New ICT Changes

[dreamer7775]

Hi Everyone,

Need guidance on ICT extension, my Wp is due for renewal in Jan 2025 and as per latest guidelines for ICT, employer who doesn't have commercial premises are not eligible for ICT permits.
My employer only has virtual office and registered address. Any advise and this is applicable to new ICT applications or extensions as well?

https://www.gands.com/blog/2024/10/07/important-new-policy-guidance-for-intra-company-transfer-work-permits/

 

[scylla]

Hi Everyone,

Need guidance on ICT extension, my Wp is due for renewal in Jan 2025 and as per latest guidelines for ICT, employer who doesn't have commercial premises are not eligible for ICT permits.
My employer only has virtual office and registered address. Any advise and this is applicable to new ICT applications or extensions as well?

https://www.gands.com/blog/2024/10/07/important-new-policy-guidance-for-intra-company-transfer-work-permits/

I personally don't think it's clear and would recommend talking to an immigration lawyer. I haven't seen anything that indicates an effective date so that makes me think it applies to all including extensions.

 

[dreamer7775]

I personally don't think it's clear and would recommend talking to an immigration lawyer. I haven't seen anything that indicates an effective date so that makes me think it applies to all including extensions.

Thank you Scylla for clarification. This changes was just updated effective 10/3 and it seems it is applicable to extensions as well.

 

[scylla]

Thank you Scylla for clarification. This changes was just updated effective 10/3 and it seems it is applicable to extensions as well.

That's what it looks like to me. But you can certainly check with a lawyer.

 

[dreamer7775]

Hi Senior members @scylla and all senior members, I am assisting my employer in finding office space to support a Work Permit (WP) extension application under the Intra-Company Transfer (ICT) program. We are considering options like private offices, dedicated offices, or executive offices in shared facilities (e.g., Regus or similar providers). Could you clarify whether such spaces would meet compliance requirements under the latest ICT guidelines?

The IRCC guidance states:
"Businesses operating from non-commercial, co-shared premises, or residential locations, or virtual offices (e.g., using a mailing address in malls) will not qualify for ICT eligibility."

However, I couldn't find a detailed definition of "co-shared premises" or "spaces" on the IRCC website. Could you provide more clarity on this?

 

[YVR123]

Hi Senior members @scylla and all senior members, I am assisting my employer in finding office space to support a Work Permit (WP) extension application under the Intra-Company Transfer (ICT) program. We are considering options like private offices, dedicated offices, or executive offices in shared facilities (e.g., Regus or similar providers). Could you clarify whether such spaces would meet compliance requirements under the latest ICT guidelines?

The IRCC guidance states:
"Businesses operating from non-commercial, co-shared premises, or residential locations, or virtual offices (e.g., using a mailing address in malls) will not qualify for ICT eligibility."

However, I couldn't find a detailed definition of "co-shared premises" or "spaces" on the IRCC website. Could you provide more clarity on this?

I don't think they will post the exact meaning of co-shared premises. But I think Regus is known to provide shared office space. And I think that's what co-shared means.

 

[scylla]

Hi Senior members @scylla and all senior members, I am assisting my employer in finding office space to support a Work Permit (WP) extension application under the Intra-Company Transfer (ICT) program. We are considering options like private offices, dedicated offices, or executive offices in shared facilities (e.g., Regus or similar providers). Could you clarify whether such spaces would meet compliance requirements under the latest ICT guidelines?

The IRCC guidance states:
"Businesses operating from non-commercial, co-shared premises, or residential locations, or virtual offices (e.g., using a mailing address in malls) will not qualify for ICT eligibility."

However, I couldn't find a detailed definition of "co-shared premises" or "spaces" on the IRCC website. Could you provide more clarity on this?

Regus is a co-share premise. I don't know if there's a definition anywhere on the IRCC website however Regus and similar are by definition co-sharing. That's literally their business.

 

[YVR123]

Hi Senior members @scylla and all senior members, I am assisting my employer in finding office space to support a Work Permit (WP) extension application under the Intra-Company Transfer (ICT) program. We are considering options like private offices, dedicated offices, or executive offices in shared facilities (e.g., Regus or similar providers). Could you clarify whether such spaces would meet compliance requirements under the latest ICT guidelines?

The IRCC guidance states:
"Businesses operating from non-commercial, co-shared premises, or residential locations, or virtual offices (e.g., using a mailing address in malls) will not qualify for ICT eligibility."

However, I couldn't find a detailed definition of "co-shared premises" or "spaces" on the IRCC website. Could you provide more clarity on this?

Other than office space, there are other new requirements.

Will your company fit all the other requirements?

I google and saw some pretty good explanations online by different immigration law firms (and I can't and won't post them here)
To point out a few
You can return to work on your position after your temporary transfer in Canada is over (e.g. 1 year) and this stops US to park their employees who have expired work permits to work in Canada until they get the permits again.
And if the work can be done remotely, the company needs to explain why this specific work must be done in the office in Canada. Time zone difference is not a valid reason.
The nature of the temporary position is actually temporary and will not lead to de facto PR.
etc.

 

[dreamer7775]

Many companies are now operating in private or dedicated office spaces with providers like Regus, WeWork, and similar setups, especially post-COVID. These setups could potentially qualify under the IRCC’s ICT visa criteria, as long as they meet the requirements.

Co-Shared Premises generally refers to spaces where businesses do not have exclusive, clearly defined areas. These types of spaces are not likely to qualify under the ICT guidelines because they may lack sufficient distinction or permanence.

However, Private/Dedicated Offices could qualify if:

• The office is exclusively allocated to your employer (i.e., not hot-desking or temporary).
• The space is a legitimate commercial setup, supported by lease agreements, business signage, and other proof of operational activity.

I’m unsure if I need to advise my employer to consider a small shop or office space in a plaza for 3-5 people to ensure compliance. Would that be necessary, or could a private office within a co-working facility still be a viable option as long as it meets these requirements?

 

[dreamer7775]

Other than office space, there are other new requirements.

Will your company fit all the other requirements?

I google and saw some pretty good explanations online by different immigration law firms (and I can't and won't post them here)
To point out a few
You can return to work on your position after your temporary transfer in Canada is over (e.g. 1 year) and this stops US to park their employees who have expired work permits to work in Canada until they get the permits again.
And if the work can be done remotely, the company needs to explain why this specific work must be done in the office in Canada. Time zone difference is not a valid reason.
The nature of the temporary position is actually temporary and will not lead to de facto PR.
etc.

Hi,

yes my company is MNC and meet all other requirements as they have limited staff presence in canada, as they are HQ in USA.

They meet all other requirements like MNC, I am an ICT from India and can show that my position is still available back in India. My work can be done remotely but they are okay to take private officae space as i am handling canadian client operations and they are not planning to show me remote in my extension application. Handling Client operations, service delivery and managing team size of 15 teams members, globally.

 

[scylla]

Many companies are now operating in private or dedicated office spaces with providers like Regus, WeWork, and similar setups, especially post-COVID. These setups could potentially qualify under the IRCC’s ICT visa criteria, as long as they meet the requirements.

Co-Shared Premises generally refers to spaces where businesses do not have exclusive, clearly defined areas. These types of spaces are not likely to qualify under the ICT guidelines because they may lack sufficient distinction or permanence.

However, Private/Dedicated Offices could qualify if:

• The office is exclusively allocated to your employer (i.e., not hot-desking or temporary).
• The space is a legitimate commercial setup, supported by lease agreements, business signage, and other proof of operational activity.

I’m unsure if I need to advise my employer to consider a small shop or office space in a plaza for 3-5 people to ensure compliance. Would that be necessary, or could a private office within a co-working facility still be a viable option as long as it meets these requirements?

See the second bullet. That essentially answers your questions. You need to have a lease agreement in place (so that presumably would be for at least a year) and company branding / signs at that location. Regus does offer spaces like that but then you're essentially renting an office location from them like you would from anyone else.

This location needs to be set up and function as a commercial location for your company. So that would mean a company branded location that is listed on the company website and which clients can visit. That's what this should look like.

 

[YVR123]

Hi,

yes my company is MNC and meet all other requirements as they have limited staff presence in canada, as they are HQ in USA.

They meet all other requirements like MNC, I am an ICT from India and can show that my position is still available back in India. My work can be done remotely but they are okay to take private officae space as i am handling canadian client operations and they are not planning to show me remote in my extension application. Handling Client operations, service delivery and managing team size of 15 teams members, globally.

So your job is remote but they will hide that from IRCC?
Are you handling exclusive clients in Canada and managing a team in Canada? If not how are they going to show the "bold section" in the requirement?

"And if the work can be done remotely, the company needs to explain why this specific work must be done in the office in Canada."

I think scylla described the office space requirement in the post above.

 

[dreamer7775]

Yes, that whats we are planning to have dedicated space from Regus and will do lease agreement, will try to convice them to do for year an year atleast. But i just wanted to make sure if we can go ahead with this kind of setup before spending time with employer.

 

[scylla]

Yes, that whats we are planning to have dedicated space from Regus and will do lease agreement, will try to convice them to do for year an year atleast. But i just wanted to make sure if we can go ahead with this kind of setup before spending time with employer.

These rules are new and none of us here are immigration lawyers. So no one here is going to be able to tell you for sure that this kind of set up is going to work. This isn't the place to make sure on a question like this. Suggest getting a consult with a good immigration lawyer.