uSinG iMMiGRaTion To youR aDvanTaGe

Intra-Company Transferee tips for resource companies

By Brett J. cavanaugh

our natural resources industry is crucial to Canada’s economy, contributing billions of dollars annually. However, the industry faces unique challenges in attracting and retaining talent, particularly overseas.

One of the best immigration solutions for global resource companies is the Intra-Company Transferee (ICT) immigration program, which allows Canadian companies with related entities in other countries to temporarily transfer key employees to Canada. The ICT program supports accompanying family members and facilitates a later permanent residence application.

intra-company transferee program overvieW

The ICT program allows for the transfer of employees between a company’s international offices. There are ICT programs under free trade agreements and generally under General Agreement on Trade in Services (GATS), but for the purposes of this article, they are effectively the same. To qualify, the employee must have been working for the foreign office continuously for at least one year, full-time, and be coming to Canada to work for a related company. The employee must transfer to an executive or senior managerial position or, most commonly, one that requires specialized knowledge or skills acquired through time, experience, and on-the-job training.

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Why use the ict program?

There are several benefits to using the ICT program. It allows your company to transfer key employees to Canada quickly and easily compared to other immigration processes. No advertising or prior bona fide job search is required.

The ICT program allows you to bring in employees with specialized skill sets that may be difficult to find in Canada. This program can be especially valuable in the natural resource industry, where certain expertise is in high demand. There may be a need to upskill the Canadian workforce through knowledge transfer from experienced workers abroad.

Further, the ICT program can be used as a tool for employee retention. By offering the opportunity to work in Canada, which can lead to Canadian citizenship for the worker and their family, you can incentivize top employees to stay with your company long term.

Ict Tips For Employers

1. Start early: The ICT program requires significant document gathering, especially for a first application. Our firm ICT checklist has 39 considerations that need to be ran to ground, but each subsequent application gets easier. If your worker is visa-required, they will be at the whim of lengthy and unpredictable processing queues abroad. A visa-exempt worker, by comparison, may be able to be onsite in Canada inside of a week by applying at the border. Your workers’ citizenship and residence can significantly impact timeframes.

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2. Keep detailed records: The ICT program requires extensive documentation, including proving employee qualifications and the corporate relationship between global entities. Everything is subject to a six-year audit review period. Be sure to keep detailed records of all information provided to immigration authorities.

3. Know your employer-side obligations: The ICT program can be complex. Employers are deemed to know of unauthorized work and are regularly reviewed for compliance issues. Playing within the rules is vital to using the immigration system to your advantage. Seek professional advice as needed and have appropriately high-level sign-off on applications.

4. Know the unique facts of the situation: Lack of international travel, poor finances, criminal history, previous immigration violations, and more can all derail an otherwise ideal application. For specialized knowledge applications, your employees’ unique skillsets and experience cannot be understated.

When planned well, the ICT program is a valuable tool for natural resource businesses looking to transfer key employees to Canada. Use the tips above to ensure the process goes smoothly and that your business benefits from the expertise of your international team members.

Brett J. Cavanaugh is a lawyer from McKercher LLP. Cavanaugh is a partner in the Saskatoon office where he focuses on corporate and commercial law, international business transactions, education law, and employer-side immigration. l management, winery and vineyard management, association membership directories, and so many more.

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If you would like your very own print publication, newsletter, or website design, please call Dayna Oulion at 1-866-424-6398 or email dayna@delcommunications.com.

If you would like to submit a story to The Potash Producer newsletter or to PotashWorks annual print publication, please contact shayna@delcommunications.com.

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