Intra-Company Transferees and Start-Ups

8th Jan 2016 Comments Off on Intra-Company Transferees and Start-Ups

Last updated on September 16th, 2020

Immigration Refugees and Citizenship Canada’s (“IRCC“) International Mobility Program provides that a foreign worker may be issued a work permit without the employer needing a Labour Market Impact Assessment if the employee meets the requirements of the Intra-Company Transferees (“ICT“) program.

Although some free trade agreements contain specific requirements, the general ICT rules applicable to citizens of all countries are that ICTs must:

  • be currently employed by a multi-national company and be seeking entry to work in a parent, a subsidiary, a branch, or an affiliate of that enterprise;
  • be transferring to an enterprise that has a qualifying relationship with the enterprise in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18–24 months can be used as a reasonable minimum guideline);
  • be being transferred to a position in an executive, senior managerial, or specialized knowledge capacity;
  • have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer them outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application; and
  • be coming to Canada for a temporary period only.

Applicants who have not had full-time work experience with the foreign company may still be approved based on an assessment of several factors, including the number of years of work experience with the foreign company, the similarity of the positions, the extent of any part-time positions with the foreign company, and, most importantly, whether there appears to be an abuse of the ICT provisions.

Start-Ups

There are additional requirements for multi-national corporations seeking to establish operations in Canada.  

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Changes to the Start-Up Visa Program

25th Oct 2013 Comments Off on Changes to the Start-Up Visa Program

On October 25, 2013, Citizenship and Immigration Canada (“CIC”) amended the Start-Up Business Class, and announced that the changes will take affect on October 26, 2013.   The previous Ministerial Instructions respecting the program have been repealed.

The Start-Up Business Class is a federal economic immigration program, and compliments the Federal Skilled Worker Class, the Canadian Experience Class, the Provincial Nominee Class, and the Federal Skilled Trades Class.  The Start-Up Business Class will be open until March 31, 2018.

Program Requirements

A foreign national will be eligible to apply to the Start-Up Business Class if they meet all of the following requirements:

  1. The foreign national has obtained a commitment from either:
    1. a designated business incubator confirming that it is accepting the foreign national’s qualifying business into its business incubator program;
    2. a Designated Angel Investor Group of at least $75,000 in a “qualifying business” or two or more Designated Angel Investor Groups that together will be investing a total of at least $75,000 in a business; or
    3. a Designated Venture Capital Fund of at least $200,000 or two or more designated venture capital funds that together will be investing a total of at least $200,000 in the qualifying business.
  2. The foreign national has taken an English or French language test and obtained a minimum of Canadian Benchmark Level 5 in Speaking, Listening, Reading, and Writing.
  3. The foreign national has completed at least one year of post-secondary education.  Completion of a credential is not required.
  4. The foreign national has in the form of transferable and available funds, unencumbered by debt and other obligations, an amount that is equal to one half of the Statistics Canada low-income cut off.

Up to five foreign nationals can apply under the same business.  

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Introducing the Start-Up Business Class

28th Mar 2013 Comments Off on Introducing the Start-Up Business Class

On March 28, 2013, Citizenship and Immigration Canada (“CIC”) revealed the details of the Start-Up Business Class, and announced that it will begin accepting applications on April 1, 2013.  The Start-Up Business Class is a new federal economic immigration program, and joins the Federal Skilled Worker Class, the Canadian Experience Class, the Provincial Nominee Class, and the Federal Skilled Trades Class.  The Start-Up Business Class will be open until March 31, 2018.

Program Requirements

A foreign national will be eligible to apply to the Start-Up Business Class if they meet all of the following requirements:

  1. The foreign national has obtained a commitment from a Designated Angel Investor Group of at least $75,000 in a “qualifying business” or two or more Designated Angel Investor Groups that together will be investing a total of at least $75,000 in a business.  Alternatively, a foreign national will meet this first criteria if he/she obtains a commitment from a Designated Venture Capital Fund of at least $200,000 or two or more designated venture capital funds that together will be investing a total of at least $200,000 in the qualifying business.
  2. The foreign national has taken an English or French language test and obtained a minimum of Canadian Benchmark Level 5 in Speaking, Listening, Reading, and Writing.
  3. The foreign national has completed at least one year of post-secondary education.  Completion of a credential is not required.
  4. The foreign national has in the form of transferable and available funds, unencumbered by debt and other obligations, an amount that is equal to one half of the Statistics Canada low-income cut off.

Up to five foreign nationals can apply under the same business.  A qualifying business will generally be a corporation that is carrying on business in Canada in which each applicant (up to that maximum of 5) holds 10% or more of the voting rights attached to all shares,

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