ICT to Canada: How Executives, Managers, and Specialized Workers Can Work Without an LMIA
Foreign companies looking to expand into Canada—or transfer key employees to their Canadian operations—can benefit from the Intra-Company Transfer (ICT) program. This LMIA-exempt work permit pathway allows qualified employees of multinational companies to relocate to Canada without the need for a Labour Market Impact Assessment (LMIA), which is typically required to show that no Canadian is available to do the job.
The ICT work permit falls under exemption code C12, pursuant to section 205(a) of the Immigration and Refugee Protection Regulations (IRPR). This provision is designed to facilitate the entry of foreign nationals whose employment in Canada will create significant economic benefit by strengthening cross-border business links.
Who Is Eligible?
To qualify for an ICT work permit, both the company and the employee must meet specific criteria.
Employee eligibility:
- Must have been employed by the foreign company for at least one year in the preceding three years
- Must be transferring to a Canadian parent, subsidiary, branch, or affiliate
- Must be coming to Canada to work in a legitimate executive, senior managerial, or specialized knowledge role
Employer eligibility:
- The Canadian entity must have a qualifying relationship with the foreign company (e.g. parent, branch, subsidiary, or affiliate – all of these are defined by the regulations)
- The Canadian operation must be actively doing business or, if it is a newly established start-up, it must have realistic plans to start operations quickly
- The transfer must be temporary, although extensions are possible
Understanding the Roles
Executives are those who direct the management of the organization or a major component or function. They typically operate with little supervision from higher-level employees.
Senior managers manage a department, subdivision, or component of the organization, and supervise other managers or professional staff.
Specialized knowledge workers possess knowledge that is unique and not easily transferrable to another person. This might include proprietary expertise or advanced technical skills critical to the Canadian entity. There are important requirements for this category.
Initial Duration and Extensions
- The initial work permit is typically granted for up to one year for start-ups, and up to three years for established Canadian operations
- Extensions may be granted, usually up to a maximum of five years for specialized knowledge workers and seven years for executives and managers
After reaching the maximum duration, the worker must leave Canada and work abroad for at least one year before reapplying under the same category.
Compliance and Employer Obligations
Employers must maintain compliance with IRCC rules, including record-keeping, wage standards, and job duties as submitted in the job offer. Employers may be subject to audits and penalties if they fail to comply.
Pathway to Permanent Residence
Many ICT workers eventually pursue permanent residence through Express Entry under the Canadian Experience Class or a Provincial Nominee Program, especially if they gain one year of skilled work experience in Canada.
Why Choose the ICT Program?
- No LMIA is required, reducing wait times and red tape
- Enables multinational companies to efficiently allocate key personnel
- Supports Canadian business expansion and knowledge transfer
- Offers a strategic route to Canadian permanent residence
If you are a company looking to transfer employees to Canada—or a foreign worker considering your options—Elliott Immigration Corporation can guide you through the process. We provide strategic advice, manage applications, and help ensure compliance every step of the way.
Elliott Immigration Corporation is Here to Help You
