R205(a) exemption codes: C61, C62 and C63 (C12 deleted)
Intra-company transferees are exempt from a Labour Market Impact Assessment under paragraph 205(a) of the Immigration and Refugee Protection Regulations (R205(a), significant benefit to Canada). On 2025-10-03 IRCC deleted the program delivery instructions for the former exemption code C12. ICT applications under R205(a) use three codes:
- C61: employees transferred to establish a new Canadian enterprise (start-up);
- C62: executives and senior or functional managers;
- C63: specialized knowledge workers.
Source: IRCC: Deletion of C12 instructions (2025-10-03); IRCC: LMIA exemption codes, checked 2026-10-18.
Qualifying relationship, 1-year employment and worker categories
The Canadian and foreign enterprises must have a qualifying parent, subsidiary, branch or affiliate relationship defined by ownership and control; supplier, client, licensing, franchising, minority shareholding or board-seat arrangements do not qualify.
- 1 year of continuous full-time employment: the transferee must have been employed continuously full time by the foreign enterprise in a similar position for at least 1 year within the 3-year period immediately preceding the initial application.
- C61 start-up requirement: the foreign enterprise must already be an existing multinational corporation with revenue-generating operations in at least 2 countries before establishing the Canadian business; a controlling owner starting a new company without a multinational enterprise is not eligible as an ICT. Physical premises must be secured or in the process of being secured, supported by a staffing and business plan.
- C62 executives and managers: direct the management of the organization or a major function; a first-line supervisor is not considered a manager unless the supervised employees are professionals.
- C63 specialized knowledge: requires both advanced proprietary knowledge and advanced expertise, and the Canadian wage must meet or exceed the regional prevailing wage for the occupation.
Source: IRCC: Intra-company transferees (R205(a)), C61, C62 and C63, checked 2026-10-18.
Duration caps, spousal open work permits and Express Entry CRS
- Initial permits, renewals and caps: C61 start-up permits are issued for up to 1 year, and extensions under C61 are normally not approved unless circumstances beyond the applicant's and employer's control justify a single 6-month extension before moving to C62 or C63. C62 and C63 initial permits are issued for up to 3 years, with renewals of up to 2 years, up to a cumulative cap of 7 years for executives and managers or 5 years for specialized knowledge workers.
- Spousal open work permit: since 2025-01-21, a spouse is eligible for an open work permit only if the principal ICT worker is in a TEER 0 or TEER 1 occupation or a listed TEER 2 or TEER 3 occupation and has at least 16 months remaining on their work permit (see spousal open work permit rules).
- Express Entry CRS: the current CRS grid awards no points for a job offer (formerly 200 or 50 points); IRCC has announced that on 2026-11-03 it will update how Canadian work experience and job offers are scored under Express Entry.
Source: IRCC: Intra-company transferees instructions; IRCC: Open work permits for spouses of foreign workers; IRCC: CRS criteria, checked 2026-10-18.