HR professionals need to be aware that IRCC has significantly tightened its review process for Intra-Company Transfers (ICTs), particularly for specialized knowledge workers.
Applications that may have been approved in the past are now facing increased scrutiny, and companies must provide more substantial proof that their transferees possess unique, proprietary expertise that cannot be easily sourced in Canada.
If your company is relying on ICTs, it’s time to rethink your approach and strengthen your applications.
Stronger Proof Now Required for Specialized Knowledge ICTs
A signed employer letter is no longer enough to prove specialized knowledge. Officers now require concrete documentation demonstrating that the transferee’s knowledge is not only advanced but also rare within the company and the industry. Employers must be prepared to submit:
✔ A detailed job description with technical depth – Using industry-specific terminology, clearly define the complexity of the role and why the required knowledge goes beyond what is available in Canada.
✔ A company assertion of specialized knowledge – This should include:
- A formal letter explaining the proprietary tools, methodologies, or processes that require this employee’s expertise.
- A comparison of the transferee’s knowledge vs. what is available in Canada. (Why can’t a local hire perform this role?)
✔ Training, certifications & experience records – Employers must provide:
- Documentation of internal or proprietary training programs the transferee has completed.
- Evidence of certifications or highly specialized skills that make the transferee indispensable.
- Proof that the employee has at least 3-5+ years of experience in this niche field.
✔ Past performance in specialized projects – Officers want to see real-world proof of expertise, including:
- Case studies or whitepapers written by the transferee.
- Patent filings or innovations introduced by the employee.
- Media coverage or industry recognition highlighting the transferee’s expertise.
✔ Salary benchmarking – Officers are scrutinizing ICT salaries to ensure they reflect true specialized knowledge. Compensation must align with industry standards for high-skilled professionals in Canada.
✔ Comparative skills analysis – A side-by-side comparison of the transferee’s qualifications against industry norms in Canada can strengthen the case.
Additional ICT Policy Changes You Should Know About
Beyond specialized knowledge, IRCC has introduced other key updates:
- The transferee’s original position must remain open while they are in Canada.
- Advancement from specialized knowledge to a management role now requires at least one year of prior experience at that level.
- ICTs must work at a physical office in Canada. If the company does not have a Canadian location, strong justification is required for why the employee must be in Canada.
- For ICTs opening new subsidiaries in Canada, the rules differ depending on whether they are under an FTA or not.
What This Means for Employers
If your company is transferring employees to Canada through the ICT program, expect a higher burden of proof. Applications that lack detailed documentation risk being delayed or refused.
All Points can help you navigate these changes and ensure your ICT applications are as strong as possible. Contact us today to discuss your strategy and avoid compliance issues.
