The Intra-Company Transferee (ICT) category under R205(a) of the Immigration and Refugee Protection Regulations (IRPR) allows key employees of multinational companies to temporarily work in Canada without a Labour Market Impact Assessment (LMIA).
It supports the International Mobility Program (IMP) and focuses on improving management efficiency, expanding exports, and increasing global competitiveness.
This program is not designed to relocate general workforce staff but to allow executives, managers, and employees with specialized knowledge to transfer to a Canadian branch, subsidiary, affiliate, or parent company.
ICT Categories and Codes
| Code | Category | Maximum Stay | Description |
|---|---|---|---|
| C61 | Start-up / Establishing New Enterprise | 1 year (no extension, except rare cases) | For executives or specialists setting up a new branch or affiliate in Canada. |
| C62 | Executives & Managers | Up to 7 years | For those directing or managing major company functions in Canada. |
| C63 | Specialized Knowledge Workers | Up to 5 years | For employees with proprietary, enterprise-specific expertise. |
Eligibility Criteria
To qualify under R205(a), applicants must:
- Be currently employed by a multinational corporation (MNC) outside Canada.
- Have at least 1 year of continuous full-time employment with the company within the last 3 years.
- Transfer temporarily to Canada in an executive, managerial, or specialized knowledge capacity.
- Work for a qualifying Canadian entity (parent, subsidiary, affiliate, or branch).
- Maintain compliance with all temporary residence conditions.
- Demonstrate that their work will provide significant social, cultural, or economic benefit to Canada.
Not Eligible
Foreign nationals establishing a first overseas office for a non-MNC enterprise.
They should apply under Business Owner (C11) or relevant free trade agreement (e.g., CUSMA, CPTPP).
Required Documentation
Applicants must provide:
- Proof of the qualifying relationship between the Canadian and foreign enterprise.
- Offer of employment submitted via the Employer Portal, describing the role, skills, and relationship.
- Evidence of ongoing business activity in both enterprises.
- Proof of 1-year continuous employment abroad in a similar capacity.
- Company letter outlining:
- Applicant’s current and intended position.
- Duration of stay.
- Description of duties, reporting structure, and specialized skills.
- Supporting documents for significant benefit, such as:
- Business plan.
- Evidence of Canadian job creation or export growth.
- Market expansion or knowledge transfer rationale.
Assessment by Officers
When reviewing an ICT application, IRCC or CBSA officers assess the following:
1. LMIA Exemption Code
- C61: Start-up.
- C62: Executive or Manager.
- C63: Specialized Knowledge.
2. Occupation and NOC Level
- C62: TEER 0 (executive) or TEER 1 (manager).
- C63: High TEER (0–2); lower levels require strong justification.
3. Duration
- C61: 1 year max.
- C62: 3-year initial + 2-year extensions (max 7 years).
- C63: 3-year initial + 2-year extensions (max 5 years).
4. Wages
- Must meet or exceed Canadian prevailing wage for the NOC and region.
- Non-cash benefits (housing, travel) are not included.
5. Duties & Training
- Duties must match the position capacity (executive, manager, or specialized knowledge).
- Specialized knowledge workers must prove advanced proprietary expertise unique to the company.
Key Definitions
Multinational Corporation (MNC)
A business with active, revenue-generating operations in at least two countries, including its home country.
Qualifying Relationships
- Parent–subsidiary
- Branch–head office
- Affiliate–affiliate
Franchises, licensing arrangements, or client–vendor relationships do not qualify.
Actively Engaged Requirement
Both enterprises must:
- Be legally registered and operational.
- Provide goods or services regularly and systematically.
- Have employees, commercial premises, and visible operations in Canada.
Occupational Capacities
C61 – Establishing a New Enterprise
- Applicant must show:
- Physical premises plan or lease.
- Financial capacity to sustain operations.
- Business plan outlining goods/services, HR strategy, and timeline to active engagement.
- Expected transition after 1 year to C62 (executive) or C63 (specialized) if the business becomes operational.
C62 – Executives & Managers
- Responsible for company-wide or departmental decision-making.
- Manages other managers or professionals.
- Exercises authority over hiring, policy, and operations.
- Must not perform hands-on tasks or first-line supervision unless employees are professionals.
C63 – Specialized Knowledge Workers
- Must demonstrate both:
- Advanced proprietary knowledge (unique company systems, products, or methods).
- Advanced level of expertise (significant and recent experience).
- Knowledge must be rare, enterprise-specific, and not easily replicated in the Canadian labour market.
- Wage floor must meet or exceed regional prevailing wage.
Work Permit Duration and Extensions
| Code | Initial Term | Renewal | Total Maximum | Notes |
|---|---|---|---|---|
| C61 | 1 year | No | 1 year | Only extended under exceptional delays. |
| C62 | 3 years | 2-year renewals | 7 years | Must maintain management role. |
| C63 | 3 years | 2-year renewals | 5 years | Must maintain specialized role. |
Recaptured Time:
Periods not worked (e.g., parental leave, long absence >30 days) may be subtracted to extend stay within the cap.
Refusal Grounds
An application may be refused if the officer finds:
- The company is not actively engaged in business.
- The applicant’s work does not create a significant benefit to Canada.
- The applicant cannot perform the work offered.
- The offer of employment is not genuine.
- The applicant fails to prove temporary intent or eligibility under R200 or R205(a).
Officers must document reasons clearly in the Global Case Management System (GCMS).
Key Differences Between C61, C62, C63
| Feature | C61 (Start-up) | C62 (Executive/Manager) | C63 (Specialized Knowledge) |
|---|---|---|---|
| Objective | Establish Canadian branch | Manage/Direct company functions | Transfer unique company expertise |
| Max Duration | 1 year | 7 years | 5 years |
| Wage Expectation | Competitive | Executive-level | Above prevailing |
| Key Requirement | Proof of business setup | Organizational hierarchy | Proprietary expertise |
| Common Refusal | Not an MNC | Lack of staff/structure | General skill, not unique |
Practical Insights for Applicants
- Prepare a comprehensive business plan with timeline and cash flow.
- Submit organizational charts showing reporting lines and staff structure.
- Include employment contracts, tax filings, and evidence of active operations for both entities.
- For specialized knowledge, submit training certificates, project records, or patents.
- For executives, provide corporate resolutions or board-level documentation.
Summary
The ICT category under R205(a) allows multinational companies to bring senior staff or specialists into Canada to help expand or manage their Canadian operations.
Proper documentation, a genuine business presence, and alignment with economic benefit goals are critical for approval.
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