Does an intra-company transfer need an LMIA?

No. ICTs are LMIA-exempt, but the employer must file an offer of employment in the Employer Portal and pay the $230 compliance fee.

How long must the employee have worked for us?

Generally at least one year of continuous full-time work in the three years before the application.

Can the transferee's spouse work?

Spouses and common-law partners of many skilled workers may qualify for an open work permit. Eligibility rules changed in 2025, so we check current criteria.

Can a US company establish a Canadian office through an ICT?

Potentially, but incorporation alone is insufficient. Assess the applicable treaty or general route, qualifying operations, relationship, role and employment. A company operating only in its home country should not assume that a first Canadian office establishes eligibility under the general multinational requirements.

How long can an ICT stay?

Total time limits apply: generally seven years for executives and senior managers and five years for specialized-knowledge workers.

Intra-Company Transfer Work Permits for Employers

YF Immigration Canada · Content sources checked 2026-10-26

Who qualifies

Intra-company transfers may be LMIA-exempt under general Canadian-interest or trade-agreement provisions. Check current IRCC category and exemption codes rather than assuming historical C12 instructions apply. The transferee generally must:

Be employed by a foreign company with a qualifying relationship (parent, subsidiary, branch or affiliate) to the Canadian company
Have worked continuously and full-time for that company for at least one year in the three years before applying
Be coming to work as an executive, a senior manager or in a role requiring specialized knowledge
Be transferring to an enterprise that is doing business in Canada, or establishing one (start-up ICT)

Specialized knowledge

Specialized knowledge means proprietary knowledge of the company's products, services or processes combined with advanced expertise. IRCC also expects the role to pay at least the prevailing wage. This category receives the most scrutiny, so job descriptions, org charts and evidence of the knowledge must be detailed.

Opening a new Canadian office

Companies starting up in Canada can transfer an executive or manager to set up the business. Start-up ICT work permits are generally issued for one year at first. To extend, you show the Canadian business is now operating — premises, staff and real business activity.

Employer steps

The Canadian employer submits an offer of employment through IRCC's Employer Portal and pays the $230 employer compliance fee. The worker then applies for the work permit using the offer number.

Assignment evidence and internal approval

Prepare a dated assignment letter stating the foreign employing entity, proposed Canadian entity, role, reporting line and intended period. Explain how the Canadian role differs from ordinary local service delivery and why the transfer fits the selected category. Connect the letter to the organizational chart and operating evidence rather than treating it as a stand-alone assertion from management.

Have the corporate and payroll teams review ownership links and pay terms before the portal offer is filed. A recent restructuring can affect which company employs the person and the evidence of a qualifying relationship. Record actual legal changes and continuity of employment accurately. Where documents originate in another language, prepare translations complying with the application instructions.

For renewals, compare the original business plan with actual operations, staffing and the transferee's duties. Explain supported changes and collect evidence of current responsibilities. An unchanged job title does not establish that the same qualifying role continues. Temporary work, permanent residence and any family permits remain separate decisions, so plan their deadlines independently of the corporate assignment.

Select the governing transfer route

General Canadian-interest transfers and trade-agreement transfers are not interchangeable. Citizenship, corporate operations and the assignment can affect the route. Use current IRCC exemption instructions; historical codes on an older permit may no longer identify the correct category. Incorporating a Canadian business alone does not establish eligibility.

Confirm qualifying multinational operations where required and distinguish legal corporate existence from actively doing business. A start-up application needs more than ownership paperwork: explain financing, operations and the transferee’s actual role.

Prove ownership and qualifying employment

Build a corporate chart identifying ownership and control links, supported by incorporation, share or other relevant records. Shared branding, customers or an ordinary partnership do not prove a parent, subsidiary, branch or affiliate relationship. Include intermediate links where ownership passes through other entities.

Contracts, invoices, staffing and financial records can help show activity. Explain which entity employs the person and directs the assignment. Reconcile foreign employment dates with payroll and contracts; a résumé alone is insufficient. Describe foreign and Canadian positions separately, including reporting lines and any changes in employing entity.

Support executive, managerial or specialized knowledge duties

For executives and managers, explain actual authority, decisions, supervision and the function managed. Organizational charts and staffing must support the role. A senior title does not prove the duties qualify, especially if the evidence primarily describes hands-on service delivery.

For specialized knowledge, explain both proprietary company knowledge and advanced expertise, supported by training, project history and relevant systems. General experience or ordinary software familiarity is not conclusive. Handle confidential records appropriately while giving enough explanation to assess the assignment. Compare pay with applicable current requirements and separate allowances from guaranteed wages.

Prepare start-up and renewal evidence early

Document a credible establishment plan: premises, financing, activities and staffing. Explain how the transferee will perform the claimed capacity while establishing the business. Collect operating evidence from launch rather than repeating original projections at renewal.

The employer generally completes the portal offer and compliance payment before the worker applies. Budget the usual $230 employer charge separately from worker costs and business establishment. Exemption from LMIA does not guarantee fast processing. Review ongoing relationships, activity, remaining category time and permit conditions before any extension. The first approval does not assure the next decision.

Frequently asked questions

Official sources

Government rules, fees and wage thresholds change. This page is general information, not legal advice, and results vary by case.

Intra-Company Transfers