Understanding ICT and Its Eligibility

Introduction

The intricacies of immigration and the conditions for intra-company transfers (ICT) can often be a maze of information. At Pax Law Corporation, we believe in simplifying and elucidating this process for you. In this article, we’ll delve deep into understanding who can apply for ICT and under what criteria. Whether you’re a business professional looking to transfer within your international company or an HR executive seeking clarity, this guide is for you.

Understanding ICT: A Brief Overview

ICT stands for Intra-Company Transfer, a provision that allows certain employees of multinational companies to transfer from an overseas branch to a branch in another country. The criteria for such a transfer are specific and fall under two main categories.

1. ICT—Specialized Knowledge

One of the primary criteria for ICT is having specialized knowledge. But what exactly constitutes specialized knowledge?

• Proprietary Knowledge: According to the IRCC website, proprietary knowledge refers to “company-specific expertise related to a company’s product or services”. This isn’t the general know-how that most employees might possess. Instead, it’s a unique, deep-seated understanding of the company’s products, services, or internal workings that is rare and invaluable.
• Advanced Level of Expertise: This isn’t just about being good at your job. An advanced level of expertise implies a depth of knowledge that comes from significant and recent experience. Such expertise is rare and is not commonly found in the company or the industry at large.

2. ICT—Executive/Senior Manager

The second category under which one can apply for ICT is if they hold a significant position within their organization.

• Defining an Executive or Senior Manager: An executive or senior manager isn’t just any higher-up in the company. They are individuals who play a pivotal role in shaping the direction and policies of the organization. Their duties often involve directing the management of the organization or a significant function within it.
• Key Responsibilities: Those who qualify under this category usually establish the organization’s goals and policies. They operate with minimal supervision from higher-level executives and often play supervisory roles themselves, overseeing other managers and major departments.

Conclusion

The ICT provisions provide a structured pathway for pivotal members of multinational corporations to transfer across borders. Whether you fall under the category of specialized knowledge or that of an executive/senior manager, understanding these criteria can pave the way for a smooth intra-company transfer. If you’re unsure about your eligibility or need assistance with the process, Pax Law Corporation is here to guide you every step of the way.