International Mobility Program: General Agreement on Trade in Services (GATS)
The General Agreement on Trade in Services (GATS) helps certain business people enter Canada without needing a Labour Market Impact Assessment (LMIA), similar to the old NAFTA rules. Canada has agreed to make it easier for three types of business people to enter: business visitors, intra-company transferees, and professionals.
Business visitors and intra-company transferees can enter Canada under the same general immigration rules.
Professionals coming under GATS have specific rules. They can get work permits if they meet certain criteria, including having the right education and professional qualifications recognized by Canadian professional organizations.
Intra-company Transferees (ICT) – International Mobility Program
The International Mobility Program (IMP) allows certain highly skilled workers, managers, and executives to come to Canada for specific business needs. This program is not meant for transferring an entire workforce but is for the movement of specialized staff to help establish businesses in Canada temporarily.Important: Immigration officers must ensure all evidence used to decide the application is properly documented in the Global Case Management System (GCMS) or at least listed in the application to support their decision.There are two key sections of the Immigration and Refugee Protection Regulations (IRPR) that describe the transfer of a foreign worker from a foreign company to a Canadian one with a qualifying relationship, both falling under the International Mobility Program (IMP):
R204(a): This applies when Canada has a free trade agreement that includes intra-company transfers. More details on this can be found under “International Mobility Program: International Free Trade Agreements.”
R205(a): This applies to any foreign national, regardless of citizenship, whose transfer will provide significant social, cultural, or economic benefits to Canadian citizens or permanent residents.
The administrative codes C61, C62, and C63 cover the work of certain foreign nationals transferring to Canada to improve management, expand exports, and increase competitiveness in overseas markets.Canada’s commitments under the General Agreement on Trade in Services (GATS) for ICTs are covered under codes C62 and C63.Officers must confirm that the foreign worker applying for an ICT meets all the necessary requirements outlined in R200 and R205(a) before proceeding.
Eligibility for Intra-Company Transfer (ICT) under R205(a)
To be eligible as an ICT, all applicants must meet the following requirements:
Employment: You must currently work in an executive, managerial, or specialized knowledge role at a multinational corporation (MNC) outside Canada.
Business Connection to Canada: The company you work for must be doing business in Canada, or will be, if you plan to establish a new qualifying business.
Employment History: You must have worked at the MNC for at least 1 year in the past 3 years in a similar role outside Canada.
Temporary Transfer: You must be transferring temporarily to the same position at the Canadian branch or affiliate, and your position at the foreign company must remain available for you to return to once your assignment in Canada ends.
Qualifying Relationship: The Canadian enterprise must be a parent, subsidiary, branch, or affiliate of the foreign company and must be actively conducting business in the relevant industry.
Compliance with Immigration Requirements: You must meet all Canadian immigration rules for temporary residence.
Significant Benefits: Your work must create significant economic, social, or cultural benefits or opportunities for Canadian citizens or permanent residents during your stay.
Important Note: If you’re transferring from a company that is not an MNC, you are not eligible under the ICT category. You may qualify under the Business Owner – Temporary Purpose (C11) category instead.
Documentary Evidence for ICT Work Permit Application
When applying for a work permit under the ICT category, the following evidence is required:
Business Relationship: Proof that the foreign enterprise (MNC) has a qualifying relationship with the Canadian enterprise (parent, subsidiary, affiliate, etc.) and Evidence that the Canadian enterprise is actively and continuously providing goods or services in Canada.
New Enterprise (if applicable): If establishing a new enterprise in Canada, provide a timeline and evidence of when it will start operating.
Offer of Employment: The offer must clearly describe the role, required skills, the relationship between the foreign and Canadian enterprises, and the position offered in Canada.
Employment Proof: Evidence of current employment at the foreign MNC in an executive, managerial, or specialized knowledge role (including job title, description, and place in the organization).
Specialized Knowledge: Proof that the employee has specialized knowledge and that the Canadian position requires it.
Letter of Introduction: A letter from the foreign enterprise describing the foreign worker’s current position and the specific skills needed for the role in Canada.
Continuous Employment: Proof that the foreign national has worked full-time for at least 1 year within the last 3 years at the MNC.
Qualifications: Proof of the foreign national’s education and experience to perform the Canadian role, such as reference letters, job descriptions, certifications, degrees, and work experience details.
Benefits to Canada: Evidence that the foreign worker’s role will create or maintain significant cultural, social, or economic benefits for Canada.
Temporary Stay: Proof that the foreign national intends to stay temporarily and will leave Canada after the assignment.
For New Business Establishment: Additional documentation showing how the foreign national meets the ICT criteria for establishing a new qualifying enterprise.
Application Assessment for ICT Work Permits
When reviewing the ICT work permit application, officers need to ensure that the criteria for the application are met. Here’s what they will check:
Offer of Employment: Officers will look at the offer of employment in the system (GCMS) or the IMM 5802 form, if used.
LMIA Exemption Code:
There are different codes based on the role:
C61 – ICT for a start-up business
C62 – ICT for executives or managers
C63 – ICT for specialized knowledge
Ensure the correct code is used based on the job.
Requirements Exemptions Met:
Officers will check the relationship between the foreign enterprise and the Canadian one, ensuring the applicant qualifies.
NOC and Job Title:
The job code and title must match the right skill category (TEER).
C61 – executives/managers or specialized knowledge
C62 – executives (TEER 0) or managers (TEER 1)
C63 – specialized knowledge, ideally in a high TEER (TEER 0, 1, 2)
Duration of Stay:
C61: Up to 1 year for a start-up business, no extension allowed.
C62: Executives/managers can stay up to 3 years initially, with 2-year extensions (max 7 years).
C63: Specialized knowledge workers can stay up to 3 years initially, with 2-year extensions (max 5 years).
The total stay for ICT workers is limited (7 years max for executives/managers and 5 years for specialized knowledge).
Wages:
Officers will check if the offered wages are fair and align with the prevailing wage for the occupation in the work location. The employee should not be paid less than the average wage for the job in that area.
If the wages are not in Canadian dollars (CAD), they still must meet the Canadian prevailing wage level.
Extra benefits, like housing or travel allowances, cannot be counted as part of wages.
Duties and Job Requirements:
The duties the foreign national will perform must match the role in the offer and the NOC job description.
Officers will ensure the job requires the qualifications the employer stated, such as education level and work experience.
Specialized Knowledge Training: Specialized knowledge workers must prove they have the necessary training and expertise for the role, particularly proprietary knowledge or advanced skills.
Alternate Compensation: If the employer provides extra benefits (other than wages), these must be noted but cannot be included in wage calculations.
Current and Continuous Employment Requirement for ICT Work Permits
To qualify for an Intra-Company Transfer (ICT) work permit, the foreign national must prove that:
Current Employment: They were employed in an executive, managerial, or specialized knowledge role at the time of their application.
Continuous Employment: They must show that they have been employed in a similar, full-time position for at least 1 full year out of the last 3 years before applying. This can be from a multinational enterprise (MNC) that is transferring them to Canada.
Full-time means the work was done continuously, not part-time. Part-time work cannot be counted as equivalent to full-time work to meet the 1-year requirement.
Position Availability: They must demonstrate that their position at the foreign enterprise will remain available to them while they work in Canada, meaning they can return to their original position once their assignment in Canada is complete.
Employment Type: The employment can either be via payroll or through a direct contract with the foreign enterprise. However, they should be working only for the qualifying foreign enterprise.
Note: If the foreign national is applying for a new ICT work permit in a different ICT category (e.g., from managerial to specialized knowledge), they must prove that:
Their current role in the foreign enterprise is similar to the new role in Canada.
They have at least 1 year of full-time experience in a similar position with the foreign enterprise within the last 3 years.
