To be eligible for the program, applicants must be currently employed by a multinational company and seeking to work in a parent, subsidiary, branch, or affiliate of that enterprise. They should be transferring to a company with a qualifying relationship, have at least one year of continuous full-time employment with the company outside Canada, and be in an executive, senior managerial, or specialized knowledge capacity.

• Executives: Individuals holding senior leadership positions within the company, responsible for strategic decision-making and overall management.

• Managers: Individuals who oversee the organization or a department within it, with supervisory responsibilities and authority over other employees.

• Specialized Employees: Individuals possessing advanced knowledge, expertise, or skills that are essential for the company's operations, and not readily available in the Canadian labor market.

Qualifying positions for Executives and Senior Managers

• Senior Executive: This position involves directing the management of an organization or a major component/function of the organization. The individual establishes goals and policies, exercises wide discretionary decision-making authority, and receives general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

• Senior Manager: This position involves managing an organization, a department, subdivision, function, or component of the organization. The individual supervises and controls the work of other managers/supervisors, professional employees, or manages an essential function within the organization. They have the authority to hire, fire, and make recommendations for personnel actions, and exercise discretion over the day-to-day operations of the activity or function.

Qualifying positions for Functional Managers

• Functional Manager: In the intra-company transferee context, a functional manager manages an essential function within the company. They may not necessarily manage staff directly but provide coordination and guidance to other managers, have responsibility over assets or sales with a significant value, or direct the work of subcontracted firms. They operate at a senior level within the organization or within the function managed and have discretion over the day-to-day operations of the function.

Qualifying positions for Specialized Knowledge Workers

To be eligible as a Specialized Knowledge worker, the applicant must possess a high standard of "specialized knowledge" related to the company's product, service, research, equipment, techniques, or management. The specialized knowledge must be at an advanced level of expertise and proprietary to the company.

Factors to consider for specialized knowledge:

• Proprietary Knowledge: The applicant must demonstrate knowledge that is specific to the company's products or services and not easily duplicated by other companies. It implies that the company has not disclosed the specifications allowing others to replicate the product or service.

• Advanced Expertise: The applicant must possess an advanced level of expertise or knowledge gained through significant and recent experience with the organization. The knowledge or expertise should be uncommon within the industry and the host firm, critical to the business of the Canadian branch, and not readily available in the Canadian labor market.

Documentation to support specialized knowledge:

• Applicants must provide evidence to demonstrate their specialized knowledge. This may include a resume, reference letters, a letter of support from the company, job descriptions outlining training acquired, years of experience in the field, degrees or certifications obtained, publications, and awards. A detailed description of the work to be performed in Canada should also be included.

A qualifying relationship between the Canadian and foreign employer is defined by the following criteria:

1. Legal entities: Both the Canadian and foreign enterprises must be legal entities, constituted or organized under applicable law. This includes corporations, trusts, partnerships, sole proprietorships, joint ventures, or other associations.

2. Parent, subsidiary, branch, or affiliate relationship: There should be a recognized business relationship between the Canadian and foreign companies, wherein one entity has a parent, subsidiary, branch, or affiliate status in relation to the other.

3. Doing business: Both the Canadian and foreign entities must be actively engaged in the regular, systematic, and continuous provision of goods and/or services. Mere presence of an agent or office in Canada is not sufficient. Evidence such as annual reports, articles of incorporation, profit/loss statements, partnership agreements, business tax returns, and registration with relevant authorities may be required to demonstrate active business operations.

4. Ownership and control: Ownership refers to the right of possession with full power and authority to control, while control means the right and authority to direct management and operations of the entity. The qualifying relationship is established based on ownership and control factors.

It is important that the qualifying relationship is maintained throughout the intended stay of the intra-company transferee in Canada. If there are changes in ownership or if the entities no longer meet the requirements for parent, subsidiary, affiliated, or branch relationships, the qualifying relationship may be affected.

In cases of mergers or acquisitions, it is necessary to establish that a qualifying relationship remains, even with changes in ownership. The burden of providing evidence for the qualifying relationship lies with the applicant.

It's worth noting that the source of the foreign national's salary and benefits is not a determining factor for the qualifying relationship between the Canadian and foreign employer.

“Must take a position in Canada" refers to the requirement that there must be an employer-employee relationship between the Canadian branch of the company and the foreign worker being transferred. The key factor in determining this relationship is the employer's right to direct and control the employee's work. While it is anticipated that the foreign national will engage in full-time employment with the Canadian branch, there is no strict requirement for the foreign worker to perform full-time service in Canada. For instance, an executive may divide their working hours between offices in Canada and another country, such as the U.S. It is not mandatory for the foreign worker to be paid directly by the Canadian entity, although this is typically the case.

To establish that the employer is a legal entity, evidence such as articles of incorporation, partnership agreements, license to do business, and registration with the Canada Revenue Agency (CRA) as an employer can be provided.

It is important to note that non-qualifying business relationships are those based on contracts, licensing arrangements, and franchise agreements. Affiliation between companies cannot be established merely through factors like small stock ownership, exchange of products or services, licensing or franchising agreements, board memberships, or the formation of consortia or cartels.

In cases where an applicant seeks entry to open a new office on behalf of the foreign enterprise, they may also qualify for intra-company transferee status. However, it must be demonstrated that the enterprise in Canada is expected to support a managerial or executive position or, in the case of specialized knowledge, is expected to be engaged in business activities. Factors such as ownership or control of the enterprise, premises, investment commitment, organizational structure, goods or services to be provided, viability of the foreign operation, and financial ability to support the new business should be taken into consideration.

The ICT program was not designed as a direct pathway to permanent residency. However, depending on the circumstances, there may be a pathway for individuals and their families to immigrate permanently after being issued a work permit as an ICT.

Yes, once an applicant receives a work permit as an ICT, their spouse is automatically eligible for an open work permit, allowing them to work anywhere in Canada. Children or dependents of the ICT work permit holder are also eligible for free healthcare, subsidized education, and other benefits enjoyed by Canadians.

Start-up companies may be eligible for the ICT program. They must demonstrate realistic plans to staff the new operation, have the financial ability to start and operate a business in Canada, and meet specific requirements depending on the category of the transferee (executive, senior managerial, or specialized knowledge worker).

Intra-company transferees are not necessarily required to physically relocate to Canada. However, they should occupy a position within the Canadian branch of the company, have a clear employer-employee relationship with the Canadian company, and have their day-to-day activities directed by the Canadian company.