Program changes pertaining to Intra-Company Transferees are released by the IRCC

The guidelines provided to staff members by Immigration, Citizenship and Refugees Canada (IRCC) regarding intra-company transferees (ICTs) have been modified. On October 3rd, these changes were announced.

Regarding section R205(a) of Canadian Interests – Significant Benefit – Intra-company transferees, the IRCC significantly modified the staff recommendations.

The IRCC has updated staff documentation for paragraphs R186(s) and R204(a) for the following free trade agreements, all of which are connected to the International Mobility Program, in accordance with the modifications made to R205(a):

• Canada–United States–Mexico Agreement;
• Canada–Korea Free Trade Agreement;
• Canada–Peru Free Trade Agreement;
• Canada–Colombia Free Trade Agreement;
• Canada–Chile Free Trade Agreement;
• Canada–European Union: Comprehensive Economic and Trade Agreement;
• Canada–United Kingdom Trade Continuity Agreement; and
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Canadian Interests – Significant Benefit – Intra-company transferees R205(a)

Major updates to this section include:

• Explanation that information and communications technology (ICTs) must originate from a foreign firm of an already-existing multinational corporation (MNC), and staff guidelines on determining if the enterprise qualifies as an MNC;
• explanations on what constitutes “specialized knowledge,” how to determine if a candidate possesses specialized knowledge, and whether specialized knowledge is necessary for a particular post;
• explanation of the requirements for foreign nationals to be eligible for ICT; and
• combining all of the R205(a) ICT instructions onto a single page.

The prohibition against using ICT “as a means to transfer an enterprise’s general work force to affiliated entities in Canada” was also reaffirmed in the guidance.

The importance of officers incorporating all supporting documentation for ICT applications into the Global Case Management System (GCMS) was also emphasized in the update.

R186(a) and R204(a) of free trade agreements pertaining to the International Mobility Program

The following format standardizations have been made by IRCC in order to update guidelines pertaining to certain free trade agreements (FTAs):

• including all assessment guidelines into each FTA’s ICT instructions;
• formatting guidelines as separate pages for every provision of temporary work; and
• Including a page with an overview.

The IRCC revised its instructions on the same day for representatives to enter information in the GCMS.

What is the Program for International Mobility?

Employers are exempt from doing a labour market impact assessment (LMIA) while obtaining work permits for foreign nationals under the International Mobility Program by using Intra-Company Transfers.

To make sure that hiring a foreign worker has no effect or a positive effect on the Canadian labour market, LMIAs are conducted. It takes extra time and effort for employers to secure work permits based on LMIAs.

Modifications to the IRCC’s ongoing reforms

The IRCC’s overarching plan to reduce temporary resident programs is in line with these ICT-related program modifications.

Over the next three years, Immigration Minister Marc Miller plans to reduce the percentage of temporary residents in Canada’s population from 6.5% to 5%.

On September 18, Miller unveiled plans to drastically cut down on the quantity of study permits, spousal open work permits, and post-graduation work permits (PGWPs) during the following three years.

There has also been criticism of Canada’s Temporary Foreign Worker Program (TFWP), which allows work permits based on LMIAs. Beginning on September 26, the government will no longer be processing applications for the TWFP’s low-wage stream for any census metropolitan regions where the unemployment rate is more than 6%.

Targets for temporary residents will be included for the first time in the forthcoming Levels Plan, which will be unveiled on November 1.

Immigration targets for the next year are outlined in the Levels Plan, along with provisional targets for the next two years.