Canada offers various ways to obtain work visas for foreign skilled workers and entrepreneurs who are looking to start a business in this country. One of these paths is called intra Company Transfer Canada or Canadian ICT visa (registering a company in Canada or transferring a company to Canada).
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What is an Intra Company Transfer Canada?
As the name suggests, the Canadian ICT visa is designed for individuals transferred to work in the Canadian branch of their parent company, subsidiary, or affiliate. Notably, those entering the Canadian labour market through this visa are exempt from the requirement of a Labour Market Impact Assessment (LMIA) permit from the Canadian Labour and Employment Agency.
This authorization (LMIA), which Canadian employers must obtain, demonstrates to the Canadian federal government that hiring a foreign workforce will not negatively impact the Canadian labour market. Obtaining this license can be time-consuming and expensive, so companies tend to hire foreign workers directly without needing it.
ICT Canada visa eligibility
The nature of the work of the foreign skilled workforce in Canada must be considered “managerial, executive or involving specialized knowledge” to qualify the individual for this program. Canada divides this type of business into two main subcategories:
- Senior managers: Employees who manage all or part of the company and supervise or control the work of other managers and employees.
- Operational Managers: Employees who manage a specific function critical to achieving the company’s goals but do not necessarily manage employees.
For employees intending to transfer to the Canadian branch of their parent company, the conditions for obtaining a Canadian ICT visa are as follows:
- The employee works for a foreign parent company and intends to transfer to the Canadian branch.
- This employee has a qualified relationship with the parent company.
- The Canadian branch intends to employ them legally and continuously.
- I have work experience (at least one year out of the last three years) in a similar position and currently work in the parent company.
There are some exceptions regarding work experience. These exceptions include:
Suppose the foreign business has recently been acquired or merged. In that case, the employee need not have worked for the foreign company for one year, provided that during the previous period, the employee worked for at least one of the last three years in one of its subsidiaries. The successor company must demonstrate that it has assumed the interests, obligations, assets and liabilities of the original company and continues the same type of business as the original company.
ICT visa requirements for startup companies
A foreign company applying for a work permit under Canada’s ICT visa program must have a parent company, subsidiary, branch or affiliate relationship with a Canadian company.
A Canadian company that hosts a foreign employee must have operations in Canada rather than having a physical location in Canada. The Canadian company and the foreign company must now do business together. (Continuous provision of goods and services to each other)
Canada’s ICT visa program has various requirements for foreign businesses that want to bring key employees to the country to start a new business startup. Successful applicants receive a one-year temporary work permit to set up a company in Canada.
These permits can be renewed if the foreign company has a qualifying relationship with a Canadian business and actively continues to do business within the country.
ICT work visas are issued to startups that can demonstrate their ability to have an active business in Canada, which includes the following:
Provide evidence that the company can financially support startup costs, including the ability to pay employees.
- Prepare a realistic and complete business plan that outlines the employee’s plans for new operations and doing business in Canada.
- Provide proof that a physical location has been established in Canada or that the company is establishing a physical location.
- Demonstrate that the company is large enough to support the duties of the director or executives it transfers to Canada.
- Demonstrate that the company expects active business, and that Canadian management effectively directs what is done domestically.
Ways to convert Canada ICT visa to PR
There are many immigration options for skilled workers, some specifically designed for IT professionals, such as Express Entry and Entrepreneur Visa programs.
Before you apply for a Canadian ICT visa, you should have detailed information about the requirements and documents required to obtain a visa. To learn more about the requirements for entering Canada as a skilled worker, you can contact Arnika Visa Law Firm for quality Canadian immigration services.
Important points after obtaining ICT Canada visa
The parent company can purchase an existing Canadian business as part of this program. This will be a significant advantage for both parties, allowing you to transfer more employees and enter the Canadian market with less risk. This is a better option if you have no previous experience or clients within Canada.
The parent company or head office abroad must be operational so that you can renew your work permit from within Canada annually.
You can get 50 or 200 LMIA points under the Canada Express Entry program after 12 consecutive months of payments within Canada. 200 points for companies with mid-level managers and at least 2 divisions, with at least 5-7 employees.
Many countries have free trade agreements with Canada that allow applicants to apply under ICT without requiring significant benefits to Canada or the need to employ Canadians.
Before you apply for a Canadian ICT visa, you should have detailed information about the requirements and documents required to obtain a visa. To learn more about the requirements for entering Canada as a skilled worker, you can contact Arnica Visa Law Firm for quality Canadian immigration services.
Arnika Visa immigration firm, as a legal representative, can help you with your immigration journey to Canada. They apply for a Business Visitor Visa Canada, which allows entrepreneurs to enter Canada to explore opportunities, build networks, and assess the market. This initial entry helps them establish a Canadian branch or subsidiary of their foreign company, an essential requirement for the Intra-Company Transfer (ICT) work permit. Entrepreneurs can demonstrate a genuine business interest in Canada by using the Business Visitor Visa to set up operations, negotiate contracts, and connect with local partners. This groundwork strengthens their ICT work permit application, making it easier to transfer key personnel to manage or grow the Canadian business.