Immigration, Refugees and Citizenship Canada (IRCC) has issued new updates on its guidance for Intra-Company Transferees (ICTs), effective October 3.
The updates focus on key changes to staff instructions for section R205(a) under the Canadian Interests – Significant Benefit category for Intra-Company Transferees.
In addition to the R205(a) changes, IRCC has revised guidelines for paragraphs R186(s) and R204(a) for several free trade agreements (FTAs), all falling under the International Mobility Program. These agreements include:
- Canada–United States–Mexico Agreement (CUSMA);
- Canada–Korea Free Trade Agreement;
- Canada–Peru Free Trade Agreement;
- Canada–Colombia Free Trade Agreement;
- Canada–Chile Free Trade Agreement;
- Comprehensive Economic and Trade Agreement (CETA) with the European Union;
- Canada–United Kingdom Trade Continuity Agreement; and
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
Significant Updates for Intra-Company Transferees (R205(a))
Key revisions to this section include:
- A clear definition that ICTs must involve the transfer of personnel from a foreign entity that is part of an established multinational corporation (MNC), along with guidance on how to determine if an entity qualifies as an MNC;
- Further explanation of what constitutes “specialized knowledge” and how to evaluate whether an applicant meets this standard or if a position requires it;
- Detailed criteria for determining ICT eligibility for foreign nationals; and
- The consolidation of ICT instructions under R205(a) into a single, streamlined page.
Additionally, the guidance reinforces that the ICT pathway should not be used for transferring general workforce personnel to affiliated companies in Canada.
The updates emphasize that officers must document all relevant evidence for ICT applications in the Global Case Management System (GCMS).
Updates to Free Trade Agreements in the International Mobility Program (R186(s) and R204(a))
Revised instructions for free trade agreements under the International Mobility Program include:
- The integration of all ICT-related guidance into specific instructions for each FTA;
- Standardization of guidance, with each work provision presented on separate pages; and
- The inclusion of an overarching summary page.
Additionally, IRCC has updated the instructions for inputting information into GCMS for representatives.
About the International Mobility Program
The International Mobility Program enables employers to secure work permits for foreign workers through Intra-Company Transfers without requiring a Labour Market Impact Assessment (LMIA). LMIAs are designed to ensure that hiring foreign workers does not negatively impact the Canadian labour market, typically involving more time and effort for employers.
Part of Broader IRCC Reforms
These ICT program updates are part of IRCC’s broader efforts to reform temporary resident programs.
Immigration Minister Marc Miller aims to reduce the share of temporary residents in Canada’s overall population from 6.5% to 5% within the next three years.
On September 18, Minister Miller introduced new measures aimed at reducing the number of study permits, post-graduation work permits (PGWPs), and spousal open work permits over the same period.
The Temporary Foreign Worker Program (TFWP), which requires LMIA-based work permits, has also faced scrutiny. As of September 26, the government has suspended the processing of low-wage stream TFWP applications in areas where the unemployment rate exceeds 6%.
The upcoming Immigration Levels Plan, scheduled for release on November 1, will be the first to include targets for temporary residents, outlining immigration goals for the coming year and provisional objectives for the following two years.