How a Tech Founder Moved to Canada to Launch a Canadian Subsidiary Using an Intra-Company Transfer.

Yes — a founder of a foreign company can move to Canada to open and lead a Canadian branch of that business, without an LMIA, using an intra-company transfer work permit. We recently helped a technology founder do exactly that. His company builds AI software for the trucking industry, and he needed to relocate from Central Asia to Ontario to set up and run the group’s new Canadian subsidiary.

We prepared his application under section 205(a) of the Immigration and Refugee Protection Regulations, using the LMIA-exempt category for intra-company transferees who come to establish a new business in Canada (exemption code C61, executive capacity). IRCC approved the work permit. This is how we built the file, the hurdles we planned around, and what other founders can learn from it.

Key Takeaways

• An intra-company transfer (ICT) lets a senior executive move to Canada to open a new office for a related foreign company — no LMIA required.
• The C61 “start-up” work permit is issued for one year only and cannot be extended, so the first 12 months must show real business activity, not just plans.
• A strong file rested on a genuine corporate relationship between the companies, a true executive role, committed capital (about CAD $140,000 in Year 1), a signed Ontario lease, and confirmed Canadian customers.
• IRCC also had to be satisfied the move was temporary and that it brings a significant benefit to Canada.
• The lesson for founders: this permit rewards proof of real, imminent operations. A polished business plan on its own is not enough.

Background: A Growing Tech Company Ready to Enter Canada

Our client was the co-founder and CEO of a fast-growing software company. The group builds AI-powered transportation management software that automates dispatching, fleet management, compliance, and back-office work for trucking and logistics companies.

The group is structured across three countries. The parent company is incorporated in the United States and headquartered in Chicago. A wholly-owned subsidiary in Central Asia serves as the group’s research and engineering hub, and our client held the role of CEO and Director there. By early 2026 the company was serving hundreds of North American carriers and had closed a USD $12 million Series A financing round.

The founder wanted to open a dedicated Canadian company in Ontario and relocate to lead it as CEO and Managing Director. On paper this was a natural next step. As an immigration matter, it raised several real challenges.

What made this case difficult?

• The Canadian company was brand new, with no operating history. “New office” cases receive closer scrutiny from IRCC.
• The C61 permit lasts only one year and cannot be extended, so we had to prove the business would genuinely operate — and hire — within that first year.
• We needed to prove a qualifying corporate relationship between three entities in three different countries.
• We had to show the founder’s role was truly executive under IRCC’s definition, not a title on paper.
• We had to demonstrate the transfer was temporary and that the founder had strong reasons to leave Canada at the end of his stay.

Our Approach: Building an Evidence-First File

Immigration to Canada as a business owner can feel complicated, especially when a company spans several countries. Our job was to turn a complex corporate story into a clear, well-documented application that answered every question an officer might ask. We worked through six building blocks.

1. Confirming the right pathway

Founders often have more than one option. The two most common are the C11 entrepreneur work permit, for owner-operators of a Canadian business, and the intra-company transfer, for executives of a multinational group opening a related company in Canada. Because our client already ran a genuine multinational group with a real foreign operation and a qualifying corporate link to the new Canadian entity, the intra-company transfer was the stronger and more natural fit.

2. Proving the qualifying relationship

The ICT category requires that the Canadian and foreign companies be related — for example, as parent and subsidiary, or as two affiliates owned by the same parent. We assembled the ownership records showing that both the foreign operating company and the new Canadian company were wholly owned by the same US parent. That made them affiliates, which satisfies the relationship requirement under the Regulations.

3. Documenting one year of executive experience

The applicant must have worked full-time in a similar executive or senior role for at least one year in the three years before applying. We proved continuous full-time employment at the foreign affiliate using the labour contract and official wage records showing salary paid month after month.

4. Framing the executive role

IRCC treats a role as “executive” when the person directs the company, sets its goals and policies, exercises wide decision-making authority, and reports only to a board or owners. We mapped the founder’s Canadian responsibilities against each of these four tests — from setting the market-entry strategy and budget to approving key hires and major contracts — and showed he would report only to the parent company’s board.

5. Showing the new business would really operate

This is where many start-up ICT cases fail. Because the permit runs for just one year, we had to prove the Canadian company would become active quickly. The file included:

• Committed parent-company capital of about CAD $140,000 for Year 1, drawn from the closed Series A round, with roughly CAD $350,000 more planned for Year 2.
• A signed commercial lease for office space in Vaughan, Ontario.
• Two existing Canadian carrier clients already served through the US parent, ready to transition to the Canadian company on arrival — meaning revenue from Year 1.
• A staged hiring plan: one Canadian hire in the first year, growing to seven Canadian employees by 2028.
• Proof that the foreign operations would keep running throughout the assignment, which the rules require.

6. Demonstrating significant benefit to Canada

A work permit under R205(a) must show a significant benefit to Canada. We set out concrete, documented benefits rather than general claims: foreign direct investment of roughly CAD $490,000 over two years; new jobs for Canadian citizens and permanent residents; introduction of an AI logistics platform to Canadian trucking businesses; and tax contributions (GST/HST and payroll) from the first year. We tied each benefit back to the business plan and financial projections.

7. Addressing temporary intent

Finally, we showed the move was temporary. The founder’s spouse and two young children were staying in his home country, and the foreign company confirmed in writing that his executive position would remain open for his return. Together, these facts supported his intention to leave Canada at the end of the authorized stay.

The Result: Work Permit Approved

IRCC approved the one-year intra-company transfer work permit under R205(a), C61, in executive capacity. The founder is relocating to Ontario to establish and lead the group’s Canadian subsidiary as CEO and Managing Director.

The Canadian company was incorporated in May 2026, the application was filed in early June 2026, and the permit was approved the same summer. Because the C61 start-up permit cannot be extended, we mapped the follow-on strategy from the very beginning — so the founder knows how to move toward a longer-term work permit and permanent residence once the Canadian business is up and running.

The one lesson for founders: the start-up intra-company transfer rewards evidence of real, imminent operations — committed money, a real address, real clients, and a real hiring plan. Officers look past a polished business plan for proof the business will actually run in Year 1. Build that proof before you file.

Frequently Asked Questions

What is a C61 intra-company transfer work permit?

It is an LMIA-exempt work permit under section 205(a) of the Immigration and Refugee Protection Regulations. It lets an executive, senior manager, or specialized-knowledge employee of a foreign company transfer to a related Canadian company. C61 is the specific code used when the transfer is to establish a new business in Canada.

Can a startup founder move to Canada to open a subsidiary?

Yes. If the founder is a senior executive of a genuine foreign company, and that company opens a qualifying related company in Canada, the founder can usually apply through the intra-company transfer stream. The founder must have worked full-time in a similar role for at least one year in the previous three years, and the new Canadian business must be set up to operate, not exist only on paper.

How long does the C61 start-up work permit last?

The start-up (new business) intra-company transfer permit is issued for a maximum of one year and cannot be extended under the same code. That is why the first year has to show real operations. Founders usually plan a transition to another work permit or to permanent residence before the year ends.

Do I need an LMIA for an intra-company transfer?

No. The intra-company transfer is exempt from the Labour Market Impact Assessment process. You still have to prove the qualifying corporate relationship, the executive or specialized role, and — for a start-up — that the new Canadian business will genuinely operate.

In Summary

This founder moved to Canada to build a Canadian arm of his technology company through an intra-company transfer, without an LMIA. The application succeeded because it was built on evidence: a real corporate group, a genuine executive role, committed capital, a signed lease, confirmed clients, a hiring plan, and clear ties home. If you run a company abroad and want to open in Canada, the same evidence-first approach is what turns a plan into an approval.

Thinking about opening your business in Canada? Book a 1-hour strategy meeting with our team and we will map the right work-permit pathway for your situation.

About the Author

Feruza Djamalova is a Senior Business Immigration Lawyer and Barrister & Solicitor at Sobirovs Law Firm (LSO No. 60068U). She and the firm’s team help entrepreneurs, executives, and growing companies move to and expand in Canada through business immigration programs, including intra-company transfers, C11 entrepreneur work permits, the Start-Up Visa, and Provincial Nominee entrepreneur streams.

Disclaimer: This success story is provided for general information only and is not legal advice. Immigration law and IRCC policy change often. For advice about your own situation, speak with a licensed immigration lawyer.

Confidentiality note: Names, identifying details, and certain figures have been modified or generalized to protect client confidentiality.