IRCC releases program updates for Intra-Company Transferees. These changes were released on October 3, 2024. 

IRCC made significant changes to staff guidance for section R205(a) of Canadian Interest – Significant Benefit – Intra-company transferees. 

In alignment with the changes made to R205(a), IRCC has also updated staff documentation for paragraphs R186(s) and R204(a) for the following free trade agreements, all associated with the International Mobility Program: 

  • Canada–United States–Mexico Agreement
  • Canada–Korea Free Trade Agreement
  • Canada–Peru Free Trade Agreement
  • Canada–Colombia Free Trade Agreement
  • Canada–Chile Free Trade Agreement
  • Canada–European Union: Comprehensive Economic and Trade Agreement
  • Canada–United Kingdom Trade Continuity Agreement
  • Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Canadian Interests – Significant Benefit – Intra-Company Transferees R205(a)

Major updates to this include: 

  • Clarification that ICTs must be transferred from a foreign enterprise of a multinational corporation (MNC) and providing staff guidance on how to assess whether the enterprise is considered an MNC
  • Clarification on the definition of ‘specialized knowledge’, and whether a position requires specialized knowledge
  • Clarification on the eligibility criteria for foreign nationals for the ICT 
  • Consolidating the instructions for ICTs under R205(a) into a single page

The guidance also reinforced that ICT should not be used to transfer an enterprise’s general workforce to affiliated entities in Canada. 

The update also stressed the significance of officers including all evidence for ICT applications within the Global Case Management System (GCMS). 

Free Trade Agreement Related To The International Mobility Program – Paragraphs R186(a) and R204(a)

IRCC releases program updates for Intra-Company Transferees. The immigration department has updated instructions related to these free trade agreements by standardizing the format in the following ways: 

  • Integrating all guidance on assessing ICTs to the ICT instructions for each FTA
  • Formatting instructions as individual pages for each temporary work provision 
  • Including an overview page 

On the same day, IRCC also updated guidelines for entering information in the GCMS for representatives. 

What Is the International Mobility Program? 

Under the International Mobility Program, employers can use Intra-Company Transfers to obtain work permits for foreign nationals without needing to undertake a Labor Market Impact Assessment (LMIA). 

LMIAs are administered to ensure that hiring foreign workers has a neutral or positive impact on the Canadian labor market. Employers must spend more time and effort obtaining LMIA-based work permits. 

Changes Part Of IRCC’s Ongoing Reforms

IRCC releases program updates for Intra-Company Transferees. These program updates align with IRCC’s broader agenda for scaling back temporary resident programs. 

Immigration Minister Marc Miller intends to lower the proportion of temporary residents in Canada’s population from 6.5% to 5% over the next three years. 

On September 18, Miller declared measures intended to reduce the number of study permits significantly, post-graduation work permits, and spousal open work permits over the next three years. 

In addition, Canada’s Temporary Foreign Worker Program, which enables LMIA-based work permits, has also come under scrutiny. As of September 26, the government has suspended processing of the TFWP’s low-wage streams for all census metropolitan areas in which the unemployment rate exceeds 6%. 

The upcoming Levels Plan, will be the first Levels Plan to include targets for temporary residents.  

The Levels Plan sets immigration targets for the upcoming year and provisional targets for the following two years. 

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490, or you can drop us an email at [email protected].