C20 and ICT: Two Canadian Work Permits Without LMIA and Their Key Differences

An international company can transfer an employee to Canada in two ways without requiring LMIA: through a C20 work permit or an ICT visa for intracompany transfer. The first is based on the principle of mutual staff exchange between countries, while the second is designed for transferring an existing employee to the company’s subsidiary in Canada. Both options are exempt from LMIA but apply in different situations.

What is the C20 work permit

The C20 category is based on the principle of mutual employment. A company brings a foreign employee to work in Canada while simultaneously providing Canadian citizens or permanent residents with similar opportunities to work in another country.

For example, an international company has offices in Canada, Germany, and Japan. It regularly sends employees from Germany or Japan on temporary assignments to Canada, while sending Canadian employees to work in foreign offices. Such international staff exchange may qualify under the C20 category.

The exchange does not need to be one-to-one — one foreigner to Canada, one Canadian abroad. However, the company must prove that Canadians have access to real and comparable opportunities. It is not enough to say they could theoretically work abroad in the future. The company must provide evidence of an international transfer program, previous employee transfers, or current job openings abroad.

It is also important that the applicant must already work for the company abroad. A person who will start working for a foreign company only after arriving in Canada typically does not qualify for C20.

What is the ICT work permit

ICT is a visa for intracompany transfer within an international corporation. It allows a company to temporarily transfer an existing employee from a foreign subsidiary to a related company in Canada. The foreign and Canadian companies must have certain business relationships: one can be a parent company and the other its subsidiary, or they can be branches and affiliated companies.

The employee typically must have worked for the foreign company continuously for at least one year over the past three years. In addition, the employee must be transferred to one of three types of positions in Canada: a managerial position (such as president or chief executive officer), a senior management position (such as general manager leading an important part of the business), or a specialized knowledge position, where the employee has advanced or unique knowledge of the company’s products, services, or processes.

Key differences between C20 and ICT

When reviewing an ICT application, the immigration officer focuses on three questions: whether the foreign and Canadian companies are properly related; whether the applicant has worked for the foreign company for the required period; and whether the position in Canada meets the criteria of a managerial, senior management, or specialized knowledge position.

For a C20 application, the main question is different: does the company provide Canadians or permanent residents with similar opportunities to work abroad?

Examples help clarify this. A German company has a subsidiary in Canada and wants to transfer its general manager to Canada for two years to manage the Canadian operation. If the manager has worked for the German company for at least one year and the companies have the necessary business relationships, ICT may be an appropriate option.

The same company has an international exchange program: employees regularly move between offices in different countries, and Canadian employees are also sent on business assignments abroad. In this case, C20 could be considered, as the company can demonstrate mutual employment opportunities.

Similarities between the programs

Neither C20 nor ICT requires LMIA. However, the Canadian employer must typically submit a job offer through the employer portal and pay employer compliance fees before submitting a work permit application.

Both programs are typically tied to a specific employer. This means a person can only work for the employer specified on the permit. Additionally, neither option guarantees approval. The company and employee must provide documentation confirming that they meet all requirements.

How to choose between C20 and ICT

The choice depends on the situation. ICT is more suitable when an experienced employee is transferred to a related Canadian company for a managerial, senior management, or specialized knowledge position. C20 can be considered when the company has a genuine international staff exchange system and can prove that Canadians receive similar opportunities to work abroad.

Choosing the correct category is very important. Using an incorrect exemption code or providing insufficient supporting documentation can result in a refusal. It is recommended to obtain professional advice before submitting an application.