Avoiding Refusals in ICT Work Permit Applications: Lessons from Gharibdoust v. Canada (Citizenship and Immigration), 2025 FC 1540
The Intra-Company Transferee (ICT) work permit gives multinational companies a way to transfer employees to a Canadian branch without needing a Labour Market Impact Assessment (LMIA). Because of this exemption, it is one of the most attractive business immigration routes for entrepreneurs, executives, and specialized knowledge workers.
However, while the process is streamlined, it is also technical. Recent case law shows that applications can fail quickly when requirements are not addressed with precision.
Case Law Spotlight: Gharibdoust v. Canada (Citizenship and Immigration), 2025 FC 1540
In this Federal Court decision, the officer’s refusal of an ICT application was upheld. The outcome demonstrates how strict and technical the ICT program is. Good intentions, personal credibility, or even personal wealth cannot substitute for solid evidence. Instead, officers rely on Immigration, Refugees and Citizenship Canada’s (IRCC) Operational Manuals, which outline specific criteria and documentation.
Key Suggestions for ICT Applicants
1. Show Relevant Professional Experience
Applicants must prove that their expertise directly supports the Canadian business they plan to lead or join. General industry references or company-level achievements will not suffice.
-
Submit a detailed CV.
-
Attach educational certificates and professional licenses, if required.
-
Provide reference letters describing your specific role in the parent company.
-
Add proof of professional expertise aligned with the Canadian entity’s planned activity.
2. Prove an Employer–Employee Relationship
Ownership alone is not enough. To qualify, you must demonstrate that the foreign parent company controls your work and responsibilities.
-
Supply signed employment contracts.
-
Provide pay slips, tax slips, and bank statements showing salary deposits.
-
Demonstrate accountability to the parent company rather than acting solely as an owner.
3. Demonstrate Corporate Financial Strength
IRCC focuses on whether the company itself can sustain operations in Canada. Personal wealth will not replace corporate evidence.
-
Submit audited corporate financial statements.
-
Provide bank statements confirming liquidity.
-
Attach corporate tax filings and registration documents.
-
Present proof that the company, not the individual, funds the expansion.
4. Build a Solid Business Plan for Canada
A generic business plan will not succeed. Instead, the Canadian branch must appear sustainable, realistic, and beneficial to Canada.
-
Include detailed financial projections backed by evidence.
-
Support claims with tailored market research.
-
Highlight how your professional expertise drives the Canadian branch’s growth.
-
Show how the venture will create Canadian jobs or training opportunities.
5. Provide Evidence of “Significant Benefit”
Officers must be convinced that your presence benefits Canada socially, culturally, or economically.
-
Share contracts, MOUs, or letters of intent with Canadian clients.
-
Present evidence of planned job creation or employee training.
-
Add endorsements from industry experts or media coverage supporting your business idea.
ICT Work Permit Application Checklist
✔️ Relevant experience (direct, proven, documented)
✔️ Employer–employee relationship (beyond ownership)
✔️ Corporate financial documents (not personal funds)
✔️ Strong, tailored business plan for Canada
✔️ Concrete proof of significant benefit
A quick eligiblity criteria table
Criteria | Requirements | Practical Evidence to Provide |
---|---|---|
Employee Tenure | At least 1 year of full-time employment in the preceding 3 years with the foreign company | • Employment contract(s) • Pay slips or salary records • HR letter confirming role & duration • Tax records or social insurance contributions |
Employee Position | Must be Executive, Senior Managerial, or possess Specialized Knowledge | • Detailed job description • Organizational chart showing position • Reference/confirmation letters • Proof of specialized knowledge (patents, technical certifications, training records) |
Company Relationship | Qualifying relationship between companies: Parent, Subsidiary, Branch, or Affiliate | • Articles of incorporation (foreign & Canadian) • Shareholder/ownership documents • Subsidiary registration filings • Corporate structure chart |
Business Activity | Both the foreign and Canadian entities must be actively doing business (producing goods or providing services) | • Invoices, contracts, or service agreements • Proof of ongoing operations (website, marketing, client lists) • Tax filings, payroll records, lease agreements |
LMIA Requirement | Exempt under the International Mobility Program provisions (ss 205(a) IRPR) | • Cite C-12 (standard ICT) Reference to IRCC Operational Manual section • Cover letter highlighting LMIA exemption basis |
Pro tip for you:
The ICT pathway is powerful but not forgiving of weak evidence. Officers are guided by IRCC’s Operational Manuals, and the Federal Court has made it clear that applicants bear the burden of proof.
If you’re preparing an ICT work permit application, treat it as a corporate case, not a personal one. Back up every claim with program-compliant documentation. That is the best way to avoid refusal and set your Canadian expansion on solid ground.
Add Comment