Immigration, Citizenship, and Refugees Canada (IRCC) has made updates to its guidelines for Intra-Company Transferees (ICTs). These changes, introduced on October 3, affect how staff manage applications under section R205(a) of the Canadian Interests – Significant Benefit program, specifically for ICTs.
In addition to the changes for R205(a), the IRCC has also revised staff instructions for R186(s) and R204(a). These revisions impact various free trade agreements that are part of 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) between Canada and 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 main updates in this section include:
- Clarification that ICT applicants must be transferring from a foreign company within an existing multinational corporation (MNC). Guidance is provided to help staff determine if the foreign company qualifies as an MNC.
- A clearer definition of “specialized knowledge,” including instructions on how to assess whether the applicant possesses it and whether the position requires such knowledge.
- Updated eligibility criteria for foreign nationals applying as ICTs.
- Consolidation of all instructions for ICT applications under R205(a) onto a single page.
The updated guidelines also emphasize that the ICT program should not be used to move a company’s general workforce to its Canadian branches. Officers are also reminded to include all relevant evidence for ICT applications in the Global Case Management System (GCMS).
Free Trade Agreements under the International Mobility Program (R186(a) and R204(a))
The IRCC has standardized its instructions for evaluating ICTs under different free trade agreements by:
- Incorporating all guidance for assessing ICTs into the instructions for each free trade agreement (FTA).
- Presenting instructions on separate pages for each temporary work provision.
- Adding a general overview page for these agreements.
On the same day, IRCC also made updates to the guidelines for how representatives should enter information into GCMS.
What is the International Mobility Program?
The International Mobility Program allows employers to hire foreign nationals through Intra-Company Transfers without needing a Labour Market Impact Assessment (LMIA). An LMIA is a process to ensure that hiring foreign workers has no negative impact on the Canadian labor market, but it often requires more time and effort for employers to obtain LMIA-based work permits.
Changes Aligned with IRCC’s Ongoing Reforms
These ICT updates are part of the IRCC’s broader plan to reduce the number of temporary residents in Canada. Immigration Minister Marc Miller has set a goal to decrease the share of temporary residents from 6.5% to 5% over the next three years.
On September 18, Miller announced plans to significantly cut the number of study permits, post-graduation work permits (PGWPs), and spousal open work permits within the same time frame.
Canada’s Temporary Foreign Worker Program (TFWP), which involves LMIA-based work permits, is also facing scrutiny. As of September 26, the government has paused processing the low-wage stream of the TFWP in any metropolitan areas where unemployment is over 6%.
Looking ahead, the upcoming Immigration Levels Plan, scheduled for release on November 1, will be the first plan to include specific targets for temporary residents. This plan sets immigration goals for the coming year, along with provisional targets for the two years after.