Small Business Visa for Transferring Employees to Canada

Canada is an attractive destination for international companies looking to grow and access new markets. To facilitate this, the Canadian government offers the Intra-Company Transfer (ICT) visa, allowing companies to bring key employees from their foreign branches to Canada. This visa not only helps companies improve their operations but also plays a critical role in the overall economic growth of Canada.

What is the Small Business ( Intra-Company Transfer ) Visa?

The Canada small business visa ( Intra-Company Transfer ICT) visa is a special type of work permit that allows employees of multinational companies to transfer to the company’s Canadian office. It is LMIA-exempt, meaning that companies do not need to undergo the Labor Market Impact Assessment process, which is typically required to hire foreign workers. The ICT visa is designed for executives, senior managers, and employees with specialized knowledge, ensuring that they can contribute effectively to the company’s Canadian operations.

Importance of Intra-Company Transfers for Businesses

Intra-company transfers enable businesses to bring their best talent to Canada without having to undergo the lengthy and complex LMIA process. This allows companies to improve their Canadian operations and expand into the market rapidly. ICTs also enhance knowledge transfer, allowing Canadian businesses to benefit from their foreign employees' global expertise and skills.

Benefits of Intra-Company Transfers for Canada

For Canada, the ICT program helps boost the local economy by bringing in skilled professionals who can contribute to business growth, increase exports, and improve management practices. The program also enhances Canada’s competitiveness on the global stage, making the country a more attractive place for international business investments.

General Requirements for Intra-Company Transfer Visa Applicants

To be eligible for the ICT visa, both the employee and the company must meet specific criteria:

Eligibility of the Employee

• 1) The employee must be currently employed by a foreign company that has a qualifying relationship with a Canadian branch, subsidiary, or affiliate.
• 2) They must have been employed full-time in a similar position outside Canada for at least one year within the three-year period before applying.
• 3) The transfer must be temporary, and the employee must intend to return to their original position once the assignment in Canada is complete.

Types of Positions Eligible for Transfer

• 1) Executive Positions: Employees in high-level roles who make major decisions for the company.
• 2) Senior Managerial Positions: Employees who manage a significant portion of the company’s business.
• 3) Specialized Knowledge Positions: Employees with unique skills or expertise that is crucial for the company's operations.

6. Company Requirements for Intra-Company Transfers

Physical Premises

In most cases, the Canadian company must have a physical location to house its operations. However, if the transfer involves an executive or senior manager, the business may use a temporary address, such as a legal counsel’s office, until a permanent location is established.

Business Viability and Financial Capacity

The company must demonstrate its financial ability to operate in Canada and compensate employees. Additionally, the business must have realistic plans to staff its operations and grow in the Canadian market.

Role of Senior Managers and Executives

When transferring senior managers or executives, the company must show that the business will be large enough to support these high-level roles.

Understanding Specialized Knowledge in Intra-Company Transfers

Specialized knowledge refers to unique expertise that is not commonly available in the Canadian labor market. Employees who qualify under this category bring specific technical knowledge, business processes, or industry insights that are vital to the company’s success in Canada.

How the ICT Visa Differs from the Canada Small Business Visa

The Canada Small Business Visa allow businesses to operate in Canada, the ICT visa is specific to the transfer of employees within the same company. In contrast, the Small Business Visa is designed to encourage entrepreneurs to establish new businesses in Canada, potentially leading to permanent residency.

Required Documentation for the Intra-Company Transfer Visa

Applying for an ICT visa requires comprehensive documentation, including:

• 1) Proof of current employment with the foreign company.
• 2) A job description and organizational structure.
• 3) Confirmation of the relationship between the Canadian and foreign businesses.
• 4) Details about the position in Canada, including the role and responsibilities.

Processing Time for Intra-Company Transfer Visa

The processing time for the ICT visa can range from 2 to 10 weeks, depending on the applicant’s country of origin. Visa-exempt countries may be eligible for a faster, 2-week processing option, though this does not include biometrics processing.

Legal and Professional Fees for ICT Visa Applications

The legal and professional fees for an ICT visa can be significant, often costing upwards of USD 45,000. These fees include legal counsel, document preparation, and representation throughout the application process.

Common Reasons for ICT Visa Refusals

Although the ICT visa is a popular and efficient way to transfer employees to Canada, there is a small chance of refusal. The most common reasons for denial include doubts about the viability of the Canadian business or concerns about the financial capacity of the foreign company to support operations in Canada.

Can Family Members Accompany the Transferee?

Yes, spouses and children of ICT visa holders can join them in Canada. Spouses may apply for an open work permit, and children can attend public schools for free. The family will also have access to Canada’s premium-free healthcare services.

Transitioning from Temporary to Permanent Residency in Canada

While the ICT visa is intended for temporary stays, many transferees consider applying for permanent residency (PR) after working in Canada. After one year, ICT visa holders may be eligible to apply for PR through various immigration programs, such as the Express Entry system.

Conclusion

The Intra Company Transfer visa is a valuable tool for businesses looking to expand their global footprint by bringing key employees to Canada. It provides companies with a streamlined way to transfer talent while avoiding the complex LMIA process. By meeting the eligibility requirements and providing the necessary documentation, both the business and the employee can benefit from this unique opportunity to grow in the Canadian market.