Subclass 491 Visa

The Intra Company Transfer Visa Canada, also known as the ICT, is meant for sponsored foreigners seeking to work in Canada. It is a uniquely designed Work Permit for business owners, managers, and skilled workers with specialized knowledge, allowing them to seek out PR pathways and settle in Canada permanently. As a UK citizen, you can apply for ICT Canada if:-

• You are an entrepreneur or self-employed person looking to transfer a UK-based business or company to Canada or set up and operate a new business or startup in Canada.
• You are a key worker (senior manager, executive, individual contributor with advanced knowledge of a specific uncommon process/product/service) working at a multi-national company in the UK, and you are eligible to be transferred to work in a company-affiliated branch in Canada.
• You are an entrepreneur and self-employed person seeking to shift to Canada with the intention to get a Permanent Residency (PR) status in Canada. Canada ICT is best suited for you if you wish to start your own business under specific conditions. Canada ICT is one of the fastest immigration pathways into Canada, provided you are ready to invest.

Yes, your Canada ICT visa can be rejected. Canada ICT visa rejection occurs if the Canadian visa officer at Immigration, Refugees, and Citizenship Canada (IRCC) doubts your purpose of seeking an ICT visa. This happens when the visa officer deems your business unviable or if its’ current financial status reduces its chances of succeeding in Canada.

As such, it is advisable to optimize your ICT visa application properly as IRCC requires, which assesses each visa application with strict criteria if you hope to get your ICT Canada visa approved. Following are the reasons your Canada ICT can be rejected if:

a. Your true intention is to gain status. Your true intentions are exposed if your business isn't registered in any Canadian province or has no commercial lease agreement in Canada.

b. Your bank account is being improperly funded. Either you need more funds to set up and operate a business in Canada, or IRCC figures funds in your Canadian bank account are your finances rather than your company's.

c. You are moving more foreign workers than needed to set up your Canadian branch/operation. IRCC will assess whether you are hiring enough Canadian citizen/PR holders in the 1st year of existence.

d. You can't link your Canadian company with the UK parent company. You don't have a comprehensive business plan detailing your parent UK business link with a new Canadian branch, whether it is a subsidiary or a separate entity.

e. Your business isn't expected to benefit the Canadian economy. In 2023, the Canadian economy stands at a huge CAD 2.12 trillion. You must demonstrate that your new business can further contribute to the Canadian economy's growth.

Under the ICT work permit, there is no compulsory minimum stay period in Canada for any managerial and senior executive staff. Under the ICT visa program, managers and senior executives are free to maintain their principal residential address in their home country of the UK, even as they run the Canadian branch of their UK business.

They are also free to travel in and out of Canada as many times as required while staying in Canada. However, other key employees are compulsorily required to relocate to Canada during their period of employment in Canada.

No, Canada ICT is not an open work permit; any employees transferred into Canada are legally required to work only for their employer at a location as specified in their work permit. As a closed work permit, such employees are not allowed to enter the Canadian labor market to seek a new job.

However, suppose there are multiple locations in a province or even multiple provinces across Canada where your business will operate and the foreign workers from the UK like you will be located. In that case, it must be notified in the ICT work permit application submitted to IRCC. This will make it easier for IRCC to issue multiple work permits for the mentioned locations.

The Intra-Company Transfer work permit/visa in Canada is valid for a minimum of 1 year and can be extended up to 7 years. If you want to renew the work permit under the ICT program of Canada, you are required by law to provide the evidence that:

• The Canadian and foreign companies still have a qualifying relationship (if working under a partnership).
• The new office opened in Canada has engaged in the continuous provision of goods or services to Canadians for the last year.
• The new office opened in Canada has been fully staffed with Canadian and foreign employees.

Under Canadian laws, there is no obligation to apply for PR only after completing 1 full year of work experience in the Canadian branch of the foreign business under the Canadian ICT program. You are free to choose your options.

Note that the ICT Work Permit is non-transferable. Suppose you don't wish to settle down in Canada permanently. In that case, you can renew your ICT work permit and continue working for the same employer in Canada, as mentioned in your work permit, as a temporary foreign worker from the UK.

Yes, Canadian laws state that foreign business owners and key employees like managers and CEOs can bring their families to Canada during their employment in Canada under the ICT program to stay with them. Canada's law states that spouses of ICT work permit holders are also eligible to work with an open work permit.

The children of ICT permit holders are also eligible to attend public schools in Canada that are free of cost. The ICT work permit holders and their immediate family members are also eligible to access the Canadian healthcare system free of cost.

No, there is no legal requirement for that. Also, it is optional for you as a business owner to submit a business plan with your ICT work permit. You need to have a business plan, but it is not a binding agreement. Also, you will not be held liable if you are unable to meet the targets set out in the business plan.

The business plan merely states that feasibility research has been done to operate in Canada. However, you must ensure that your Canadian business operates at a Canadian location and employs at least 1 Canadian employee (Citizen or PR holder) who continues to be actively engaged in business, offering services/goods to customers across Canada.

Some advantages of the Canada Intra-Company Transfer (ICT) program are:

a. Becoming a Permanent Resident:- The biggest advantage of the Canada ICT program is that it offers qualified applicants a pathway to PR. Applicants can try for PR through any one of Canada's immigration pathways, including Express Entry, Canadian Experience Class, or Federal Skilled Worker Program. However, the applicant must meet specific requirements.

b. Contribute to Economic Growth:- Another advantage of Canada's ICT program is that it helps businesses boost their economy. ICT facilitates employee transfers/relocation, allowing companies to expand their operations in Canada through foreign investment.

c. Dependents Benefit:- An advantage of the Canada ICT program is that business owners and senior staff can bring their dependents/immediate family members to Canada while working there. Applicants under the ICT program can apply for an open work visa for their eligible dependents, such as spouses/legal partners. Their children can pursue education in Canada without applying for a study visa. Dependents are also entitled to healthcare in Canada.

d. Quick Immigration Process:- Another advantage of the Canada ICT scheme is that it allows businesses to relocate personnel from foreign countries to Canada easily and quickly. It may also help businesses to recruit fresh workers from Canada. ICT applications are processed by the International Mobility Program (IMP). ICT further simplifies the immigration of temporary international workers into Canada.

e. Qualified and Trained Personnel:- Another advantage of the Canadian ICT scheme is that it allows firms to keep well trained and qualified professionals on their payroll by permitting them to work in Canada. This helps them maintain a highly trained talent pool crucial for business expansion. As employees advance their careers, it helps boost their confidence, ultimately increasing worker retention rates.

No, the applicant for an ICT work permit doesn't require a job offer compulsorily. The applicant can still qualify for an ICT work permit. Canadian employers play a significant role in helping an applicant immigrate to Canada.

The Express Entry federal immigration selection system allows ICT application candidates to obtain a valid Canadian job offer, increasing their chances of getting an 'invite to apply' for Canada PR. Candidates in the 'Express Entry' pool can directly promote themselves to their prospective employers.