Program delivery update: Intra-corporate (company) transferees (ICT) – CETA, CUKTCA
Key Changes in the May 2, 2025 Update
1. Correction of Length of Stay Information
The October 1, 2024, FTA updates included guidance on the duration of stay for various work permit categories under CETA and CUKTCA. However, inaccuracies in the stated lengths of stay for certain categories prompted the May 2, 2025, correction. While the IRCC has not publicly detailed the exact errors in the October guidance, the corrected information aligns with the provisions of CETA and CUKTCA, ensuring consistency with the agreements’ temporary entry chapters.
For context, CETA and CUKTCA outline specific durations for work permit categories under R204(a):
Intra-Corporate Transferees (ICTs): Typically granted an initial work permit of up to one year, with extensions possible at the discretion of the assessing officer, provided documentary evidence supports the request.
Investors: Also issued an initial work permit of one year, with extensions assessed case-by-case based on evidence of continued investment activities.
Contractual Service Suppliers and Independent Professionals: Generally allowed a maximum stay of 12 months within a 24-month period, with specific conditions on cumulative stays.
Business Visitors: Exempt from work permits under R186(a)/R187, with stays limited to 90 days in any six-month period for specific activities like meetings or consultations.
The May 2 update corrects any discrepancies in these durations, ensuring officers apply the correct timeframes when processing applications. For example, prior guidance may have inaccurately suggested longer initial stays for ICTs or investors, potentially leading to inconsistent adjudications. The corrected instructions reinforce that initial permits for ICTs and investors are capped at one year, with extensions requiring robust documentation, such as proof of ongoing business activities or employment with the Canadian entity.
This correction is critical for employers planning workforce transfers and for workers seeking to comply with immigration regulations. It also underscores IRCC’s commitment to transparency and accuracy in administering FTA work permits.
2. Removal of “Senior” from Manager Position Description
The second change involves removing the word “senior” when describing the manager position in the CETA and CUKTCA program delivery instructions, particularly for intra-corporate transferees and investors. Previously, the term “senior manager” was used to describe eligible managerial roles, which may have implied a higher level of responsibility or hierarchy than intended by the agreements.
CETA and CUKTCA define managers as individuals who:
Direct the management of an organization or a department/subdivision.
Supervise and control the work of other employees.
Have the authority to hire, fire, or recommend personnel actions.
The term “senior” was not explicitly required in the original CETA text or its incorporation into CUKTCA, and its inclusion in IRCC’s instructions may have created confusion. For example, officers might have interpreted “senior manager” as requiring C-level or executive-level positions, potentially excluding mid-level managers who meet the agreements’ criteria.
By removing “senior,” the IRCC clarifies that any managerial role meeting the CETA/CUKTCA definition qualifies, broadening eligibility. This change applies primarily to:
Intra-Corporate Transferees (LMIA exemption code T44): Managers transferred within a multinational company to a Canadian affiliate or subsidiary.
Investors (LMIA exemption code T46): Managers responsible for establishing or overseeing an enterprise in Canada.
This adjustment aligns the instructions with the original intent of CETA and CUKTCA, ensuring that a wider range of managerial roles can access LMIA-exempt work permits. It also reduces the risk of refusals based on overly restrictive interpretations of managerial responsibilities.
Implications for Employers and Workers
The May 2, 2025, update has several practical implications for stakeholders:
Clarity on Duration of Stay:
Employers can better plan workforce transfers, knowing that initial work permits for ICTs and investors are limited to one year, with extensions requiring clear evidence of ongoing need.
Workers benefit from consistent application of stay limits, reducing the risk of unexpected refusals or compliance issues.
Immigration officers have clearer guidance, minimizing processing delays due to misapplied timeframes.
Expanded Eligibility for Managers:
The removal of “senior” from manager descriptions makes it easier for mid-level managers to qualify for work permits, particularly in smaller organizations where C-level roles are less common.
Employers, especially startups or SMEs, can transfer a broader range of managerial staff to Canada, supporting business expansion and investment.
Applicants face fewer barriers in demonstrating eligibility, as the focus shifts to functional managerial duties rather than hierarchical status.
Alignment with FTA Objectives:
The update reinforces Canada’s commitment to facilitating trade and investment under CETA and CUKTCA, fostering stronger economic ties with the EU and UK.
By clarifying rules, Canada enhances its attractiveness as a destination for global talent and investment.
Increased Scrutiny and Documentation:
The October 1, 2024, updates emphasized stricter requirements for ICTs, such as proving the foreign position remains available and ensuring wages meet prevailing standards. The May 2 correction reinforces the need for robust documentation to support work permit applications and extensions.
Applicants must provide detailed evidence, such as employment contracts, organizational charts, or investment plans, to meet IRCC’s expectations.
