Immigration, Refugees, and Citizenship Canada (IRCC) has recently revised its guidelines for Intra-Company Transferees (ICTs), with changes effective as of October 3. These updates modify how IRCC staff evaluate applications under section R205(a) of the Canadian Interests – Significant Benefit program, which governs ICTs.

In addition to the R205(a) changes, IRCC has updated staff guidance for sections R186(s) and R204(a). These revisions impact various free trade agreements within the International Mobility Program, including:

• The Canada–United States–Mexico Agreement (CUSMA),
• The Canada–Korea Free Trade Agreement,
• The Canada–Peru Free Trade Agreement,
• The Canada–Colombia Free Trade Agreement,
• The Canada–Chile Free Trade Agreement,
• The Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU,
• The Canada–United Kingdom Trade Continuity Agreement,
• The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).

Key Changes for Intra-Company Transferees (R205(a))

The primary changes to the ICT program are:

• Clarifying that ICT applicants must be transferring from an overseas office of an established multinational corporation (MNC). Guidelines have been added to help staff assess whether the foreign office qualifies as an MNC.
• A clearer definition of “specialized knowledge,” with instructions on determining if the applicant possesses the necessary expertise and if the job requires it.
• Updated eligibility criteria for foreign nationals seeking ICT work permits.
• All instructions for ICT applications under R205(a) have been streamlined into a single document.

The new guidelines also emphasize that the ICT program should not be used to transfer a company's general workforce to its Canadian subsidiaries. Officers are additionally reminded to record all relevant evidence in the Global Case Management System (GCMS) for each ICT application.

Free Trade Agreements under the International Mobility Program (R186(s) and R204(a))

IRCC has also standardized its procedures for evaluating ICTs under various free trade agreements by:

• Consolidating all guidance related to ICTs into the instructions for each specific free trade agreement (FTA),
• Structuring the instructions into separate sections for each work provision, and
• Adding a general overview page to summarize these agreements.
• On the same day, IRCC updated instructions on how representatives should input data into the GCMS system.

What is the International Mobility Program?

The International Mobility Program enables employers to secure work permits for foreign workers through Intra-Company Transfers without needing to undergo the Labour Market Impact Assessment (LMIA) process. An LMIA is typically used to ensure that hiring a foreign worker will not negatively affect the Canadian job market, but it is more time-consuming and complex compared to non-LMIA work permits.

Changes in Line with IRCC's Broader Strategy

These ICT updates are part of IRCC’s broader goal to reduce the number of temporary residents in Canada. Immigration Minister Marc Miller has outlined plans to lower the proportion of temporary residents in Canada from 6.5% to 5% over the next three years.

On September 18, Minister Miller announced significant reductions in the issuance of study permits, post-graduation work permits (PGWPs), and spousal open work permits over the same period.

Canada’s Temporary Foreign Worker Program (TFWP), which involves LMIA-based work permits, is also under review. As of September 26, the government has paused the processing of the TFWP’s low-wage stream in areas where the unemployment rate is higher than 6%.

Looking forward, the new Immigration Levels Plan, set to be released on November 1, will be the first to include specific targets for temporary residents. This plan will set immigration objectives for the upcoming year and preliminary targets for the following two years.