IRCC announces updates to the Intra-Company Transferees Program as of October 3, 2024. Section R205(a) of the Canadian Interests – Significant Benefit category, which controls employee transfers inside multinational corporations, is the subject of major modifications. This improvement is in accordance with the IRCC’s continuous efforts to expedite intra-company transfer procedures in an effort to make it easier for qualified foreign workers to support the Canadian economy.
The IRCC has updated staff instructions for the International Mobility Program’s paragraphs R186(s) and R204(a) in accordance with the most recent revisions to R205(a). These modifications impact a number of significant free trade agreements, such as:
- Canada–Colombia Free Trade Agreement
- Canada–United Kingdom Trade Continuity Agreement (TCA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
- Canada–European Union: Comprehensive Economic and Trade Agreement (CETA)
- Canada–United States–Mexico Agreement (CUSMA)
- Canada–Chile Free Trade Agreement
- Canada–Korea Free Trade Agreement
- Canada–Peru Free Trade Agreement
Intra-Company Transferees and Canadian Interests: Significant Benefit under R205(a)
Key updates to this section include:
- Clarify that Intra-Company Transferees (ICTs) must be employees transferred from a foreign branch of an established multinational corporation (MNC), with guidelines on determining if the business qualifies as an MNC.
- Refine the definition of “specialized knowledge,” including criteria to assess whether an applicant possesses this expertise and whether the position genuinely requires it.
- Provide clearer eligibility requirements for foreign nationals applying under the ICT program.
- Consolidate all instructions for ICTs under R205(a) into a single, unified page.
Furthermore, The guidelines reaffirm that organizations should not transfer their general workforce via ICT to affiliated firms located in Canada.
The update also stressed how important it is for officers to fill in the Global Case Management System (GCMS) with all pertinent evidence while using ICT apps.
Paragraphs R186(a) and R204(a) detail the free trade agreements relevant to the International Mobility Program
In order to standardize the format, the IRCC updated its guidelines for these free trade agreements (FTAs) in the following ways:
- Consolidating all guidance on evaluating ICTs within the ICT instructions for each FTA.
- Organizing instructions into separate pages for each temporary work provision.
- Adding an overview page.
On the same day, IRCC also refreshed the guidelines for representatives on entering information in GCMS.
Understanding the International Mobility Program
Employers may choose to assist Intra-Company Transfers under the International Mobility Program, which enables them to get work permits for foreign nationals without requiring a Labor Market Impact Assessment.
In order to ensure that hiring a foreign worker does not adversely affect local employment possibilities, LMIAs are required to assess the impact of recruiting a foreign worker on the Canadian job market. Furthermore, the process of acquiring an LMIA is frequently time-consuming and demands significant effort from employers, as they must demonstrate that hiring a foreign person would not replace Canadian workers or adversely affect wage rates. Moreover, employers can minimize administrative hassles and expedite the work permit application process by streamlining their hiring procedures for employees moving from overseas operations by using the Intra-Company Transfer method.
IRCC’s Ongoing Reforms – Key Changes Impacting Immigration Processes
The IRCC’s larger effort to lower the number of temporary residents in Canada includes these revisions about intra-company transfers, or ICTs. Over the next three years, Immigration Minister Marc Miller wants to see a drop in the proportion of temporary residents in Canada, from 6.5% to 5%.
Furthermore, Miller revealed plans on September 18 to drastically reduce the number of study permits, spousal open work permits, and post-graduation work permits issued over the course of this three-year term.
There has also been heightened monitoring of the Temporary Foreign Worker Program, which offers work permits based on LMIAs. In all census metropolitan regions where the unemployment rate is more than 6%, effective of September 26, the government has stopped processing applications under the low-wage stream of the TFWP.
Moreover, November 1st will see the introduction of the Levels Plan, which will include targets for temporary inhabitants for the first time. Also, immigration targets for the next year are outlined in this plan, along with provisional targets for the next two years.