Immigration, Citizenship and Refugees Canada (IRCC) made major changes to to staff guidance for section R205(a) of Canadian Interests – Significant Benefit – Intra-company transferees, as per CIC News.

In alignment with the changes made to R205(a), IRCC has also updated staff documentation for paragraphs R186(s) and R204(a) for the following free trade agreements, all related to the International Mobility Program:

• 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; and
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Major updates to Intra-company transferees R205(a)

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• Clarification that ICTs must be transfers from a foreign enterprise of an existing multinational corporation (MNC), and providing staff guidance on how to assess whether the enterprise is considered an MNC;
• Clarification on the definition of “specialized knowledge,” and how to assess whether an applicant has specialized knowledge, and whether a position requires specialized knowledge;
• Clarification on the eligibility criteria for foreign nationals for the ICT; and
• Consolidating the instructions for ICTs under R205(a) into a single page.

Guidance also reinforced that the ICT should not be used “as a means to transfer an enterprise’s general work force to affiliated entities in Canada.”

The update also stressed the importance of officers including all evidence for ICT applications within the Global Case Management System (GCMS).

A per CIC News, Free trade agreements related to the International Mobility Program – paragraphs R186(a) and R204(a) have been updated by standardizing the format in the following ways:

• Integrating all guidance on assessing ICTs into the ICT instructions for each FTA;
• Formatting instructions as individual pages for each temporary work provision; and
• Including an overview page.

Canada has also updated guidelines for entering information in GCMS for representatives.

What is the International Mobility Program?

Under the International Mobility Program, employers can use Intra-Company Transfers to obtain work permits for foreign nationals, without needing to undertake a Labour Market Impact Assessment (LMIA).

LMIAs are administered to ensure that the hiring of a foreign worker has a neutral or positive impact on the Canadian labour market. Employers must spend more time and effort to obtain LMIA-based work permits.