Canada Clarifies ICT Instructions

Further to the important updates IRCC made to the ICT instructions in October 2024, the IRCC has introduced a few additional clarifications.

Intra-company transferees (ICT) – CUSMA [R204(a) – T37, T38] – Agreements or arrangements – International Mobility Program

• The wages section of the instructions for CUMA ICTs has been updated to clarify that a mandatory wage assessment is not required under this category and officers should not refuse an application on wage alone. However, wage remains an important indicator of specialized knowledge and should be taken into account in the overall assessment.
• Companies do not need to meet the definition of Multinational Corporation (“MNC”) to avail themselves of the ICT category. It is sufficient to be transferring between qualifying enterprises.

Intra-company transferees (ICT) – [R205(a) – C61, C62, C63] – Canadian interests – International Mobility Program

• The definition of MNC has been clarified: A MNC is a company that has revenue generating business operations in at least 1 country other than its home country and that generates revenue beyond its borders.”
  • A foreign entity may have operations in his home country and another established entity in Canada. Because both entities are already established, the enterprise meets the definition of MNC.
• Location of employment (co-shared spaces): clarification has been provided regarding co-shared spaces
  • Still in place: Guidance still requires the transferee to work at the physical commercial premises where business operations are conducted in Canada, and business operations with no physical commercial premises are not eligible to transfer employees under the ICT category.
  • New: Guidance now provides factors to consider when evaluating whether a co-shared space is a legitimate business presence in Canada. There may be situations where the business operations for the Canadian enterprise operate in a co‑shared space; however, officers must be satisfied that the business has a legitimate presence in Canada. The following criteria may be useful when making this assessment:
    • shared receptionist
    • company name in the directory of the building
    • direct phone line answered by company staff
    • published address on the company web site
    • a dedicated space where employees work and client meetings are held
    • have a business licence
    • accessible to the public

• Evaluating Specialized Knowledge:
  • Specialized Knowledge ICTs with less than 2 years’ experience with the company in the last 3 years are at heightened risk of refusal.
  • Guidance specifically notes that “advanced expertise” is gained through “significant” and “recent” experience, which are defined terms
  • There is some provision for those with less than 2 years experience, but presented as “rare cases.”

Erickson Insights & Analysis

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.