Intra-Company Transfers
Another option for business owners who want to remain in their home country and are simply looking to expand their business into Canada or immigrate to Canada themselves is the Intra-Company Transfer (ICT) Program. As part of the International Mobility Program, the ICT immigration pathway enables some foreign business owners to relocate their operations to Canada and get a work permit. You can receive an ICT Work Permit and, eventually, permanent residency through the ICT pathway. The spouse and children of the primary applicant will typically be granted open work and study permits, respectively. The ICT Program allows a business owner to transfer their key employees to a newly incorporated company in Canada. This program is also viable for a small business owner looking to immigrate to Canada as the company's key employee. This makes the ICT program a good fit for any business owner eyeing expansion into the Canadian market.
Work permits obtained via this program are not subject to the demand for a Labour Market Impact Assessment (LMIA) but are subject to other restrictions. Specifically, the work in Canada must be under one of these three following sections:
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Executive – primarily responsible for directing the management
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Senior Managerial – topmost levels of management in an organization
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Specialized Knowledge – an employee that demonstrates distinguishing knowledge.
Who Can Apply for the ICT Program?
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Business owners, entrepreneurs, and shareholders of successful companies currently employed by that organization in executive positions and intend to carry out similar work in Canada
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Senior managers and functional managers who are employed by a foreign company now want to take a similar job in Canada
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Key employees of a business with unique or exceptional highly specialist expertise.
An organization may request an ICT Work Permit if the following conditions are met:
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Both businesses here and abroad are related by a parent, subsidiary, branch, or affiliate relationship.
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The two companies are conducting business. This indicates that they continuously offer products and services. It is not sufficient for a corporation to have a physical presence in Canada. It must also be operating there.
Buzaker Law Firm has extensive experience handling corporate/commercial law matters and immigration cases in Canada. Thus, this experience allows us to apply the knowledge while assisting clients in coming to Canada through the Business Immigration programs. We provide a high level of service tailored to our client’s business needs. At the same time, we assist clients with opening a new Canadian company. We promptly and correctly incorporate the new Canadian company according to the ICT program requirements. After that, we collaborate with our client to obtain all the required documents for the Immigration application submission. Once the immigration application is approved, we will continue to support our clients and provide a broad spectrum of legal services in Canada.
Contact our legal team via email at info@vblegal.ca or telephone at (905) 370-0484 to receive the necessary help.
Temporary Resident Permits (TRP)
Typically, a temporary resident permit is given for the period of time you will be in Canada, such as a week to attend a conference. You must obtain a new permit before your existing one expires or leave Canada by the permit’s expiration date.
Individuals who do not meet the requirements of the Immigration and Refugee Protection Act, 2001 (the IRPA) or who are inadmissible under the IRPA or who lost status in Canada, in some cases, can be given a special permit to stay or enter Canada if it is justified. If you are otherwise inadmissible but have a valid cause for visiting Canada, you can be granted a temporary resident permit. Your need to enter or remain in Canada must exceed the dangers to Canadian society’s health or safety, as decided by an immigration or border services officer, to qualify for a temporary residence permit. You must provide evidence that your visit is necessary, even if the reason you are inadmissible seems small. For example, this permit can be given based on Canada's social, humanitarian, and economic commitments. An officer has the authority to revoke this permit at any time. Once you leave Canada, the permit is no longer valid unless you have been expressly permitted to leave and come back.
If this program applies to you and you need professional legal advice, don’t hesitate to contact our legal team. Call us now at (905) 370-0484 or complete the “Contact Us” form, and our legal team will contact you.