A multinational company that wants to transfer an employee from one of its locations outside of Canada to its Canadian office may be able to secure work authorization for that employee for up to three years initially, or in some cases, five or even seven years. Given this, what are the employer’s obligations to ensure the employee has a position to return to in their home country after their time in Canada? Is it even necessary to show this?
The Importance of a Position to Return to for ICT Applicants
In this post, I want to discuss why it’s important to show that an employee has a position to return to in their home country when applying under the Intra-Company Transferee (ICT) program.
For multinational companies transferring employees to Canada, they typically use the ICT, or Intra-Company Transfer program. This program allows companies with business operations in two countries outside Canada—as well as a Canadian operation—to transfer employees from one of their foreign locations to Canada under the ICT program.
Temporary Work Authorization and Duration Limits
When an employee is transferred under the ICT program, they are allowed to work in Canada temporarily. The work period can vary. The initial application is usually for three years, and, depending on the type of work the employee will do, they may be able to extend for another two years, up to a maximum of five years. In some situations, they may even extend up to seven years, again depending on the type of work.
For instance, if the applicant is a U.S. citizen applying under the NAFTA or CUSMA ICT, they may have different extension options, with more chances to renew and stay in Canada. The key point here is that, regardless of how long they’re allowed to stay, they are in Canada on a temporary basis.
The New Requirement for ICT Applications: A Job to Return To
One new requirement under the ICT program, imposed by immigration authorities, is that the sending entity—for example, the U.S. branch if the employee is coming from the U.S. to support their Canadian branch—must show that the employee has a position to return to.
Previously, these applications did not require the sending location to show that the employee had a position to return to in their home country. Now, that’s changed. It is now a requirement that, for the application to be approved, the employer must show that the employee has a job to return to in their home country.
Documenting Proof of a Position to Return To
The initial application requires clear proof that the employee has a job to return to, given that they’re coming for three years, with possible extensions up to seven years in some cases. This proof could be copies of the employee’s contract showing their position will still exist after their temporary work in Canada, or an official letter of support from the employer stating that the position will remain available.
No matter what evidence is provided, employers must now show that the employee is eligible under ICT and has a position in their home country that they will go back to.
Conclusion
If you’re a multinational company planning to transfer employees to your Canadian branch under the ICT program, it’s crucial to understand the requirement for a position to return to in the employee’s home country. This new obligation is not only a regulatory change but also a key factor for a successful application. Employers must provide clear, documented proof of the job the employee will return to after their temporary work in Canada, whether through a contract, letter of support, or other suitable evidence.
By meeting this requirement, you can help ensure that your ICT application stands the best chance of approval, allowing your business to effectively transfer skilled employees to Canada while remaining compliant with immigration laws.
