The intra-company transferee category was once treated as a flexible way to move staff into Canada. IRCC’s current instructions read differently: this is a category for multinational corporations moving genuinely senior or genuinely specialized people, for a limited time, at Canadian wage levels.
The multinational requirement
The transferring employer must be a multinational corporation, revenue-generating business operations in at least one country beyond its home country. A company whose only foreign presence is the planned Canadian office does not qualify under C62 (executives and managers) or C63 (specialized knowledge). IRCC is explicit that an enterprise existing in name only, or represented in Canada by little more than an agent or office, is not “doing business.”
The person must genuinely qualify
Three tests recur in refusals:
- Continuity: one year of continuous full-time employment with the foreign enterprise, in the last three years, in a similar position. Part-time accumulation does not count.
- Same capacity: the Canadian role must match the foreign role, and the foreign position must remain available for the transferee’s return.
- Specialized knowledge means proprietary knowledge plus an advanced level of expertise, both documented. Roles in lower TEER categories attract automatic extra scrutiny.
The caps
C61 (coming to establish a new Canadian enterprise) is limited to one year with no extension under that code. Executives and managers can reach a total of seven years; specialized knowledge workers five. The caps apply across treaty ICT permits and general ICT permits combined, switching between CUSMA and the general provisions does not reset the clock.
Wages are checked
The transferee can stay on foreign payroll in foreign currency, but the offered wage must meet the Canadian prevailing wage for the occupation and location, per Job Bank data, excluding allowances like housing or travel. Below-market wages are treated as a signal that the role is not what the application claims.
Planning a transfer? Start with our intra-company transfer page, compare the CUSMA and CETA ICT provisions, or book a consultation to test the structure before filing.
Sources: IRCC – Intra-company transferees (C61–C63) program delivery instructions; IRPR s. 205; Job Bank – Compare wages.
About the author
Miguel Martins Pereirinha is a Canadian immigration lawyer and partner at Slayen Immigration Law in Vancouver, British Columbia. He practises Canadian immigration law exclusively — work permits, permanent residence, family sponsorship, citizenship and inadmissibility — and works with clients in English and Portuguese.
