C12 - Intra-company transferee (ICT), Internal company transfer (Non-FTA)

The Intra-Company Transferee (ICT) program, under code C12, is offered by the Canadian government to multinational companies wishing to transfer personnel from their parent company, branch, or subsidiary overseas to work temporarily in Canada in senior management, executive, or specialized roles.

Unlike code T50 (applied under the CPTPP agreement), code C12 does not require specific nationality and applies to all citizens if they meet the conditions under IRPR R205(a).

Eligible participants

• Personnel from countries outside the CPTPP such as India, China, Philippines, etc.
• This applies if the company wishes to avoid industry restrictions under the CPTPP.
• This applies if the worker's occupation is not listed in the CPTPP list, but they submit their application under T50.
• This applies to cases where the customer is unclear about the CPTPP relationship, or has previously been denied a T50 due to technical/industry reasons.

Basic conditions

• Work experience : Must have worked for at least one year in the last three years for a company overseas.
• Company relationships : There are parent-subsidiary, branch, and affiliated relationships. Legal agreement between the company in the applicant's home country and the company in Canada.
• Position held in Canada :
  • Senior Manager or Executive/Managerial; or
  • Personnel with specialized knowledge.

Documents to prepare

1. Job offer letter and explanation letter from the company in Canada.
2. Documents proving the link between the two companies.
3. Proof of work experience, qualifications, and CV.
4. Passport, criminal record certificate, medical certificate (if required).
5. Demonstrate professional competence or actual managerial experience.

Application process

1. Prepare the application : Gather all the documents listed above.
2. Apply online : Through the Immigration, Refugees and Citizenship Canada (IRCC) portal.
3. Government fee for applying for a work permit.
4. Biometrics : After submitting the application, applicants will receive instructions on providing fingerprints and a photograph.
5. Waiting time for processing : Processing times may vary depending on the country and type of application.

Important note

• LMIA Exemption : C12 work permits typically do not require a Labour Market Impact Assessment (LMIA), simplifying the application process.
• License duration : Typically granted for a maximum of 3 years for managers and executives, and 1 year for employees with specialized expertise, with the possibility of renewal.
• Not permitted to work for other companies : A C12 work permit is an employer-specific work permit; the applicant is only permitted to work for the company stated in the application.

Transitioning from a C12 Work Permit to Permanent Residency (PR)

Workers employed in Canada under the Intra-Company Transferee (ICT) program may be eligible to apply for permanent residency through the following programs (consult with an attorney for updated program requirements):

1. Canadian Experience Class (CEC) – part of the Express Entry system

Main condition:

• Work experience in Canada : At least one year of full-time (or equivalent part-time) work experience in TEER skill group 0, 1, 2, or 3 within the three years prior to applying.
• Language proficiency : Achieve at least CLB 7 for TEER 0 or 1 jobs, and CLB 5 for TEER 2 or 3 jobs.
• Settlement plan: Intending to live outside the province of Quebec.

Note : Work experience under the ICT stream may count towards CEC eligibility if the above criteria are met. Additionally, Express Entry is highly competitive, so achieving the required score may not guarantee an invitation to apply for PR. Therefore, your score in the system must be competitive with other applications.

2. Provincial Nominee Program (PNP)

Several Canadian provinces have Provincial Nominee Programs (PNPs) for foreign workers with work experience in that province. If you are working in Canada under an ICT visa, you may be eligible for nomination through the PNP, depending on the specific requirements of each province.

3. Start-Up Visa

Points to note when switching from ICT to SUV

• You must resubmit your application from scratch under the SUV category; you cannot directly transfer or use ICT experience to "automatically" "convert".
• If the company you work for under the ICT category is not a suitable startup, you cannot use that company to apply for an SUV.
• You can use your work experience in Canada under the ICT program to help demonstrate your management or business development skills in your SUV application.
• If you are granted a Work Permit SUV, you can switch from an ICT Work Permit to an SUV to work for your startup (if needed).

ICT services in Canada – Keyapply offers comprehensive support:

• Consulting on strategic personnel transfer from the parent company to its Canadian branch under the ICT program.
• Establish and standardize your Canadian business profile , including business registration, tax identification number, bank account details, and proof of company affiliation.
• Prepare and submit your ICT Work Permit application , including a job offer letter, explanatory letter, proof of experience, and legal documents.
• Support for accompanying family members , including:
  • Work Permit open to spouse;
  • Study Permit for children.
• Permanent residency (PR) consultation after ICT through programs such as Express Entry (CEC) or PNP, depending on the province.
• Services from Ontario Start-Up Studio :
  • We provide support in developing startup ideas if clients wish to transition to the Start-Up Visa category for permanent residency.
  • Providing workspace, training, and connections with designated organizations to apply for Letters of Support;
  • A guide to operating a business in Canada to meet IRCC requirements while awaiting permanent residency.