Immigration, Citizenship, and Refugees Canada (IRCC) has recently refreshed its guidelines for Intra-Company Transferees (ICTs). These revisions, rolled out on October 3, affect how IRCC staff handle applications under section R205(a) of the Canadian Interests – Significant Benefit program, focusing on ICTs.
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Besides updates to R205(a), IRCC has also modified staff instructions for R186(s) and R204(a). These changes influence various free trade agreements under the International Mobility Program, including:
- The Canada–United States–Mexico Agreement (CUSMA),
- The Canada–Korea Free Trade Agreement,
- The Canada–Peru Free Trade Agreement,
- The Canada–Colombia Free Trade Agreement,
- The Canada–Chile Free Trade Agreement,
- The Comprehensive Economic and Trade Agreement (CETA) with the European Union,
- The Canada–United Kingdom Trade Continuity Agreement,
- The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).
Key Updates for Intra-Company Transferees (R205(a))
The significant changes to the ICT program are as follows:
- Clearer rules stating that ICT applicants must be transferring from a foreign office of an existing multinational corporation (MNC). Guidance is provided for staff to verify if the foreign office qualifies as an MNC.
- A more detailed definition of “specialized knowledge,” with instructions on how to assess whether the applicant has the required knowledge and if the position itself needs specialized knowledge.
- Updated eligibility criteria for foreign nationals applying as ICTs.
- All ICT instructions under R205(a) are now grouped together on a single page.
The guidelines also stress that the ICT program should not be used to move a company's general workforce to its Canadian offices. Additionally, officers are reminded to record all relevant evidence for ICT applications in the Global Case Management System (GCMS).
Free Trade Agreements under the International Mobility Program (R186(s) and R204(a))
IRCC has streamlined the instructions for evaluating ICTs under different free trade agreements by:
- Combining all ICT assessment guidance into relevant instructions for each free trade agreement (FTA).
- Creating separate pages for each temporary work provision.
- Adding an overview page summarizing these agreements.
On the same day, IRCC updated guidelines for how representatives should input data into the GCMS.
What is the International Mobility Program?
The International Mobility Program enables employers to secure work permits for foreign nationals through Intra-Company Transfers without needing a Labour Market Impact Assessment (LMIA). An LMIA is typically required to confirm that hiring foreign workers will not harm the Canadian labor market, but obtaining an LMIA-based permit often requires more time and effort compared to non-LMIA permits.
Alignment with IRCC’s Broader Reforms
These ICT program updates are part of the IRCC’s broader agenda to scale down the number of temporary residents in Canada. Immigration Minister Marc Miller aims to reduce the proportion of temporary residents from 6.5% to 5% over the next three years.
On September 18, Minister Miller announced plans to significantly cut the number of study permits, post-graduation work permits (PGWPs), and spousal open work permits within the same timeframe.
Canada’s Temporary Foreign Worker Program (TFWP), which includes LMIA-based work permits, is also under review. As of September 26, the government has suspended processing the low-wage stream of the TFWP in metropolitan areas where the unemployment rate exceeds 6%.
Looking ahead, the upcoming Immigration Levels Plan, set to be released on November 1, will be the first to include specific targets for temporary residents. This plan will set immigration goals for the next year, with provisional targets for the following two years.
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