IRCC Announces Updates for Intra-Company Transferee Program

Immigration, Refugees, and Citizenship Canada (IRCC) recently updated its guidelines for Intra-Company Transferees (ICTs), with the changes released on October 3. These updates specifically affect staff handling ICT applications, under section R205(a) of Canadian Interests – Significant Benefit.

Key Changes to the ICT Program

IRCC has introduced several important updates to the rules and requirements for ICT applications:

• Multinational Company Requirement: ICT applicants must be transferred from a foreign branch of an existing multinational corporation (MNC). IRCC staff have received guidance on how to evaluate if a company qualifies as an MNC.
• Specialized Knowledge: The definition of "specialized knowledge" has been clarified, along with instructions on assessing whether the applicant or the role requires such expertise.
• Eligibility Criteria: There are clearer guidelines on who qualifies for the ICT program.
• Simplified Instructions: IRCC has consolidated all ICT-related instructions into one page for easy reference.
  
  

Additionally, the guidance stresses that the ICT program should not be used to simply transfer a company’s general workforce to Canada. Officers are also reminded to ensure that all relevant evidence is entered into the Global Case Management System (GCMS) for ICT applications.

Free Trade Agreements and ICTs

In conjunction with the ICT updates, IRCC has also revised guidelines under paragraphs R186(s) and R204(a) related to various free trade agreements (FTAs), including:

• Canada–United States–Mexico Agreement
• Canada–Korea Free Trade Agreement
• Canada–Peru Free Trade Agreement
• Canada–Colombia Free Trade Agreement
• Canada–Chile Free Trade Agreement
• Canada–European Union: Comprehensive Economic and Trade Agreement
• Canada–United Kingdom Trade Continuity Agreement
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
  
  

The revised instructions standardize the format for processing ICT applications under each FTA, integrating ICT guidance into each FTA's specific instructions and creating individual pages for temporary work provisions.

International Mobility Program Overview

The International Mobility Program allows employers to hire foreign nationals through ICTs without requiring a Labour Market Impact Assessment (LMIA). This can significantly reduce the time and effort for employers compared to LMIA-based permits, which assess the impact of hiring a foreign worker on the Canadian labor market.

Aligning with Broader Reforms

These changes to the ICT program are part of IRCC’s larger strategy to reduce temporary resident programs. Immigration Minister Marc Miller aims to decrease the percentage of temporary residents in Canada from 6.5% to 5% over the next three years.

Recently, Miller announced plans to cut down on study permits, post-graduation work permits (PGWPs), and spousal open work permits to align with this objective. Furthermore, the government has paused processing low-wage stream applications under the Temporary Foreign Worker Program (TFWP) in areas where unemployment exceeds 6%.

On November 1, IRCC will release the upcoming Levels Plan, which will, for the first time, include targets for temporary residents alongside permanent residency goals.