IRCC Announces Updates for Intra-Company Transferee Program

 

On October 3, 2024, Immigration, Refugees and Citizenship Canada (IRCC) revealed a fresh set of updates concerning policies for Intra-Company Transferees (ICTs). The announcement highlighted that acquiring work permits for employees via the International Mobility Program is set to become a more stringent process for employers. The new regulations introduced by the IRCC necessitate that the businesses involved must be bona fide multinational corporations (MNCs), and the staff being transferred are expected to possess specialized knowledge critical to their role in the Canadian enterprise.

The International Mobility Program is a pathway that allows companies to gain work permits for international personnel without the need for a Labour Market Impact Assessment (LMIA). Typically, obtaining a work permit supported by an LMIA demands significant effort because it’s used to verify that employing a foreign worker won’t adversely affect the Canadian job market.

The revisions lay out a definitional expansion of what comprises ‘specialized knowledge’ and establish a framework for examining if a candidate possesses such knowledge. It also confirms whether the job in question requires that level of expertise. Additionally, the new guidelines provide an updated set of qualifications that foreign nationals must meet to be eligible for ICT and integrate all instructions for ICTs across various pages for easier navigation. The guidance reiterates that ICT should not be utilized merely for relocating a company’s workforce to affiliated entities in Canada, and it emphasizes the necessity for all evidence regarding ICT applications to be systematically included within the Global Case Management System (GCMS).

IRCC’s revisions also encompass guidelines concerning a range of free trade agreements linked to the International Mobility Program, including the Canada–United States–Mexico Agreement and several others. These guidelines for Intra-Company Transferees have been adjusted to include a standardized format by integrating ICT instructions and restructuring these as specific pages per temporary work provision coupled with an overview page.

Building on their ongoing reform strategy, IRCC’s updates to the ICT align with their larger agenda to reduce the ratio of temporary residents in the nation. Immigration Minister Marc Miller has expressed an objective to lower temporary residents to 5% of the population over the next three years from 6.5%. In line with this, significant decreases in the issuance of study permits, post-graduation work permits, and spousal open work permits are proposed. Similarly, the government has ceased processing applications for the low-wage stream of the Temporary Foreign Worker Program in areas with high unemployment rates.

As we anticipate the release of the first Levels Plan incorporating temporary resident targets on November 1, it is clear that the immigration landscape is shifting towards a more targeted and scrutinized approach, favouring stable employment and a balanced labor market.

The IRCC’s latest updates are a call-to-action for businesses for Intra-Company Transferee to ensure compliance with the new, more rigorous requirements. For those seeking to move employees to Canada under ICT provisions, it’s now essential to conform to the multinational corporation criteria and ensure employees carry specialized knowledge pertinent to their roles. Both companies and their foreign workforce must stay informed about these significant policy changes, reflecting Canada’s shifting focus towards a more sustainable balance of its temporary and permanent resident populations.

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