Work Permits for Citizens of the E.U.
International Mobility Program: Temporary Work Permits Under CETA
As part of the Canadian International Mobility Program, and effective September 21, 2017 the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) facilitates entry for EU citizens into Canada and removes the requirement for Labour Market Impact Assessments for key personnel, intra-company transferees, investors, business visitors, contractual service suppliers, and independent professionals.
CETA BUSINESS VISITORS
Short term business visitors as well as business visitors for investment purposes from the European Union (EU) can enter Canada for a maximum length of stay of 90 days in any six month period.
A Visitor Record is recommended for CETA business visitors to facilitate entry especially if they plan to enter Canada on numerous visits related to a specific project.
Under CETA, business visitors can engage in various activities, meaning they can enter Canada for different business purposes such as meetings and consultations, research and design, training seminars, research and design, marketing research, trade fairs and exhibitions, sales negotiations, purchasing, after-sales or after-lease service, tourism personnel, translation and interpretation. However, business visitors cannot be selling goods and services to the public, receive remuneration from Canadian sources, or supply services except as specified in the CETA regulations.
BUSINESS VISITORS FOR INVESTMENT PURPOSES
Business visitors for investment purposes can enter Canada under CETA temporarily if they are employees in a managerial or specialist position in charge of establishing an enterprise without engaging directly with the Canadian general public. Such visitors are not allowed to receive compensation from Canadian sources or employers.
Under CETA investors from the EU, their executives, and employees can enter Canada and stay up to one year, with possible extension, if they intend to establish, develop, or administer the operation of an investment or enterprise with substantial amount of capital.
Senior personnel, specialists, and graduate trainees from the EU are eligible to apply for employment in Canada under CETA, and are considered intra-corporate (company) transferees (work permit required/LMIA exemption code T44). Two important conditions for eligibility is that (1) they must have been employed by an enterprise of, or have been partners in an enterprise of, an EU member state for at least one year and (2) be temporarily transferred to a subsidiary, branch, or headquarter of the company in Canada.
In accordance with CETA, spouses of EU citizens who are intra-corporate (company) transferees to Canada are eligible for an open work permit for the same duration as their spouses’ work permit.
CONTRACTORS AND PROFESSIONALS
Other professionals are allowed to enter Canada for work under CETA such as, contractual service suppliers and independent professionals (work permit required/LMIA exemption codes T43 and T47).
To know more about work permits and visiting Canada under CETA, including the requirements, and how to submit a work permit application, please contact us to schedule a legal consultation*.
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