#IntraCompanyTransferees

In a significant move, Immigration, Citizenship and Refugees Canada (IRCC) has released updated program guidelines for Intra-Company Transferees (ICTs), effective October 3, 2024 ¹. These changes aim to clarify and streamline the process for employers seeking to transfer foreign nationals to Canada.

Key Updates to R205(a) Guidance

The IRCC has made substantial changes to staff guidance for section R205(a) of Canadian Interests – Significant Benefit – Intra-company transferees. These updates include:

– Clarification on Multinational Corporations: ICTs must be transfers from a foreign enterprise of an existing multinational corporation (MNC).

– Specialized Knowledge Definition: Clearer guidelines on assessing specialized knowledge and its requirements.

– Eligibility Criteria: Clarified eligibility criteria for foreign nationals.

– Consolidated Instructions: All ICT instructions are now on a single page.

Additionally, the IRCC stressed that ICTs should not be used to transfer an enterprise’s general workforce to affiliated entities in Canada.

Free Trade Agreement Updates

The IRCC has also updated instructions related to several free trade agreements, 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

These updates standardize the format and include:

– Integrated Guidance: All guidance on assessing ICTs is now integrated into the ICT instructions for each FTA.

– Individual Pages: Instructions are formatted as individual pages for each temporary work provision.

– *Overview Page: An overview page has been added for each FTA.

International Mobility Program Explained

The International Mobility Program allows employers to use Intra-Company Transfers to obtain work permits for foreign nationals without requiring a Labour Market Impact Assessment (LMIA). This program ensures that hiring foreign workers has a neutral or positive impact on the Canadian labour market.

IRCC’s Ongoing Reforms

These updates align with IRCC’s broader agenda to scale back temporary resident programs. Immigration Minister Marc Miller aims to reduce the proportion of temporary residents in Canada’s population from 6.5% to 5% over the next three years.

Stay informed about the latest immigration updates and changes. Consult with immigration experts to navigate the complex process.

#ImmigrationCanada #IntraCompanyTransferees #IRCCUpdates #CanadianImmigrationReforms