Intra-Company Transfer Business Plan

Who Needs an Intra-Company Business Plan?

When your business is currently based in a country outside of Canada, and you plan to start operations in Canada, you will likely be sending some of your current employees to start-up operations. Once they have successfully established your operations in Canada, they are expected to return home.

If this is your business, these employees need government approval to live and work in Canada temporarily. With support under Canada’s International Mobility program, they get a special work permit for one year (with the potential for renewal for up to seven years for managers and five years for specialized knowledge workers).

Part of the application process for these individuals to temporarily immigrate to Canada involves your business providing a professional business plan outlining your reason for operations in the country.

Benefits of Doing Business in Canada

You may be limited in terms of business growth in your current country or region. Expanding your business into Canada provides many benefits:

• Your business reach of potential customers or clients increases
• Access to Canadian and USA markets with stable banking systems and additional business opportunities
• Providing opportunities for your staff to experience living and working in another country and/or eventually immigrating to Canada while still working for your business.

Canada’s International Mobility Program

This program allows international companies to temporarily transfer qualified employees to Canada with a goal of improving management effectiveness, expanding exports and enhancing competitiveness in international markets.

The Canadian government is focused on increasing the effectiveness of operations, and the competition of Canadian industry; therefore, the application must show how the nominated employee will have a significant positive effect on the company’s management, operations, and subsequently increase competitiveness.

Furthermore, guidelines from Immigration, Refugees and Citizenship Canada (IRCC) state that international companies establishing their first presence in Canada must provide a “realistic” plan for the staffing and operation of the start-up business.

What is a “Realistic” Business Plan?

The program requires that you have a realistic business plan. This includes:

• Having a physical business premise in Canada (there are conditions where this may be temporarily waived if you intend to purchase or lease property in Canada soon. In the meantime, you could use your counsel’s Canadian address).
• Showing how you intend to staff your Canadian business premises.
• Proving you are financially stable to support Canadian operations and paying your staff

You must also include two additional pieces of information within your business plan based on who you are intending to transfer temporarily into Canada for your business:

• When transferring executives or managers, show that there will be a large enough need to support their duties
• When moving specialized knowledge workers into Canada, show that they will be doing business in the country under the guidance and direction of the Canadian operation.

All of this information must be included in your business plan, in addition to the standard business plan content. Merging this information clearly and succinctly into your business plan is best done by business plan writers experienced in this type of business application.  

What Questions Does an ICT Business Plan Need to Answer?

Looking at it from a higher level, your ICT Business Plan needs to address four key questions:

1. What is the relationship between Canada and the foreign employer? Your business must prove the relationship between your planned Canadian business and its parent company outside of Canada. 

2. What is the relationship between the employer and the foreign worker? You may need to show documentation of the employee-employer relationship between you and anyone you send to Canada.

3. What is the foreign worker’s expertise? They must satisfy the work permit requirements of being an executive, manager, or worker with specialized knowledge of the company operations. 

4. Is your business a start-up? For most businesses, providing a business plan with your ICT is optional, but highly recommended. For start-ups coming to Canada is it a necessary requirement. In that situation, your business plan must outline details of your start-up activities and that you can financially support yourself while in the country.

Start-Up Company Requirements

If the international company plans to establish its initial presence in Canada, IRCC requires some specific information about the company, its financial standing and its plan for the Canadian operation. These requirements include:

Eligibility Requirements for Intra-Company Transfer Candidates

Under the Intra-Company Transfer Program, candidates must apply for a work permit under general provisions. IRCC guidelines say that Intra-company transferees may apply for work permits if they meet the following criteria:

1.They are currently employed by a multi-national company and seeking entry to Canada to work in a parent, a subsidiary, a branch, or an affiliate of that company.

2.They are transferring to a business that has a qualifying relationship with the business in which they are currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company.

3.They are being transferred to a position in an executive, senior managerial, or specialized knowledge capacity.

4.They have been employed continuously by the company that plans to transfer them to Canada in a similar full-time position for at least one year in the three-year period immediately preceding the date of initial application.

5.They are coming to Canada for a temporary period only.

6.They comply with all immigration requirements for temporary entry.

Candidate Immigration Requirements

In addition to ensuring your company meets all requirements for entry into Canada, every employee coming to Canada should consult a registered immigration consultant to ensure they meet eligibility criteria. Generally, this means that the candidate is legally allowed into the country, has no criminal record, has a history of stable employment, and has the means to financially support themselves in Canada (by way of future employment with your company while in Canada).

An immigration consultant can review each candidate’s specific case to ensure they meet all current requirements.

Candidate’s Family Immigration and Permanent Residence Requirements

An immigration consultant can also help determine if the Candidate can bring their immediate family into Canada under their work permit. If so, spouses may qualify for an open work permit, and children can attend Canadian public schools for free. Candidates and their families may also be eligible for premium-free Canadian healthcare while in the country under this program.

If your candidate and their family choose to remain in Canada, they can look into permenant residency after a minimum of 12 months. Have them talk to an Immigration Consultant for full eligibility if this is something they are considering.

How long does an ICT work permit take to get approved?

Processing time for ICT work permits depends on how many applications there are in the queue. Typically it takes 1-2 months, but we’ve seen it take upwards of 3-4 months in rare cases and as quickly as two weeks. Be sure to apply with plenty of time before you plan to come into Canada in case of any processing delays.

You can assist in the process by ensuring that your application is complete and answering all questions as detailed as possible. If information is missing, your application could be rejected, or you could be asked to provide additional missing information.

A professional ICT business plan writing company can help you make sure all your i’s are dotted and t’s are crossed.