Key Changes and Their Implications: Canada Makes Critical Amendments to Its International Mobility Program Guidelines
To this end, Canada recently issued updated guidelines for the International Mobility Program specifically for intra-company transferees, or ICTs. IRCC published a guiding document that outlines rules and may make it easier to transfer employees from an associated enterprise abroad to the Canadian branch, effective as of October 3.
Key changes to the ICT guidelines
The new updates deal especially with subsection R205(a) of Canadian Interests – Significant Benefit – Intra-Company Transferees. The new important changes, according to IRCC: Definition of Multinational Corporations (MNCs): It clarifies that ICTs must come from an existing foreign enterprise of a multinational corporation. It also gives considerable criteria to assess whether an enterprise qualifies to be an MNC.
Specialized Knowledge: The term “specialized knowledge” is defined further. The rule gives more information on what one is to consider in determining whether the applicant has specialized knowledge or if the position entails having such knowledge.
Eligibility Criteria: More transparent eligibility criteria for foreign nationals applying for ICT permits have been provided by the revised rules.
Consolidated Instructions: Instructions on ICTs under R205(a) have been consolidated into one page, and applicants and employers can easily access a single source of reference.
Prevention of Misuse of ICTs: This guidance explains that ICTs are not to be considered an instrument for transferring a generic workforce to affiliate companies in Canada.
Documentation and Evidence: The refresh highlights that all evidence related to ICT applications should be in the GCMS.
Free Trade Agreements and ICTs
Reflecting alterations to paragraph R205(a), IRCC also refreshed the officer guidance for paragraphs R186(s) and R204(a) relating to several free trade agreements under the International Mobility Program. Free trade agreements are as follows:
- Canada-United States-Mexico Agreement
- Canada-Korea Free Trade Agreement
- Canada-Peru Free Trade Agreement
- Canada-Colombia Free Trade Agreement\
- Canada-Chile Free Trade Agreement
- Canada-European Union: Comprehensive Economic and Trade Agreement
- Canada-United Kingdom Trade Continuity Agreement
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
The harmonization of these guidelines ensures that there is coherence to the assessment of ICTs applied between these various trade agreements.
Understand the International Mobility Program
International Mobility Program: This program also enables the importation of foreign nationals by employers in Canada through the intra-company transfer without a Labour Market Impact Assessment. Thus, this exemption creates a streamlined process because LMIAs require that employers demonstrate that hiring a foreign worker would have no impact or positive impact on the labor force of Canada.
Conclusion
These updates reflect commitment to improving efficiency and clarity of guidance for businesses in Canada’s immigration process. The IRCC defines, refines, and considers the application process itself to help it develop such a definition and eligibility criteria with the aim of helping multinational corporations better manage their workforce while avoiding abuse of the program.
