Expand Business to Canada: The C61 ICT Work Permit Guide

For international companies looking to expand their business into North America, Canada offers a well-known option through the Intra-Company Transferee (ICT) work permit (Category C61) — an LMIA-exempt pathway under the International Mobility Program (IMP).

What is the ICT “New Office” Work Permit (C61)?

The C61 category is commonly used when a foreign company or international enterprise is looking to establish a new Canadian operation and needs to transfer key personnel (typically an executive or senior manager) to set up the business.

Compared to transfers into an already-operating Canadian entity, “new office” applications are often reviewed more closely because officers must be satisfied that the Canadian operation will become a real and active business.

If you are planning to launch a Canadian subsidiary, it is important to understand how C61 differs from a standard ICT transfer and what a strong extension or renewal package typically looks like.

Year One: Establishment Period (Initial Duration)

A key difference with C61 “new office” ICTs is that the initial work permit is commonly issued for a shorter period (often up to about 12 months) to allow the Canadian operation to become an established entity. 

Think of this as a probationary period. Officers generally expect evidence that the business is progressing beyond incorporation toward operational readiness and active commercial activity.

Immigration, Refugees and Citizenship Canada (IRCC) grants this year to allow the business to become operational. By the end of the year, the expectation is not just that the office is open, but that it is actively “doing business” and hiring locally.

Premises and Work Location: Show a Real Operating Footprint

In this day and age of remote work, many business owners and entrepreneurs assume they can easily launch their Canadian branch using a virtual office, a P.O. Box, or a home address. That is not the case for those looking to apply under the C61 exemption.

To qualify, the Canadian operation must secure physical commercial premises. IRCC officers need to see concrete evidence that the new branch will be a tangible business entity that actually operates in Canada, not just a shell company existing on paper.

With the increased emphasis on work location, C61 applications should be supported with clear evidence of where business operations will occur in Canada. Purely virtual arrangements can be a common weakness unless the business model, industry norms, and evidence convincingly support it.

Helpful evidence may include:

• Commercial premises evidence (e.g., executed lease, sublease or coworking agreement, or documented negotiations), and an explanation of why the space fits the business model
• Operational proof tied to that location (e.g., insurance, utilities or internet setup, photos, signage plans, fit-out plans, inventory or equipment delivery, etc.)
• Work location consistency in the offer of employment and supporting documents

Financial Capacity: Show You Can Fund the Launch

Because a new Canadian office may take time to generate revenue, officers typically assess whether the foreign enterprise has the resources to fund the start-up phase of the Canadian office, including payroll and overhead, and whether the plan is commercially credible.

Strong packages often include:

• Parent company financials and bank statements that demonstrate liquidity
• A budget or forecast for Canadian start-up costs and operating runway
• Evidence of initial capitalization or available funding for the Canadian entity (where applicable)

Renewal Strategy: Moving from C61 to C62/C63

For extensions, the focus is usually whether the Canadian entity is actively operating and whether the transferee is performing duties consistent with the claimed level (executive or manager under C62, or specialized knowledge under C63), rather than continuing in “new office” mode indefinitely.

A strong extension or renewal package often includes:

• Proof the Canadian business is actively doing business (contracts, invoices, client deliverables, payroll records, corporate filings, bank activity, etc.)
• Evidence that the transferee is functioning at the executive or managerial level (organizational chart, delegated responsibilities, meeting minutes, hiring or management activity, etc.)
• Hiring progress or a documented staffing plan aligned with the scale and stage of the operation (recognizing that staffing timelines can vary by industry and business model)

Staying Compliant: “Doing Business” and the Qualifying Relationship

Recent policy tightening has reinforced that ICTs are intended for temporary business needs and that the foreign and Canadian entities must maintain the qualifying relationship (e.g. parent, subsidiary, branch, or affiliate) throughout the transfer. It also underscores the importance of demonstrating that the enterprise is genuinely operating — not a passive presence.

Get a Strategic Head Start with Nihang Law

Launching a new branch or office in Canada involves moving parts that go beyond simple immigration forms. It requires a coordinated business and legal strategy. 

From securing the right commercial lease to structuring your Year 1 staffing plan for a successful renewal, mistakes early on can jeopardize your long-term status.

At Nihang Law, we specialize in helping international companies establish their footing on Canadian soil. If you are ready to expand your business borders to Canada, contact us for a new office ICT strategy consultation.