Work without LMIA

Comprehensive economic and Trade agreement (CETA)

The Comprehensive Economic and trade Agreement (CETA) facilitates entry to Canada for certain business visitors, investors, intra-company transferees, service providers, and independent professionals.

CETA is a free trade agreement between Canada and the European Union (EU), and its member states.

CETA establishes four situations wherein an EU citizen may be eligible for facilitated access to Canadian work authorization:

• CETA Business Visitors
• CETA Intra-Company Transferees
• CETA Investors
• CETA Contractual Service Suppliers and Independent Professionals

Business Visitors

Business visitors under CETA are eligible for short-term entry to Canada without a work permit or a Labour Market Impact Assessment (LMIA). Business visitors are authorized for a maximum of 90 days in any six month period. CETA business visitors may seek multiple entries to Canada for a series of regular visits pertaining to a specific project. Under CETA, there are two categories of business visitors:

1. Business visitors for investment purposes:This category refers to employees in managerial or specialist positions who are responsible for setting up an enterprise. Business visitors in this category may not engage in direct transactions with the general public, nor may they receive remuneration from a Canadian source.
2. Short-term business visitors:This category refers to business visitors who enter Canada to perform one of the permissible activities listed below. Short-term business visitors cannot engage in selling goods or services to the general public or receive remuneration from a Canadian source.

Intra-company transferees

In order to be eligible for the LMIA-exemption, intra-company transferees must meet the following general criteria:

• Must have been employed by, or partners in, an enterprise located in an EU nation for at least one year
• Must be temporarily transferred to a Canadian enterprise with one of the following relationships to the EU enterprise: subsidiary, parent, branch, or head company.

In addition to the general criteria, intra-company transferees are divided into three categories, each encompassing its own specific requirements:

• Senior Personnel:Equivalent to the “executive capacity” position under the North American Free Trade Agreement (NAFTA). Eligible for a work permit of up to 3 years with a possible extension of a maximum of 18 months.
• Specialists: Equivalent to the “specialized knowledge” positions under NAFTA. Eligible for a work permit of up to three years with a possible extension of a maximum of 18 months.
• Graduate Trainees:Must possess a university degree and be temporarily transferred to an enterprise in Canada for career development or business training. Eligible for a work permit of up to 1 year with no possibility for extension.

Investors

In order to meet the CETA eligibility requirements for investors, an applicant must meet the following criteria:

• Involved with the establishment, development, administration, or operation of an investment in a capacity which is supervisory or executive;
• Must be the investor;
• Must be employed by an enterprise which has committed previously, or is currently committing, a substantial amount of capital in Canada.

Investors will be assessed using the criteria for investors described in the North American Free Trade Agreement (NAFTA). Investors approved through CETA may be issued LMIA-exempt work permits for a maximum of one year, with possible extensions at the discretion of a visa officer.

Contractual Service Supplies and Independent Professionals

CETA facilitates the entry to Canada of certain service suppliers and independent professionals.

Intra Company Transfer

Foreign businesses with a parent company, branch, subsidiary or affiliate in Canada have the option to bring key employees from overseas to Canada through the intra-company transfer program.

Work permits acquired through this program are exempt from the requirement to obtain a LMIA. Although LMIA-exempt, workers, and employers who utilize the Intra-company transfer program must comply with all provisions governing temporary work in Canada, including obtaining a temporary resident visa, if applicable.

Transferee must have at least 1 year of full-time work experience with the foreign enterprise and be coming to Canada to perfume comparable work for the Canadian affiliate. Work in Canada must fall under one of three categories:

1. Executive

An employee who primarily directs the management of the enterprise or a major component thereof.

2. Senior managerial

An employee who manages all or part of the enterprise and supervises/controls the work of other managers or professional employees.

3. Specialized knowledge.

An employee who can demonstrate specialized knowledge of the enterprise’s product or service or an advanced level of expertise in the enterprise’s processes and procedures.

In order for the foreign worker to receive a work permit, the Canadian business will have to demonstrate a qualifying relationship with its foreign counterpart, as well as a qualifying relationship with its employee.

Foreign businesses wishing to establish a Canadian enterprise may use the intra-company transfer program to bring critical workers to the country for start-up operations.

USMC (NAFTA) Work Permit

Under the NAFTA, American and Mexican citizens may be eligible for Facilitate processing when applying for a Temporary work permit in Canada.

Work permits under the provisions of NAFTA do not usually require a LMIA.

Although LMIA-exempt, workers, and employers who use the NAFTA program must comply with all provisions governing temporary work in Canada.

Because American and Mexican citizens do not require a Temporary Resident Visa to enter Canada, applications for a NAFTA work permit may be done at a port of entry, or at a visa office, either online or by paper.

There are various categories of temporary work covered under NAFTA:

NAFTA Professionals

The NAFTA Professionals provision provides the opportunity for professional workers to apply for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). In order to be eligible under this provision, the worker must have work experience in one of the NAFTA Professionals List of Occupations and have an offer of employment to practice the profession with an employer in Canada.

NAFTA Intra-Company Transfers

Under NAFTA, in some circumstances, a citizen of the United States or Mexico may transfer from within their enterprise to an enterprise located in Canada. In transferring to the Canadian enterprise, the employee will be exempt from needing a Labour Market Impact Assessment (LMIA), though they will be required to apply for a Canadian work permit. In order to qualify for this program, both the employee and the enterprise must meet certain requirements.

NAFTA Investors

Under NAFTA, some American and Mexican investors are eligible to apply for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). In order to qualify for this LMIA-exemption, an investor must have committed, or is intending to commit, to investing a substantial amount of capital in Canada. As well, the investor’s enterprise must be American or Mexican in terms of nationality.

NAFTA Traders

Under NAFTA, some American and Mexican traders are eligible to apply for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). In order to qualify for this LMIA-exemption, a trader must demonstrate their involvement in the substantial trading of goods or services principally carried out between the United States or Mexico, and Canada. As well, the investor’s enterprise must be American or Mexican in terms of nationality.

NAFTA Business Visitors

Under NAFTA, some American and Mexican businesspeople are eligible to enter Canada to temporarily engage in international business activities without requiring a Canadian work permit nor a Labour Market Impact Assessment (LMIA). In order to be eligible as a business visitor, a person must be carrying out business activities which are international in scope. The business visitor must maintain that their primary source of remuneration and principal place of business is outside of Canada. The business visitor cannot have any intention to enter the Canadian labour market.

If you need more information about this program, please do not hesitate to get in touch today at info@dhunnaimmigration.ca