Intra-Company Transfer Work Permit Lawyer · Toronto

Who this is for

An intra-company transfer (ICT) permit lets a multinational company move a key person from its operation abroad to a related Canadian company. The person may run the Canadian company, manage an essential function, bring proprietary knowledge that few employees hold, or open a new Canadian office. The category is not for moving a general workforce.

How the ICT category works

General ICT permits are issued under paragraph 205(a) of the IRPR. IRCC now uses three codes in place of the old C12 code, and in October 2024 it consolidated and clarified its ICT instructions. The core requirements are:

• A real multinational: the company earns revenue in at least one country besides its home country. To open a new Canadian enterprise, it must already operate in at least two countries.

• A qualifying relationship: parent, branch, subsidiary or affiliate, based on ownership and control. Supplier, client, licensing and franchise links do not qualify.

• Current employment: at least one year of continuous, full-time work with the foreign company in a similar position within the past three years, and a position abroad that stays open for your return.

• An active Canadian business: regular, continuous business from physical commercial premises or, for a new office, a credible timeline to get there. Virtual offices and residential addresses do not qualify.

• Significant benefit and a temporary stay: every applicant must now show both.

The three codes

• C62, executives and managers: TEER 0 or 1 roles that direct the company or manage an essential function, in a Canadian operation whose size and structure justify that role. Managers in title only do not qualify, and a first-line supervisor qualifies only if the employees supervised are professionals. Permits run up to three years at first, with renewals of up to two years, to a maximum of seven years.

• C63, specialized knowledge: both advanced proprietary knowledge of the company’s products, services or processes, and an advanced level of skill from significant, recent experience with the company. Pay must be at least the prevailing wage. Permits run up to three years at first, to a maximum of five years.

• C61, new office: for an executive, manager or specialized knowledge employee sent to set up a branch, subsidiary or affiliate. The transferee must be coming to secure physical commercial premises (the company may use its counsel’s address until then), with a business plan, a hiring plan and proof the parent can fund the set-up and the initial ramp-up. It lasts one year, with a short extension only in exceptional cases, then the transferee moves to C62 or C63.

Under a free trade agreement such as CUSMA, CETA, the Canada-UK Trade Continuity Agreement or CPTPP, a treaty-based ICT category may also be available.

What officers look for, and why files are refused

Officers check ownership and control on both sides first. Small differences matter. In a Federal Court case we discussed in our post on ICT structure, the Court upheld a finding that two companies with different owners were not affiliates. Other common problems include:

• titles without substance, or knowledge that short training could transfer;

• a Canadian entity with no staff, revenue plan or premises;

• no clear reason the person must work in Canada rather than remotely (a time-zone difference is not enough);

• owners who control a foreign company that is not a multinational. IRCC’s instructions point them to the business owner category (C11) or, where one applies, a trade agreement category. We may also assess C10 (R205(a), significant benefit) where your role and the benefit fit that test.

The Federal Court has also held officers to the criteria as written. In a 2026 decision covered in our post on specialized knowledge standards, the Court found it unreasonable to require a transferee to be the developer of the company’s proprietary tools.

How the process works with us

We start with an online consultation and a review of share registers and control documents, because they decide whether ICT is available at all. If we take the file, you complete a secure online intake, we open a shared document folder and we build a checklist for the file. You deal directly with our lawyer, Ahmet Faruk Ocak, who is also licensed in Türkiye and works in English and Turkish. We prepare the offer, support letter and submission, and file family members’ applications where they are eligible. Our flat fee is agreed in writing before you hire us, payable in full or in two instalments, held in trust and earned at set milestones. Government fees are separate, and HST applies to clients resident in Canada.

What happens next

Extensions: executives and managers can extend to seven years in total, specialized knowledge workers to five. The limits are cumulative across ICT categories and trade agreements, and reaching one means a year of full-time work for the company abroad before another transfer.

Spouses and children: a spouse or common-law partner can apply for an open work permit if the transferee works in a TEER 0 or 1 occupation, or a select TEER 2 or 3 occupation, and holds a permit valid for at least 16 months after IRCC receives the spouse’s application. CETA, the Canada-UK agreement and CPTPP (for certain countries) have their own spousal permits. CUSMA does not. A one-year C61 permit may not leave 16 months of validity after IRCC receives the spouse’s application (the 16-month rule), so we plan the family’s status before the move. Minor children with you can attend preschool, primary or secondary school.

Permanent residence: ICT is temporary, but IRPA allows dual intent. Skilled, paid work in Canada can count toward the Canadian Experience Class, and provincial programs may open other routes.

Frequently asked questions

Our company only operates in our home country. Can we use ICT to open in Canada?

Not under the general ICT rules. To open a new Canadian enterprise, IRCC requires the foreign company to already earn revenue in at least two countries: its home country and one other. A company cannot become a multinational by making Canada its first foreign operation. Depending on the facts, IRCC’s instructions point to the business owner category (C11) or a trade agreement category instead, and C10 (R205(a), significant benefit) may also be assessed where the role and the benefit fit that test.

How long can a transferee stay in Canada?

Executives and managers (C62) can receive up to three years at first, with renewals of up to two years, to a maximum of seven years. Specialized knowledge workers (C63) follow the same pattern, capped at five years. A new-office transferee (C61) receives up to one year. The caps are cumulative across ICT categories and trade agreements. After reaching one, the person needs a year of full-time work abroad with the company before another ICT.

Does the transferee have to be paid by the Canadian company?

No. IRCC does not require payment by the Canadian company or in Canadian dollars. The wage in the offer must still be at least the prevailing wage for the occupation and location, without counting housing or travel allowances. The transferee must also be a true employee of the Canadian company, which directs their day-to-day work, including at client sites.

Can the transferee’s spouse work in Canada?

Often, yes. The spouse can apply for an open work permit if the transferee works in a TEER 0 or 1 occupation, or a select TEER 2 or 3 occupation, and holds a permit valid for at least 16 months after IRCC receives the spouse’s application. CETA, the Canada-UK agreement and CPTPP (for certain countries) have separate spousal permits. A one-year C61 permit may not leave 16 months of validity after IRCC receives the spouse’s application, so family planning comes first.

I have less than two years with the company. Can I qualify as a specialized knowledge worker?

Only in rare cases. Every ICT needs at least one year of continuous full-time work with the company in the last three years. For this category, IRCC’s guidance expects significant experience, generally two years or more depending on the sector. The instructions say that, in rare cases, a person with less than two years may still qualify by showing comprehensive knowledge of a specific part of the company’s products or processes, supported by studies in the field or years of experience in the industry.