Immigration, Citizenship and Refugees Canada (IRCC) has updated its Program Delivery Updates,
updating guidance on how IRCC officers should analyze intra-company immigration applications for
applicants qualifying under R205(a) Canadian Interests. We have provided information below on the
key updates which include stricter requirements for employers and foreign nationals entering as
intra-company transfers (ICTs).
Please note that these updates are targeted to ICTs entering under R205(a) Canadian Interests and
are partially applicable to countries with international agreements with Canada: USA, Mexico, Colombia,
Chile, South Korea, Panama, Peru, GATS Professionals, European Union, UK, Ukraine, and CPTPP countries (Australia,
Brunei, Japan, Malaysia and New Zealand)
| UPDATED GUIDANCE | IMPACT |
| Eligibility requirements for companies now include: • Officers must ensure that the foreign enterprise qualifies as an existing multinational corporation (MNC). This means that the enterprise must have revenue-generating operations in at least two countries before establishing an enterprise in Canada. • Employers and foreign nationals are required to demonstrate that their position in the foreign enterprise will remain available to them for their return after their period of employment in Canada. • Employers and foreign nationals must demonstrate that their work will generate significant economic, social, or cultural benefits, or opportunities for Canadians/PRs during their employment in Canada. | An enterprise outside of Canada cannot become an MNC by using the ICT category to establish their first foreign enterprise in Canada. A Canadian enterprise which exists in name only, not generating any revenue or profit, would not qualify for sponsoring ICTs. Officers will scrutinize whether to limit work permit durations for foreign nationals working on short-term projects, including projects taking place at the company premises in Canada or at a client site (generally seen as applicable for persons the company needs to transfer for their specialized knowledge). More documentary evidence must be provided to provide the claims of the employer. These can include corporate org charts to demonstrate multinational operations, letter from foreign entity confirming the position will remain open, and business or operational plans showing economic benefits of transferring foreign national. |
| Eligibility requirements for foreign nationals now include: Stricter interpretation of whether the applicant holds the necessary specialized knowledge to qualify under the program. Applicants should have at least TWO years of experience in the foreign enterprise. If less, (but more than a minimum of one year), they can demonstrate studies in a relevant field or years of experience in the industry, but will face a higher level of scrutiny. Part-time work cannot be used to meet the one year of full-time employment requirement with the foreign enterprise. Previously, part-time work equivalent to one year was allowable. | Employers will need to carefully consider which foreign nationals they seek to send to Canada, and the intended purposes of the transfer. ICTs should be temporary in nature, and is only means to facilitate the movement of highly specialized workers, managers, and executives to meet specific temporary business needs for a limited time. More documentary evidence must be provided to provide the claims of the foreign national. These can include 12 months of paystubs as evidence of one year continuous employment prior to transfer, reference letters, job descriptions that outline level of training required, degrees or certifications obtained in the field, company specific training obtained and/or certificates demonstrating specialized knowledge gained. |
Should you have any questions regarding what this means to the temporary foreign workers you
employ, please do not hesitate to contact our office.
www.zemplaw.com immigration@zemplaw.com
600, 805 – 8 Avenue SW, Calgary AB, T2P 1H7
TEL. 403.246.2692 | FAX 403.770.8786