Key Changes and Implications
Immigration, Refugees and Citizenship Canada (IRCC) has recently updated its internal guidelines for processing Intra-Company Transferees (ICTs). These changes, effective October 3, 2024, aim to clarify eligibility criteria, streamline the application process, and reinforce the program’s intent to facilitate the transfer of skilled workers within multinational corporations (MNCs).
Key Updates
- MNC Definition Clarified: IRCC has provided clearer guidance on what constitutes an MNC, ensuring that ICTs are only used for transferring employees within genuine multinational entities.
- Specialized Knowledge Requirements: The definition of “specialized knowledge” has been refined to better assess whether an applicant’s skills are unique and essential to the Canadian operation.
- Eligibility Criteria Reinforced: IRCC has consolidated eligibility criteria for foreign nationals applying for ICTs, making it easier for applicants to understand the requirements.
- Focus on Genuine Transfers: IRCC has emphasized that the ICT program should not be used to transfer a company’s general workforce to Canadian affiliates. The focus should be on transferring key employees with specialized knowledge.
- GCMS Documentation: IRCC has reminded officers to ensure that all relevant evidence for ICT applications is included in the Global Case Management System (GCMS).
Impact on Free Trade Agreement (FTA) Provisions
IRCC has also updated guidelines for ICTs under various FTAs, including the Canada-United States-Mexico Agreement, Canada-Korea Free Trade Agreement, and others. The changes standardize the format and instructions for these FTA provisions, making the application process more consistent.
International Mobility Program
The ICT program is part of the International Mobility Program, which allows employers to hire foreign workers without obtaining a Labour Market Impact Assessment (LMIA). LMIA-based work permits are more complex and time-consuming, making the ICT program a more attractive option for companies seeking to transfer skilled employees to Canada.
IRCC’s Ongoing Reforms
These updates to the ICT program align with IRCC’s broader efforts to scale back temporary resident programs. The government aims to reduce the proportion of temporary residents in Canada’s population from 6.5% to 5% over the next three years.
Additional Measures
- Study Permit and PGWP Reductions: IRCC has announced measures to reduce the number of study permits and post-graduation work permits (PGWPs) issued over the next three years.
- Temporary Foreign Worker Program (TFWP) Changes: The TFWP has also been subject to revisions, with a temporary suspension of processing for low-wage stream applications in areas with high unemployment rates.
IRCC’s updates to the ICT program aim to ensure its integrity and effectiveness as a tool for attracting skilled foreign workers to Canada. By clarifying eligibility criteria and streamlining the application process, these changes can benefit both multinational corporations and the Canadian economy.
