Intra Company Transfer Canada: How to Expand Your Business to Canada

Expand Your Business Seamlessly with the ICT Program

The Intra-Company Transfer (ICT) program offers multinational businesses a fast and strategic pathway to expand into Canada. Bypass the LMIA process, transfer key executives and specialized talent, and establish your presence in Canada efficiently. Whether scaling operations or strengthening your North American footprint, ICT provides a business-first approach to global mobility.

What is Intra-Company Transfer Visa?

The Intra-Company Transfer (ICT) Visa is a business-driven work permit program that allows multinational companies to temporarily transfer key employees—executives, senior managers, and specialized knowledge workers—to a Canadian branch, subsidiary, or affiliate. This program facilitates seamless business expansion, enabling companies to establish or strengthen their Canadian operations while ensuring continuity in leadership, expertise, and corporate strategy.

ICT work permits can be issued under two regulatory pathways:

1. Free Trade Agreement (FTA) ICTs(Regulation R204(a))
   • Certain ICT work permits are governed by Free Trade Agreements (FTAs) such as CUSMA (formerly NAFTA), CETA, CPTPP, and others.
   • Eligibility under an FTA depends on the nationality of the applicant and their foreign employer’s country of incorporation.
2. General ICT Program(Regulation R205(a))
   • Companies that do not qualify under an FTA can still leverage the general ICT category, which is open regardless of the applicant’s nationality.
   • This is the primary option for businesses operating in non-FTA countries or seeking more flexibility in talent mobility.

The ICT Visa is an essential tool for companies looking to scale operations, bring proven leadership to Canadian markets, and enhance cross-border business continuity—all without requiring Labour Market Impact Assessments (LMIAs).

ICT Eligibility Criteria

As outlined earlier, ICT work permits fall under two main regulatory categories: one governed by Free Trade Agreements (FTAs) under R204(a), which is available to nationals of countries that have FTAs with Canada, such as CUSMA, CETA, and CPTPP; and the general ICT program under R205(a), which applies to all foreign nationals regardless of citizenship, provided that their transfer creates or maintains significant social, cultural, or economic benefits for Canada.

While the fundamental eligibility requirements are similar across both categories, there are key differences that must be taken into account based on the applicant’s nationality and business objectives. This section focuses on the eligibility requirements under administrative codes C61, C62, and C63, which cover three specific types of ICT work permits. C61 applies to start-up businesses expanding into Canada for the first time, C62 applies to executives and senior managers transferring to oversee or direct operations in Canada, and C63 applies to specialized knowledge employees whose unique expertise is critical to the company’s Canadian operations.

These ICT pathways are designed to facilitate intra-company mobility for businesses that can demonstrate management effectiveness, expansion of Canadian exports, and increased global competitiveness. The key policy objective is to ensure that such transfers generate tangible economic or social benefits, contributing to business growth and innovation in Canada.

Applicant (Employee) Requirements

Under R205(a), all applicants seeking an Intra-Company Transfer (ICT) work permit must meet the following criteria:

• Current Employment: The applicant must be employed in an executive, managerial, or specialized knowledge capacity by a multinational corporation (MNC) outside Canada.
• Work Experience: The applicant must have been in continuous full-time employment with the foreign enterprise in a similar role for at least one year within the previous three years from the date of the initial application.
• Temporary Transfer: The applicant must be transferring on a temporary basis in the same capacity, moving from the foreign enterprise to the Canadian entity of the MNC.

Company (Employer) Requirements

Employers applying under the ICT program must satisfy the following conditions:

• Active Business Operations: The foreign enterprise must be actively doing business in Canada or, in the case of a start-up, must demonstrate a credible plan to commence operations in Canada.
• Qualifying Relationship: The Canadian entity must have a parent, subsidiary, branch, or affiliate relationship with the foreign enterprise.
• Job Position Retention: The foreign enterprise must maintain the applicant’s position, ensuring the applicant has a role to return to at the end of their assignment in Canada.
• Economic, Social, or Cultural Benefit: The employer must demonstrate that the applicant’s work in Canada will generate significant economic, social, or cultural benefits, or create opportunities for Canadian citizens or permanent residents during the validity of the work permit.
• Competitive Wages: The employer must pay the ICT applicant wages that are reasonable for the occupation, ensuring that wages are not lower than the prevailing wage for that occupation in the designated work location. (See here for prevailing wages.)
  • Note: Additional allowances such as housing or travel stipends are not considered when assessing whether wages meet the prevailing wage threshold.

Category Specific Requirements

C61 – ICT – Start-up Business – R205(a)

Applicants seeking entry under C61 to establish a new qualifying enterprise in Canada on behalf of a multinational corporation (MNC) may qualify as Intra-Company Transferees (ICTs) if they meet specific requirements:

• The applicant must demonstrate that the organizational structure of the new Canadian enterprise will support a managerial or executive position or, in the case of specialized knowledge roles (e.g., an accountant or lawyer setting up the enterprise), that the business is expected to be operational within the first year.
• A Business Plan must be provided detailing the following key operational factors:
  • Ownership and control of the enterprise.
  • Commercial premises for operations in Canada.
    • IMPORTANT: The applicant must secure a physical commercial premises for new Canadian enterprise.  
      • NOTE: the enterprise may initially use its counsel’s address until a premise in Canada can be purchased or leased.
  • Investment commitments and financial viability.
  • Organizational structure and staffing plans.
    • IMPORTANT: These plans must demonstrate that the Canadian enterprise will be large enough to support an executive, management or specialized knowledge function throughout the entire duration of the foreign national’s work permit.
  • Goods or services the business will provide.
  • Continuing viability of the foreign enterprise to ensure the applicant can transfer back at the end of their assignment. 
  • Timeline establishing when the Canadian enterprise will become actively engaged with business.

Extensions & Transition to C62/C63

• Work permits under C61 are initially granted for one year to allow the enterprise to establish itself in Canada. Within this period, the business is expected to become actively engaged in providing a good or service in Canada. Upon renewal, applicants should transition to either: C62 (Executives & Managers) – If the business is now led by executives or senior managers or C63 (Specialized Knowledge Workers) – If the applicant holds a technical or specialized role essential to the company.
  • Limited C61 Extension
    • Applications to extend a work permit under C61 beyond the initial year are generally not approved unless there are extenuating circumstances that have delayed the establishment of the enterprise. For example, a delay in securing necessary construction permits or regulatory approvals prevented the enterprise from becoming operational before the work permit expired.
    • If an officer determines that the delay was outside the applicant’s control, and that the viability of the Canadian operation is still achievable, a one-time extension of up to six months may be granted under C61 to allow the enterprise to finalize its establishment.

C62 – ICT – Executive or manager – R205(a)

This category applies to foreign nationals in an executive or managerial capacity, classified under TEER 0 or TEER 1 of the National Occupational Classification (NOC). To qualify, there must be clear evidence that the size and organizational structure of the Canadian operation justifies the need for an executive or managerial function.

• Executive capacity (TEER 0) means that the employee primarily:
  • directs the management of the enterprise or a major component or function of the enterprise;
  • establishes the goals and policies of the enterprise, component, or function;
  • exercises wide latitude in discretionary decision-making; and
  • receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the enterprise.
• Managerial capacity (TEER 1) means that the employee primarily:
  • manages the enterprise, a department, subdivision, a component or an essential function of the enterprise;
  • oversees and controls the work of:
    • other managers or supervisors;
    • professional employees; or
    • an essential function within the enterprise;

An essential function is defined as an element of business operations that is indispensable or significantly important to achieving the enterprise’s goals.

• has the authority to recommend or to hire, fire or make other personnel decisions, such as promotion and leave authorization. Where they do not directly supervise employees, the manager functions at a senior level within the hierarchy of the enterprise;
  • exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.

Exclusions & Limitations

The following individuals do not qualify under C62 – ICT Executive or Manager:

• Lower-level management positions where duties align more closely with those of managing supervisors or roles with only managerial-sounding titles.
• First-line supervisors, unless they directly supervise professionals.
• Executives or managers who engage in operational tasks, including manufacturing a product or delivering a service.

Additionally, the size of the Canadian enterprise is a critical factor. The organizational structure must demonstrate a reasonable need for an executive or high-level managerial function. The enterprise must be of sufficient scale to justify the position.

C63 – ICT – Specialized knowledge only – R205(a)

The Specialized Knowledge category applies to foreign nationals who possess unique and uncommon expertise that is critical to the Canadian enterprise. Unlike general high-skilled workers, specialized knowledge workers must demonstrate enterprise-specific expertise that cannot be easily transferred or replicated within the organization.

Definition of Specialized Knowledge

An applicant under this category must possess both:

• Advanced Proprietary Knowledge – A high and uncommon level of expertise related to the enterprise’s proprietary products, services, processes, or systems. Proprietary knowledge implies that the specifications are not publicly available and cannot be easily replicated by competitors.
• Advanced Level of Expertise – Significant, recent experience with the enterprise that enables the applicant to contribute meaningfully to productivity and business operations.

Possessing only one of these elements—advanced proprietary knowledge or advanced expertise—does not qualify a foreign national under this work permit category. Both must be demonstrated.

Examples of Specialized Knowledge

• Product (Re)Development: An ICT applicant is more likely to have specialized knowledge if they contribute to the (re)development of a product, rather than merely implementing or servicing an off-the-shelf solution.
  • Example: A software engineer modifying proprietary enterprise software would likely qualify, while an IT professional installing or configuring third-party software would not.
• Highly Customized Implementation: If an off-the-shelf product is being extensively customized, the applicant may qualify.
  • Example: A systems architect redesigning an enterprise software suite for unique operational needs.
• Advanced Proprietary Knowledge in a Technical Field: Installers, servicers, or assemblers in a lower TEER category would not typically qualify unless they can clearly demonstrate:
  • An advanced level of proprietary knowledge uncommon among general workers in the same role.
  • Work experience that makes them uniquely positioned to contribute in Canada.

Common Reasons for Refusals

Intra-Company Transfer (ICT) work permits under C61, C62, and C63 are subject to strict regulatory scrutiny under R200 and R205(a). If an officer is not satisfied that an application meets these requirements, they will issue a refusal.

A reasonable and defensible refusal decision must:

• Clearly document the specific factors under the administrative code (C61, C62, or C63) that the application fails to meet.
• Provide a logical, well-reasoned explanation that allows another reasonable person to follow the officer’s line of analysis and conclusion.
• Engage with the documentary evidence provided by the applicant—simply stating that the officer is “not satisfied that R205(a) is met” is insufficient.

For example, if an applicant submits a detailed business plan, the refusal must specifically address deficiencies, such as:

• Lack of evidence supporting financial viability.
• Insufficient details on how the business will generate significant economic or social benefits.
• Failure to justify the necessity of an executive, managerial, or specialized knowledge role within the Canadian operation.

Key Refusal Grounds

Work permits are only issued if all requirements under R200 are met. Refusal decisions typically fall under the following grounds:

1. Applicant’s Intent to Leave Canada (R200(1)(b))

Officers must be satisfied that the applicant intends to leave Canada at the end of their authorized stay. If there is doubt about the genuineness of the job offer, officers may determine that the applicant will not leave Canada.

Example: The employer and applicant have not provided sufficient evidence that the Canadian enterprise is actively engaged in business.

Example: The employer and applicant have not provided sufficient evidence that the Canadian enterprise has enough financial resources to commence business operations.

Example: The applicant has a history of visa refusals or overstays in Canada or other countries, raising concerns about their intent to leave.

 2. Failure to Demonstrate Significant Benefit (R200(1)(c)(ii.1))

ICT applicants must demonstrate that their work will create or maintain significant economic or social benefits for Canada under R205(a). If an officer is not convinced, the application may be refused.

Example: The applicant has not provided sufficient evidence that their proprietary knowledge or expertise is at an advanced level that would make it unusual or uncommon within the enterprise.

Example: The Business Plan is vague and relies on general data without providing specific details about operations and/or the significant benefits of the business.

3. Inability to Perform the Work (R200(3)(a))

If the officer is not satisfied that the applicant has the skills, experience, education, or language proficiency required to perform the work, the application may be refused.

Example: The applicant has applied as a Computer Analyst to work with clients of the Canadian enterprise at third-party locations. However, they have a CLB level 3 in English and no ability in French.

Example: The applicant has applied for a senior financial analyst role but has no prior experience in finance or accounting, raising doubts about their ability to fulfill the role.

Avoiding Refusal: Key Considerations for Applicants

Applicants should refrain from attempting to fit their circumstances into the ICT program criteria if they do not genuinely meet the requirements. The Intra-Company Transfer (ICT) program is designed for established multinational businesses with considerable financial resources, capable of expanding into Canada in a manner that justifies the presence of an ICT applicant.

A strong financial position is essential—a company must have the means to establish a Canadian enterprise that is large enough to support the ICT applicant’s role. This is particularly crucial for applicants under C61 (Start-Up Business ICTs), where the Canadian operation must demonstrate long-term viability and substantial business activity, not just a nominal presence to facilitate an immigration pathway.

More importantly, applicants must provide extensive and clear evidence demonstrating that the Canadian expansion has been carefully planned and strategically developed. A well-prepared business plan should address:

• Market research and competitive analysis showing the feasibility of the expansion.
• A detailed organizational structure that justifies the need for an executive, managerial, or specialized knowledge role in Canada.
• Projected financials and investment commitments demonstrating the company’s ability to sustain operations.
• Staffing and operational plans ensuring the business will grow beyond a minimal setup.
• Concrete timelines and milestones outlining how the business will become actively engaged in providing goods or services in Canada.

Applicants who fail to present a credible, well-documented business case risk refusal, as IRCC officers are trained to identify applications that attempt to leverage the ICT pathway primarily for immigration purposes rather than genuine business expansion.

ICT Step-by-Step Application Process

The Intra-Company Transfer (ICT) application process requires precise documentation, strategic planning, and regulatory compliance. While the steps may seem straightforward, securing approval depends on demonstrating a legitimate business need, financial viability, and strict adherence to program requirements. Missteps in documentation, business rationale, or compliance can lead to refusals, delays, or complications that may jeopardize both the application and the business expansion itself.

1.     Assess Eligibility & Business Viability

Before applying, the foreign enterprise must assess whether it meets the ICT requirements and whether the Canadian expansion is strategically viable and financially sustainable.

For ICT Start-Up applicants (C61), it is critical to ensure that the company expanding into Canada qualifies as a multinational corporation (MNC) under IRCC’s definition. According to IRCC, an MNC is a company that has revenue-generating business operations in at least one country other than its home country and that generates revenue beyond its borders.

Example: An MNC may have its headquarters in one country and subsidiaries, manufacturing plants, affiliates, or offices in other nations. One of these existing business operations may already be in Canada, making it eligible for the ICT program.

Example: A foreign enterprise may be headquartered in its home country, where it is incorporated, and operate a branch in Canada. Because both entities are already established and generating revenue, the enterprise meets the definition of an MNC.

IMPORTAT: An enterprise outside of Canada cannot become an MNC by using the ICT work permit category to establish their first foreign enterprise in Canada.

Beyond meeting the MNC requirement, the following must also be considered:

1. Qualifying Relationship: The foreign and Canadian enterprises must have a parent, subsidiary, branch, or affiliate relationship.
   1. Legitimate Business Expansion: The Canadian operation must be more than a placeholder—it must have a clear business rationale and the ability to support the ICT applicant’s role long-term.
   1. Financial Readiness: The foreign enterprise must demonstrate the financial capacity to establish and operate the Canadian entity, ensuring it can sustain its workforce and business commitments.
   1. Applicant’s Qualifications: The applicant must have the experience, expertise, and qualifications necessary to meet the ICT criteria under C61, C62, or C63.

2.     Develop a Comprehensive Business Plan

A well-structured business plan is the foundation of a strong ICT application. IRCC officers scrutinize business plans to determine whether the Canadian operation is a genuine expansion or merely a vehicle for immigration. A properly developed business plan should include:

1. A clear justification for the ICT applicant’s role in Canada.
2. Organizational structure demonstrating the need for an executive, manager, or specialized knowledge worker.
3. Projected financials, investment commitments, and operational expenses proving the company can sustain itself and support the ICT applicant.
4. Hiring and HR plans detailing how and when the business will recruit additional employees in Canada.
5. Market analysis and growth strategy showing how the business will actively engage in providing goods or services.
6. Timelines and performance milestones for establishing the Canadian operation and achieving business goals.

Many ICT applications are refused due to inadequate business plans that fail to justify the necessity of the applicant’s role or the long-term viability of the business.

3.     Prepare Supporting Documentation

A strong ICT application requires extensive, well-organized documentation that proves the legitimacy of the business expansion and the qualifications of the applicant. Each element must clearly demonstrate compliance with ICT requirements under R200 and R205(a). The following key documents must be included in the application:

1. Proof of a Qualifying Business Relationship
   1. Evidence that the foreign enterprise is part of a multinational corporation (MNC) and has a qualifying relationship (parent, subsidiary, branch, or affiliate) with the Canadian enterprise.
   1. Documentation confirming that the Canadian enterprise is actively engaged in business, meaning it is regularly, systematically, and continuously providing goods or services in Canada. If the applicant is establishing a new Canadian enterprise (C61 ICT Start-Up), a timeline and supporting evidence must demonstrate when the business will begin operations.

Important: Simply having an agent or office in Canada does not qualify as doing business. A company that exists in name only with no employees will not qualify under ICT.

• Offer of Employment & Business Justification
  • The Offer of Employment must be submitted through the Employer Portal (or alternate means if authorized).
  • The offer must:
    • Clearly describe the unique skills and experience required for the position.
    • Outline the relationship between the foreign and Canadian enterprises.
    • Ensure that the occupation in Canada matches the applicant’s current role in the foreign enterprise (executive, managerial, or specialized knowledge).
  • Proof of Applicant’s Current Employment & Qualifications
    • For Executives & Managers (C62):
      • Position title, role within the organization, job description.
    • For Specialized Knowledge Workers (C63):
      • Evidence demonstrating the proprietary and advanced nature of the applicant’s knowledge.
      • A clear business justification that proves this expertise is critical to Canadian operations.
    • Letter of Introduction from the Foreign Enterprise, detailing:
      • The applicant’s current role, position, and responsibilities.
      • The unique skills and experience required for the position.
      • The position in Canada (title, role, and reporting structure).
      • The intended duration of stay in Canada.
      • The relationship between the foreign and Canadian enterprises.
    • Proof that the applicant has been continuously employed by the foreign enterprise full-time for at least one year in the past three years.
  • Proof of Education & Work Experience

The applicant must provide evidence that they meet the eligibility criteria in the Offer of Employment. This can include:

1. Reference letters confirming work experience and responsibilities.
   1. Company letters of support outlining the applicant’s contributions.
   1. Job descriptions demonstrating specialized expertise.
   1. Education credentials (degrees, certifications).
   1. Industry recognitions, such as publications or awards (if applicable).
   1. Business & Economic Justification for the ICT Transfer

A detailed description of the work to be performed in Canada, demonstrating:

1. How the applicant’s work will create or maintain significant economic, social, or cultural benefits in Canada.
   1. That the applicant’s stay in Canada is temporary and does not indicate an attempt to become a de facto permanent resident.

For C61 ICT Start-Ups, supporting documents must also explain how the applicant meets the specific requirements for establishing a new Canadian business.

Failure to provide clear, well-structured documentation is one of the most common reasons for ICT refusals. The burden of proof is on the applicant and employer to demonstrate compliance with all program requirements.

4.    Submitting the ICT Work Permit Application

The ICT work permit application is a two-step process that involves both the Canadian employer and the foreign applicant. Proper submission requires strict adherence to IRCC’s procedural requirements, and failure to complete any step correctly can result in processing delays or refusals.

STEP 1: Employer Submission – Offer of Employment via Employer Portal

The employer must:

1. Register for and access the IRCC Employer Portal.
   1. Submit the Offer of Employment to IRCC, ensuring it includes:
      1. The business details of the Canadian entity.
      1. The relationship between the Canadian and foreign enterprises.
      1. A detailed job description that aligns with the applicant’s current role at the foreign enterprise.
      1. The unique skills and experience required for the position.
   1. Pay the employer compliance fee and submit the offer.
   1. Provide the Offer of Employment number (which starts with an “A”) to the applicant.

The applicant cannot proceed with their work permit application without this Offer of Employment number.

STEP 2: Applicant Submission – Work Permit Application

Once the applicant receives the Offer of Employment number, they must:

• Download the Correct Application Checklists:
  • The general work permit checklist.
  • The country-specific checklist (as requirements may vary by nationality).
  • Prepare the Work Permit Application Package, ensuring it includes:
    • All supporting documents outlined in Step 3, including proof of employment, business justification, and financial viability.
    • The Offer of Employment number (starting with “A”), as provided by the Canadian employer.
    • Completed forms and declarations, ensuring accuracy and consistency with the submitted employer information.
    • Payment of the work permit processing fee and, if applicable, biometrics and medical examination fees.

Failure to include any required documents or provide inaccurate information may result in processing delays or outright refusal.

5.    Respond to Officer Requests & Follow-Up

During processing, IRCC may issue requests for additional documents or a procedural fairness letter (PFL) if there are concerns about eligibility. These must be addressed carefully and strategically, ensuring that:

1. Timely and comprehensive responses are provided to all IRCC inquiries.
2. Clarifications and additional evidence are submitted to resolve officer concerns.
3. Legal or business expertise is sought where necessary to mitigate risks and strengthen the application.

Failure to respond properly can result in refusal, even if the initial application was strong.

6.    Work-Permit Approval & Entry to Canada

If approved, the applicant will receive a Port of Entry (POE) Letter of Introduction, allowing them to obtain their work permit upon arrival in Canada. At this stage:

1. The applicant must ensure they have all required travel and business documents at the border.
2. If applicable, business setup steps (e.g., payroll registration, office lease finalization) should already be in progress.
3. Ongoing compliance with ICT conditions should be maintained to prevent future immigration issues.

Entering Canada unprepared or failing to meet business commitments after arrival may impact future renewals or PR eligibility.

7.    Post-Entry: Commencement of Business & Compliance

1. Securing an ICT work permit is only the first step—once in Canada, the applicant must immediately begin executing the business plan as submitted in their application. The ICT program is designed for legitimate business expansion, not passive immigration. Failure to actively engage in business operations as outlined in the business plan can jeopardize future immigration applications, including work permit renewals or permanent residence applications.
2. One of the most immediate priorities upon arrival is securing a physical commercial premises in Canada. If the business initially used its legal counsel’s address during the application stage, it must transition to a dedicated commercial space as soon as possible.
3. Beyond establishing a physical presence, the applicant must ensure that business operations align with the commitments made in the submitted business plan. This means actively providing goods or services, initiating hiring plans, and ensuring the workforce is structured to support the applicant’s executive, managerial, or specialized knowledge role. Establishing business relationships, securing contracts, and engaging with the Canadian market are all expected as part of a successful ICT expansion.
4. To maintain compliance with both immigration and business regulations, meticulous record-keeping is essential. Applicants must retain detailed records of all business activities, including lease agreements, invoices, contracts, payroll records, employment agreements, financial statements, and tax filings. These documents not only serve as evidence of compliance but are also critical for future immigration applications, including work permit renewals and permanent residence applications.
5. IRCC may request evidence of business activity at any time, and failure to provide proof that the business is actively engaged can lead to refusals. Those planning to extend their ICT work permit or transition to permanent residence must be prepared to demonstrate that the business has met key milestones, remains financially stable, and is actively contributing to the Canadian economy. Ongoing compliance and strategic execution are essential for long-term success in Canada.

Processing Time: How Long Does an ICT Application Take?

ICT work permit processing times vary by country of nationality and the visa office handling the application. Applicants should refer to IRCC’s official processing time tool for the most up-to-date estimates.

IMPORTANT: ICT applicants may qualify for expedited two-week processing under Canada’s Global Talent Stream (GTS) if they meet all of the following criteria:

• They are applying from outside Canada.
• Their job falls under TEER 0 or 1 of the National Occupational Classification (NOC).
• Their employer has submitted an offer of employment through the Employer Portal and paid the employer compliance fee.

Path to Permanent Residence for ICT Visa Holders

ICT visa holders have multiple pathways to permanent residence (PR) through both federal and provincial programs. However, careful structuring of employment and business relationships is crucial to ensuring eligibility, particularly under Express Entry.

Federal Pathway: Express Entry

For many ICT visa holders, the Canadian Experience Class (CEC) under Express Entry is the most viable federal PR option. To qualify, the applicant must have at least one year of Canadian work experience in a TEER 0, 1, 2, or 3 occupation. However, it is essential to note that self-employment does not count as Canadian work experience under CEC.

This means that if the ICT applicant is a majority shareholder in the Canadian enterprise, they may not qualify under CEC unless their role is structured as genuine employment rather than self-employment. For example, if the foreign enterprise and the Canadian entity are affiliates, but the applicant is improperly classified as self-employed, this could bar them from both CEC eligibility and Canadian work experience points under the Express Entry system.

That said, even if the applicant does not qualify for CEC, their one year of Canadian work experience may still earn arranged employment points under Express Entry, which can boost their CRS score for both CEC and the Federal Skilled Worker Program (FSWP).

Provincial Nominee Program (PNP) Pathways

ICT applicants may also qualify for PR through Provincial Nominee Programs (PNPs), depending on the specific eligibility criteria of the province where they work. Many PNP streams require the Canadian employer to meet minimum operational and revenue thresholds, as well as a minimum number of years in business before they can support an applicant for nomination.

Given the variability in PNP requirements, applicants should carefully assess which provincial stream aligns best with their situation and whether the Canadian employer meets the necessary criteria.

Proper legal and business structuring from the outset is essential to ensure ICT applicants can transition smoothly to PR without unintended barriers.

Is ICT right for you and your business?

The ICT program is a powerful tool for multinational corporations (MNCs) looking to expand into Canada while seamlessly transferring key personnel. However, it is not a one-size-fits-all solution. Businesses must carefully assess whether ICT aligns with their goals, financial capacity, and long-term plans for Canadian operations.

Pros and Cons of the ICT Program

Pros

• No Labour Market Impact Assessment (LMIA) Required: ICT exempts employers from the LMIA process, allowing companies to transfer executives, managers, or specialized knowledge workers without proving a shortage of Canadian workers. This makes the process faster and less cumbersome.
• Faster Processing under GTS: ICT applicants may qualify for expedited two-week processing under Canada’s Global Talent Stream (GTS)
•  Strategic Market Expansion: ICT offers a fast and seamless expansion pathway for qualifying businesses by bypassing the LMIA process. This allows multinational corporations to transfer key personnel quickly, ensuring operational continuity and efficient market entry without labour market testing delays.
• PR Prospect: ICT work experience may qualify for Express Entry’s Canadian Experience Class (CEC) or arranged employment points under the Federal Skilled Worker Program (FSWP). However, ICT applicants must be structured as employees to count their work experience under CEC—self-employment does not qualify.
• Family Benefits: Spouses of ICT work permit holders are eligible for open work permits, and dependent children can study in Canada without needing a separate study permit.

Cons

• Not Suitable for Small Businesses Without Global Operations:
  ICT is meant for multinational corporations (MNCs) with established business operations in at least one country outside their home country. Businesses with no existing international footprint or revenue-generating operations outside their home country do not qualify.
• Temporary Work Permit – Not a Direct PR Program
  ICT is a temporary work permit, meaning the applicant must actively work in Canada under their approved role. Failure to execute the business plan, establish operations, or provide ongoing goods/services can lead to refusal of future extensions or PR applications.
• Significant Financial and Operational Commitments
  Businesses utilizing the ICT program must be financially prepared to establish and sustain a legitimate presence in Canada. This includes securing physical commercial premises, ensuring ICT employees are paid above the prevailing wage, and hiring Canadian staff to build a sustainable workforce. Additionally, companies must maintain active business operations that provide significant economic benefits to Canada. Failure to meet these commitments can jeopardize work permit renewals and future immigration applications.
• Strict Documentation and Compliance Requirements
  IRCC applies rigorous scrutiny to ICT applications, requiring companies to demonstrate a real business need, proper corporate structure, and financial capacity. Simply setting up a Canadian entity without active business operations will lead to refusals.

Key Benefits Highlight

• Fast-Track Expansion – ICT allows businesses to enter the Canadian market quickly without the delays of an LMIA.
• Workforce Mobility – Seamless transfer of executives, managers, and specialized talent to support business operations.
• Operational Continuity – Retain corporate leadership and specialized expertise within the company’s global structure.
• Competitive Edge – Establish a Canadian presence strategically, unlocking access to North American markets.
• Permanent Residence Pathway – Work experience under ICT can lead to Express Entry eligibility or PNP nomination, offering long-term stability for key employees.
• Family & Talent Retention Benefits – Spouses can obtain open work permits, and dependent children can study in Canada without a separate permit, enhancing employee retention and satisfaction.

Why Choose Shekarian Law PC?

At Shekarian Law PC, we take a business-first approach—we are business lawyers with immigration expertise, not just immigration lawyers. This distinction enables us to strategically position entrepreneurs for success by integrating business law, immigration strategy, and policy insight into every step of the journey. Our unique approach ensures that start-ups don’t just meet immigration requirements but are built for long-term success in Canada’s competitive business environment.

Business-First Legal Expertise: We go beyond immigration law by providing corporate structuring, strategic negotiations, regulatory compliance support, and facilitating high-value partnerships to help businesses grow.

Risk Management & Contingency Planning: From essential member strategies to DO dependencies, we anticipate potential roadblocks and develop proactive legal safeguards to protect your business and immigration status.
Policy Insight & Advocacy Leadership: As active participants in business immigration policy discussions, we don’t just react to regulatory changes, we anticipate and navigate them strategically, keeping our clients ahead of the curve.
Beyond-Immigration Business Support: Our real value shines after PR approval, providing ongoing support with funding and growth strategies, SR&ED claims, IP protection, and strategic negotiations to help entrepreneurs scale in Canada.

Frequently Asked Questions About Intra-Company Transfers to Canada