IRCC announces updates to the Intra-Company Transferees program

Immigration, Refugees and Citizenship Canada (IRCC) has revised its staff guidelines concerning Intra-Company Transferees (ICTs), with the updates issued on October 3.

The most notable changes affect the guidance for section R205(a) under Canadian Interests – Significant Benefit – Intra-company transferees. Additionally, IRCC has updated staff procedures for paragraphs R186(s) and R204(a), impacting several free trade agreements within the International Mobility Program, 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

Intra-Company Transferees under R205(a) – Significant Benefit to Canadian Interests

Key updates to this section include:

• Clearer requirements that Intra-Company Transferees (ICTs) must be employees transferring from a foreign branch of an established multinational corporation (MNC), along with staff guidance on evaluating whether the enterprise qualifies as an MNC.
• Revised definitions of “specialized knowledge” and instructions on how to determine if an applicant possesses this expertise or if the role requires it.
• Clarified eligibility criteria for foreign nationals applying as ICTs.
• A streamlined set of instructions for ICTs under R205(a), now consolidated into one page.
• Emphasized that the ICT pathway should not be used to relocate an enterprise’s general workforce to its Canadian affiliates.

The update also highlighted the need for officers to document all relevant evidence for ICT applications within the Global Case Management System (GCMS).

Free Trade Agreements under the International Mobility Program – Paragraphs R186(a) and R204(a)

IRCC has revised the instructions for these Free Trade Agreements (FTAs) by standardizing the format as follows:

• Consolidating all guidance on evaluating Intra-Company Transferees (ICTs) within the specific ICT instructions for each FTA.
• Presenting instructions as separate pages for each temporary work provision.
• Adding an overview page for easier navigation.

Additionally, on the same day, IRCC updated the guidelines for entering information related to representatives in the Global Case Management System (GCMS).

What is the International Mobility Program?

The International Mobility Program allows employers to facilitate work permits for foreign nationals through Intra-Company Transfers, without the need for a Labour Market Impact Assessment (LMIA).

LMIAs are used to verify that hiring a foreign worker will have either a neutral or positive effect on the Canadian labor market, requiring employers to invest more time and effort when obtaining LMIA-based work permits.

Part of IRCC’s continuing reforms

These updates to the Intra-Company Transfer (ICT) program are in line with IRCC’s broader initiative to reduce the number of temporary resident programs.

Immigration Minister Marc Miller aims to decrease the percentage of temporary residents in Canada’s population from 6.5% to 5% within the next three years.

On September 18, Miller announced plans to significantly cut the number of study permits, post-graduation work permits (PGWPs), and spousal open work permits during this period.

The Temporary Foreign Worker Program (TFWP), which facilitates LMIA-based work permits, is also under review. As of September 26, the government has halted processing for the low-wage stream of the TFWP in all census metropolitan areas with an unemployment rate exceeding 6%.

The forthcoming Levels Plan, set to be released on November 1, will be the first to establish targets for temporary residents.

This Levels Plan outlines immigration targets for the upcoming year and provides provisional targets for the subsequent two years.