The Intra-Company Transferee (ICT) immigration program is designed for employees of foreign companies that have a branch in Canada. This policy aims to support foreign businesses in expanding their operations to Canada and transferring qualified employees to work there. If you’re looking to understand what the ICT immigration stream entails, join Phan Immigration in exploring the details below.
What Is the Intra-Company Transferee (ICT) Immigration Program?
The Intra-Company Transferee (ICT) program allows foreign businesses with a branch in Canada to transfer employees to work in the country. These employees are granted a 1-year work permit, which can be extended for up to 7 years, depending on whether the branch continues to operate and receives sufficient support from the parent company.
The ICT program facilitates multinational companies in expanding and operating new branches by utilizing employees with high-level skills, specialized expertise, or senior managerial experience. Its main goal is to encourage foreign investment and help international companies operate effectively within Canada.
Key Benefits of the ICT Program:
- No Labour Market Impact Assessment (LMIA) required.
- Faster application processing – typically 3 to 4 months to receive a Work Permit.
- Spouses and children can accompany the worker to Canada.
- No minimum investment requirement.
- No need to prove personal net worth.
- Applicants are not required to permanently live or work in Canada.
- Pathway to permanent residence through federal or provincial immigration programs.
Eligibility Requirements for the ICT Program
The Intra-Company Transferee (ICT) immigration program in Canada outlines specific requirements for three key parties: the parent company in Vietnam, the Canadian branch, and the investor or business representative. The details are as follows:
Requirements for the Parent Company in Vietnam
To be eligible for ICT, the parent company in Vietnam must meet the following criteria:
- Must be legally operating in Vietnam, holding valid business licenses and complying with tax obligations.
- Must have been established for at least one year; the longer the operational history, the higher the approval chances.
- Must maintain a clear and verifiable relationship with the subsidiary or branch in Canada.
- Must demonstrate sufficient financial capacity to support business operations in Canada.
Criteria for the Business Entity in Canada
The Canadian branch or affiliate must meet the following minimum requirements:
- Must be a branch, subsidiary, or affiliate with a formal and close relationship to the parent company in Vietnam.
- Must have a clear development strategy for operations in Canada.
- Must be legally registered and operating in Canada.
- Must justify the necessity of transferring the employee.
- Must employ at least one staff member in Canada.
- Must have a minimum of CAD 100,000 (approximately 1,788,775,000 VND) available to manage operations in Canada.
Conditions for the Investor or Business Representative
To qualify for transfer to the Canadian branch, the investor or business representative must meet the following conditions:
- Must have at least a high school diploma.
- Must be in good health.
- Must have no criminal record.
- Must have held a position as a senior manager, executive, or equivalent for at least one year within the past three years at the parent company in Vietnam.
- Must assume an equivalent role at the Canadian branch or subsidiary.
Application Process for the Intra-Company Transferee (ICT) Program
To apply for immigration under the Intra-Company Transferee (ICT) stream, applicants must go through the following 6-step process:
Step 1: Initial Assessment and Eligibility Review
This step involves determining whether the company and the employees intended for transfer meet the ICT program requirements. Both the business owner and the selected employees must provide documentation to prove their eligibility for the ICT visa.
Step 2: Establishing a Subsidiary or Branch in Canada
Once the initial assessment is approved, the applicant must obtain a business license. After securing the license, the company must either establish or acquire a subsidiary or branch in Canada, in compliance with Canadian business registration regulations.
Step 3: Submit Work Permit Application
After establishing the subsidiary or branch, the applicant must submit an application for a 1-year ICT Work Permit to IRCC in order to manage the business in Canada. The application must include supporting documents such as:
- Proof of the relationship between the parent company and the Canadian branch/subsidiary.
- The applicant’s relevant work experience.
- The position to be held in Canada.
- Salary details and working conditions.
In addition, the applicant may also apply for work or study permits for their spouse or children.
Step 4: Operate the Business in Canada
The applicant must physically relocate to Canada to manage the business operations in accordance with the approved plan. After 12 months, the work permit can be renewed if the following conditions are met:
- The business remains active in the home country.
- The Canadian branch must have a physical office (virtual offices are not accepted).
- The Canadian branch must employ at least one Canadian citizen or permanent resident.
Step 5: Apply for Permanent Residency
After working in Canada for a period of time, the applicant may apply for permanent residency through suitable immigration programs. In addition to the applicant’s personal documentation, the Canadian business entity must meet the following requirements:
- The business must still be actively operating, offering specific products or services and serving customers.
- It must hold valid business licenses and permits.
- It must have a physical office in Canada.
- It must employ at least one Canadian citizen or permanent resident.
Step 6: Apply for Canadian Citizenship
Once the applicant becomes a permanent resident and has lived and worked in Canada for a sufficient period, they may apply for citizenship. To be eligible, the applicant must:
- Be a permanent resident of Canada.
- Have lived in Canada for at least 1,095 days within the past 5 years.
- Have filed personal income taxes for at least 3 of the past 5 years.
- Demonstrate basic proficiency in English (or French).
- Pass the citizenship test.
The information above outlines the Intra-Company Transferee (ICT) immigration program in Canada. While this program supports employees of foreign companies, it comes with strict requirements and a complex application process. If you need assistance with the procedures and documentation for an ICT Visa, feel free to contact Phan Immigration for detailed guidance.
