General requirements
Intra-company transferees may apply for work permits under the general provision if they:
• are currently employed by a multi-national company and seeking entry to work in a parent, subsidiary, branch, or affiliate of that enterprise;
• are transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed, and will be undertaking employment at a legitimate and continuing establishment of that company (where 18-24 months can be used as a reasonable minimum guideline);
• are being transferred to a position in a Executive, Senior Managerial, or Specialized Knowledge capacity;
• have been employed continuously (via payroll or by contract directly with the company), by the company that plans to transfer him or her, outside Canada in a similar full-time position (not accumulated part-time) for at least one year in the three-year period immediately preceding the date of initial application. Extensions may be granted up to the five and seven year maximums referred to in the tables at the end of this section (5.31) and in the table in section 11.2. Documented time spent outside Canada during the duration of the work permit can be “recaptured” to allow the ICT five or seven full years of physical presence in Canada.
TIP: If the applicant has not had full-time work experience with the foreign company, the officer should consider other factors before refusing the applicant solely on this basis, such as:
• Number of years of work experience with the foreign company;
• The similarity of the positions. For example, is the applicant coming to work for a short period of time versus coming from a part-time position to a full-time long term position?
• The extent of the part-time position (i.e., two days/week versus four days/week)
• Does it appear to be an abuse of the ICT provision?
• are coming to Canada for a temporary period only;
• comply with all immigration requirements for temporary entry.
:-\