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In accordance with the terms of the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union, work permits are currently granted to EU nationals by Canada. September 2017 saw the implementation of the accord. It also describes the requirements for work permits for EU nationals wishing to work in Canada and vice versa. This article sheds more light on the requirements and how to go about it.
CETA Work Permits For Canada
Many EU nationals can now apply for a work visa to Canada through CETA without having to complete a Labor Market Impact Assessment (LMIA). This implies that EU citizens will not be granted a preference over Canadian residents for a position for which they are also qualified. An EU national may fall under one of five criteria under CETA to be eligible for streamlined Canadian work authorization without having to get an LMIA. They include:
CETA Business Visitors
CETA Investors
CETA Intra-Company Transferees
CETA Contractual Service Suppliers and Independent Professionals
CETA Work Permits For Engineering and Scientific Technologists
CETA Business Visitors
Under CETA, business travelers can enter Canada for a brief period of time without a work permit or a Labour Market Impact Assessment (LMIA). A maximum of 90 days may be spent by business visitors in any given six-month period. Visitors entering Canada under the CETA may apply for multiple entries in order to make a series of frequent visits related to a particular project. There are two types of business visitors under CETA:
Business visitors for investment purposes
Workers in managerial or specialized roles who are in charge of starting a business fall into this category. This category of business travelers is restricted from conducting business directly with members of the public and is not permitted to accept payment from Canadian sources.
Short-term business visitors
Those who come to Canada on business and engage in any of the following authorized activities fall under this category. It is not permitted for short-term business visitors to sell products or services to the general public or accept payment from a Canadian source.
Activities Allowed to Business Visitors
Meetings and consultations
Design and research
Marketing research
Marketing seminar
Interpretation and translation
Sales (not a direct sale to the public at large)
Acquiring
After-purchase or after-lease support
Exhibitions and trade shows
Business dealings
Work in the tourism industry and associated activities
Limitations for Business Travelers of CETA
They are not eligible to get payment from Canadian sources, either directly or indirectly.
They are not permitted to provide any services that are not included in Annex 10-D.
The general public cannot purchase an item or service from them.
CETA Investors
Investors from EU member states may be able to get a work visa in Canada under the terms of CETA without needing to complete a Labour Market Impact Assessment (LMIA). An applicant must fulfill the following requirements in order to be eligible for CETA for investors:
Involved in the creation, growth, management, or operation of an investment in an executive or supervisory role;
Must be the investor;
Must work for a company that has made a significant capital commitment in Canada in the past or is making one now.
The North American Free Trade Agreement’s (NAFTA) investor criteria will be applied when evaluating investors. LMIA-exempt work permits for a maximum of one year, with potential extensions at the discretion of a visa officer, may be granted to investors recognized by CETA. Those who would like to apply for a CETA work permit without having to submit an LMIA can do so by following the CETA permit application processes.
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CETA Intra-Company Transferees
Intra-company transferees of businesses based in EU countries may be able to get a Canadian work permit under CETA without needing to complete a Labour Market Impact Assessment (LMIA). For intra-company transferees to qualify for the LMIA-exemption, they need to fulfill the subsequent general requirements:
Must have worked for or been partners in a company in an EU member state for a minimum of one year.
must be temporarily transferred to a Canadian firm that has a parent, branch, subsidiary, or head company tie to the EU corporation.
Intra-company transferees are separated into three categories, each with unique requirements, in addition to the general criteria:
Senior Personnel: According to the North American Free Trade Agreement (NAFTA), this job is equivalent to “executive capacity.” qualified for a three-year work permit, renewable for a maximum of eighteen months.
Specialists: NAFTA’s version of the “specialized knowledge” positions. qualified for a three-year work permit, renewable for a maximum of eighteen months.
Graduate Apprentices: must be temporarily transferred to a Canadian company for professional advancement or business training, and hold a university degree. able to obtain a work permit for a maximum of one year, with no chance of renewal.
Those who wish to apply for a CETA work permit without having to submit an LMIA can do so by following the CETA permit application processes.
CETA Contractual Service Suppliers and Independent Professionals
A Labour Market Impact Assessment (LMIA) may not be necessary for some independent professionals and contractual service providers who are EU citizens in order to get a work permit in Canada under the terms of the Comprehensive Economic and Trade Agreement (CETA). Contractual service providers and independent professionals must fulfill the following basic requirements (as well as the particular requirements outlined below) in order to be qualified for the LMIA-exemption:
Individuals who are citizens of a member state of the European Union who are temporarily providing a service for a maximum of one year
The service must be covered by one of the National Occupation Classifications (NOC) Codes listed in Canada’s CETA Commitments for Independent Professionals and Contractual Service Suppliers table.
Independent professionals and contractual service providers need to fulfill additional requirements in addition to the general requirements:
Contractual Service Providers: Workers from EU-based businesses who have a contract to provide a service to a Canadian customer. There cannot be a location for the EU firm in Canada. In addition to having at least one year of experience with the EU firm, the applicant must have at least three years of experience in the industry in which the service will be rendered.
Professionals working for themselves: An independent contractor hired to provide a service to a Canadian customer. Must be a reputable independent contractor with at least six years of experience in the field of work in which the service will be rendered.
Those who wish to apply for a CETA work permit without having to submit an LMIA can do so by following the CETA permit application processes.
CETA Work Permits For Engineering and Scientific Technologists
Scientists and engineers are the two groups into which technicians are divided by CETA. With the exception of the academic qualifications, scientific and engineering technologists must meet the same standards as we have previously covered for independent professionals and contractual suppliers.
Academic Criterion for Engineering Technologists
They must be graduates of a three-year postsecondary program from an engineering technology institute with formal recognition. The qualification will be seen as being on par with a university degree.
Academic Criterion for Scientific Technologists
A three-year post-secondary degree from an officially recognized institution in the fields of agriculture, architecture, chemistry, biology, forestry, physics, geology, geophysics, mining, or energy is required. This degree will also be treated as though it were from a university.
CETA Application Procedures
Applications for an LMIA-exempt work permit or for entry into Canada without a work permit (short-term business visitors) are accepted from foreign citizens covered by CETA at any Canadian port of entry (POE). Prior to departing, work permit applications may also be filed at the relevant Visa Application Center (VAC). An EU national may be allowed to apply for a work visa from within Canada if they are already a recognized temporary resident of the nation. Extensions of work permits granted under CETA are permissible at the immigration officer’s discretion. Transferees within the same company may request an extension for a maximum of 18 months. Extensions are not permitted for graduate trainees.
References
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://iasservices.org.uk/ca/work/canada-work-permit/%23:~:text%3DCETA%2520Work%2520Permits%26text%3DIf%2520you%2520are%2520a%2520citizen,Investors&ved=2ahUKEwjegIK6yqWDAxU6XUEAHbHbCMcQFnoECA4QBQ&usg=AOvVaw2iu3-ButB1L7yft2EEJKBZ
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