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CIC Issues New Guidance Allowing Intra-Company Transferees to “Recapture” Time Spent Outside Canada

Citizenship and Immigration Canada (CIC) has issued a new guidance to immigration officers advising them that documented time spent by Intra-Company Transferees (ICTs) outside Canada during the period their work permits are valid can be “recaptured” to allow ICTs to work in Canada for the full length of their permits as calculated by their physical presence in Canada.
Under current regulations and guidelines, after ICTs reach their maximum work permit duration (five years for specialized knowledge workers, seven years for executives and managers), they are required to complete one year of full-time employment in the company outside Canada before they can re-apply as an ICT.

Under the new guidance, time spent outside Canada, that is documented, can be “recaptured”, i.e., will not count against the maximum time limit the ICT may work in Canada. ICTs will therefore be permitted to work in Canada for the full length of their permits as calculated by their physical presence in Canada.

For further information on the rules and requirements applicable to Intra-Company Transferees under CIC’s Temporary Foreign Worker Program, please contact the immigration law specialists at Green and Spiegel LLP.