Free trade agreements (FTA) simplify the temporary entry process for businesspeople on a mutual basis between participating countries. The International Mobility Program (IMP) allows Canadian employers to hire foreign workers temporarily without having to undergo a Labour Market Impact Assessment (LMIA).
CUSMA is an agreement between the U.S., Mexico, and Canada that simplifies business activities between these countries. It’s designed for citizens of these countries involved in trading goods, services, or investment activities.
Who Qualifies? Only U.S., Mexico, and Canada citizens. Permanent residents don’t qualify.
LMIA Exemption: Workers and employers under CUSMA don’t need Labour Market Impact Assessment (LMIA).
Work Permit Application: You can apply for a work permit at a Canadian Port of Entry or through a visa office, either online or in paper format.
There are four categories of businesspeople covered by CUSMA
Visitors from the U.S. or Mexico must engage in activities outlined in CUSMA’s Appendix 1, Section B. These activities must be international in nature without intending to enter the Canadian labor market. Eligibility is demonstrated by showing that compensation and primary business activities are conducted outside Canada.
Types of Business Activities Covered: CUSMA covers a range of commercial activities, including research and design, growth, production, marketing, sales, distribution, after-sales service, and general service. These activities reflect different stages of business cycles.
Application Process for Business Visitors: Applications for entry as a business visitor should be made at a Port of Entry (POE) upon arrival in Canada. This process also applies to after-sales service providers, who require secondary examinations.
Documentation Requirements: Business visitors need to provide proof of citizenship and documentation supporting their business activity as per CUSMA. This includes evidence of international business scope and that they won’t enter the Canadian labor market.
After-Sales Service: Individuals involved in after-sales service must meet specific criteria, such as specialized knowledge and a connection to a sale or service contract. Their activities must involve installation, repair, servicing, or training related to commercial or industrial equipment or machinery.
Visitor Records and Extensions: Business visitors typically have short-term stays, but Visitor Records may be issued for regular visits related to a specific project. Extensions follow existing visitor documentation policies.
CUSMA’s Impact on Licensing and Certification: CUSMA doesn’t exempt business visitors from compliance with local requirements. The agreement facilitates entry but doesn’t override other regional or federal regulations.
Professionals are defined as individuals who enter Canada to offer pre-arranged professional services. These services can be provided in several ways.
As a Salaried Employee: Working directly for a Canadian enterprise.
Through a Contract: Either between the professional and a Canadian employer or between the professional’s American or Mexican employer and a Canadian enterprise.
Scope of Services: CUSMA professionals are expected to provide services in their field of qualification. This ensures that individuals are employed in areas where they have proven expertise and can contribute effectively to the Canadian business landscape.
List of eligible professions under the CUSMA Professionals category: CUSMA’s Appendix 2 lists occupations that fall under this agreement. This list is a crucial resource for professionals to determine if their occupation is covered. It also determines if they are eligible to provide their services in Canada under CUSMA.
Profession | Education/Credential Requirements |
General | |
Accountant | Baccalaureate or Licenciatura Degree or CPA, CA, CGA or CMA |
Architect | Baccalaureate or Licenciatura Degree or state/provincial licence |
Computer Systems Analyst | Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years’ experience |
Disaster Relief Insurance Claims Adjuster | Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims |
Economist | Baccalaureate or Licenciatura Degree |
Engineer | Baccalaureate or Licenciatura Degree; or state/provincial licence |
Forester | Baccalaureate or Licenciatura Degree; or state/provincial licence |
Graphic Designer | Baccalaureate or Licenciatura Degree; or state/provincial licence |
Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
Industrial Designer | Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Interior Designer | Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Land Surveyor | Baccalaureate or Licenciatura Degree or state/provincial/ federal licence |
Landscape Architect | Baccalaureate or Licenciatura Degree |
Lawyer (including Notary in the Province of Quebec) | LLB, JD, LLL, BCL or Licenciatura Degree (five years) or membership in a state/provincial bar |
Librarian | MLS or BLS (for which another Baccalaureate or Licenciatura Degree was a prerequisite). A librarian must have either:
|
Management Consultant | Baccalaureate or Licenciatura Degree or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
Mathematician (including statistician and Actuary) | Baccalaureate or Licenciatura Degree |
Range Manager/Range Conservationalist | Baccalaureate or Licenciatura Degree |
Research assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
Scientific Technician/ Technologist | Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research. A businessperson in this category must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics |
Social Worker | Baccalaureate or Licenciatura Degree |
Sylviculturist (including Forestry Specialist) | Baccalaureate or Licenciatura Degree |
Technical Publications Writer | Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Urban Planner (including Geographer) | Baccalaureate or Licenciatura Degree |
Vocational Counsellor | Baccalaureate or Licenciatura Deg |
Medical/Allied Professional | |
Dentist | DDS, DMD, Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license |
Dietitian | Baccalaureate or Licenciatura Degree or state/provincial license |
Medical Laboratory Technologist (Canada)/ Medical Technologist (Mexico and the U.S.) | Baccalaureate or Licenciatura Degree or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
Nutritionist | Baccalaureate or Licenciatura Degree |
Occupational Therapist | Baccalaureate or Licenciatura Degree or state/provincial license |
Pharmacist | Baccalaureate or Licenciatura Degree or state/provincial license |
Physician (teaching or research only) | M.D. or Doctor en Medicina or state/provincial license |
Physiotherapist/Physical Therapist | Baccalaureate or Licenciatura Degree or state/provincial license |
Psychologist | State/provincial license or Licenciatura Degree |
Recreational Therapist | Baccalaureate or Licenciatura Degree |
Registered Nurse | State/provincial license or Licenciatura Degree |
Veterinarian | DVM, DMV or Doctor en Veterinaria or state/provincial license |
Scientist | |
Agriculturist (including Agronomist) | Baccalaureate or Licenciatura Degree |
Animal Breeder | Baccalaureate or Licenciatura Degree |
Animal Scientist | Baccalaureate or Licenciatura Degree |
Apiculturist | Baccalaureate or Licenciatura Degree |
Astronomer | Baccalaureate or Licenciatura Degree |
Biochemist | Baccalaureate or Licenciatura Degree |
Biologist | |
(including Plant Pathologist) | Baccalaureate or Licenciatura Degree |
Chemist | Baccalaureate or Licenciatura Degree |
Dairy Scientist | Baccalaureate or Licenciatura Degree |
Entomologist | Baccalaureate or Licenciatura Degree |
Epidemiologist | Baccalaureate or Licenciatura Degree |
Geneticist | Baccalaureate or Licenciatura Degree |
Geologist | Baccalaureate or Licenciatura Degree |
Geochemist | Baccalaureate or Licenciatura Degree |
Geophysicist (including Oceanographer in Mexico and the U.S.) | Baccalaureate or Licenciatura Degree |
Horticulturist | Baccalaureate or Licenciatura Degree |
Meteorologist | Baccalaureate or Licenciatura Degree |
Pharmacologist | Baccalaureate or Licenciatura Degree |
Physicist (including Oceanographer in Canada) | Baccalaureate or Licenciatura Degree |
Plant Breeder | Baccalaureate or Licenciatura Degree |
Poultry Scientist | Baccalaureate or Licenciatura Degree |
Soil Scientist | Baccalaureate or Licenciatura Degree |
Zoologist | Baccalaureate or Licenciatura Degree |
Teacher | |
College | Baccalaureate or Licenciatura Degree |
Seminary | Baccalaureate or Licenciatura Degree |
University | Baccalaureate or Licenciatura Degree |
Employees from the U.S. or Mexico can transfer to work in Canada if they meet specific conditions. To transfer within a company to Canada, you must meet these conditions:
Citizenship: You must be a citizen of the U.S. or Mexico.
Job Role: You should be looking for a job in Canada as an executive, a manager, or in a role that requires specialized knowledge.
Company Relationship: You need to transfer to a company in Canada that’s connected to your current employer in the U.S. or Mexico. This means the companies are related as a parent, branch, subsidiary, or affiliate.
Work Experience: You must have worked continuously in a similar job outside Canada, full-time, for at least one year in the last three years.
Immigration Rules: You must follow the usual immigration rules for temporary entry into Canada.
Application Process for Intra-Company Transferees
Transferees can apply for a work permit at a Canadian port of entry or via a visa office. U.S. and Mexican citizens may also apply within Canada as visitors.
Required Documentation
Applicants must present proof of citizenship, current employment status, and a letter from their employer detailing their role, specialized knowledge (if applicable), and the Canadian position. There is also a need for proof of the relationship between the Canadian company and the foreign company.
Criteria for Specialized Knowledge
To qualify as having specialized knowledge, applicants must demonstrate a high degree of specialized knowledge and advanced expertise. A mandatory wage assessment is not required, but wages are considered a significant indicator of specialized knowledge.
Work Permit Issuance and Duration
Qualified transferees receive a work permit under R204, T24. The initial permit can last up to 3 years, with a 1-year limit for opening or working in new offices. Extensions are possible for up to 2 years. Executives or managers can stay for up to seven years, while specialized knowledge workers are limited to 5 years. After reaching these limits, a one-year break is required before reapplying.
Important Considerations
Transferees must occupy a position within the Canadian branch and maintain an employer-employee relationship with the Canadian company. Those not residing in Canada might be classified as business visitors, especially for short-term projects or client-site work. Long-term permits are generally not issued for service personnel living outside Canada and working intermittently at client sites.
For Traders: To qualify as a trader, you need to be a U.S. or Mexican citizen actively involved in substantial trade, primarily between your home country and Canada. This trade encompasses both goods and services. As a trader, your role should be supervisory, executive, or involve essential skills crucial to your trade activities. When applying for a work permit, it’s recommended to submit your application to a visa office. However, applications can also be made at a Port of Entry (POE) or from within Canada. The application process includes completing the specific Application for Trader/Investor Status [IMM 5321] alongside the standard work permit application.
Trader Requirements Under CUSMA
For Investors: Investors must be U.S. or Mexican citizens who have made, or are actively making, a substantial investment in a Canadian enterprise. Your main objective should be to develop and direct the enterprise you’re investing in. If you’re an employee, your role should be at an executive or supervisory level or require essential skills. Like traders, the work permit application for investors is best submitted at a visa office and involves completing the application for Trader/Investor Status [IMM 5321] along with the standard work permit application.
Investor Requirements Under CUSMA
Duration and Extension of Work Permits: Both traders and investors typically receive an initial work permit valid for 1-year. Extensions up to 2 years are possible, provided all requirements continue to be met.
The basic North American Free Trade Agreement (NAFTA) provisions remain the same in the Canada-Chile Free Trade Agreement (CCFTA). However, there are minor differences in two of the categories of businesspersons (e.g., Business Visitors and Professionals). The rules for Intra-company transferees and Traders/Investors are the same.
The Canada-Peru FTA was signed in 2008 and became effective August 1, 2009. Temporary Entry for Businesspersons is modeled on the NAFTA but have some differences.
The Canada-Colombia Free Trade Agreement (FTA) was signed in November 2008 and became effective August 15, 2011. This agreement allows issuance of open work permits to spouses of Traders and Investors, Intra-company Transferees or Professionals and Technicians.
The basic North American Free Trade Agreement (NAFTA) provisions remain the same in the Canada-Korea FTA. However, there are number of differences in two of the categories of businesspersons (e.g., Business Visitors and Professionals). The rules for traders and investors are the same as in the NAFTA. The Canada-Korea FTA also facilitate work permit issuance for the spouses or common-law partners of Investors or Traders, Intra-Company Transferees, and Professionals.
The Canada-EU Comprehensive Economic and Trade Agreement (CETA) provisionally entered into force in September 2017 to create new commercial opportunities for Canadian and EU businesses in trade and investment. CETA facilitates entry for certain covered businesspersons who are citizens of Canada and EU member states by removing the requirement for Labour Market Impact Assessments (LMIAs). The agreement covers the three following categories of visitors for business purposes:
Like NAFTA, the temporary entry of businesspersons under the General Agreement on Trade in Services (GATS) can be facilitated without the need for a Labour Market Impact Assessment. Canada is a signatory of the General Agreement on Trade in Services (GATS), which is administered by the World Trade Organization (WTO). GATS facilitates trade and movement of certain businesspersons among its member countries worldwide. Following groups of businesspeople are covered under GATS:
Business Visitors
The business visitor category does not require a work permit because the individual is not entering the Canadian labour market. Naturally, that person must meet all the specific requirements, showing that he/she will not enter the Canadian labour market, that their employer is outside of Canada and that they are being paid by the foreign employer.
Intra-Company Transferees
The intra-company transferee category is a work permit category. The intra-company transferee must prove the relationship between the foreign and Canadian company and show why the foreign worker is more qualified than existing or potential Canadian workers for the position in Canada. GATS professionals must meet minimum educational requirements as well as certain licensing requirements. The professionals must also have a contract in place before arriving that shows they will be employed in their professional capacity and will be remunerated in this capacity with the fair market wage in the region of the employment.
Professionals
A GATS Professional is a person who seeks to engage, as part of a services contract obtained by a company in another member nation, in an activity at a professional level. The person must possess the necessary academic credentials and professional qualifications, which have been duly recognized, where appropriate, by the professional association in Canada. This category is designed to facilitate the short-term entry of a limited list of professionals employed by service providers of member nations, in those service sectors to which Canada has made commitments.
Occupation covered under General Agreement on Trade in Services (GATS)
Occupation | Education/Credential Requirements | Other requirements |
Engineer | Baccalaureate degree | Provincial licence |
Agrologists | Baccalaureate degree in agriculture or related science plus four years of related experience | Licensing required in New Brunswick, Alberta & Quebec. Temporary licensing required in British Columbia |
Architects | Baccalaureate degree in forestry management or forestry engineering, or a provincial licence | Licensing as a forester or forestry engineer is required in Alberta, British Columbia & Quebec |
Geomatics Professionals | Baccalaureate degree | Provincial licence |
Foreign Legal Consultants | Baccalaureate degree in law | Provincial licence |
Urban Planners | Baccalaureate degree in urban planning | Provincial licence |
Senior Computer Specialists | Graduate degree (Master’s) in computer sciences or related discipline and ten years of experience in computer sciences. |
The Canada–Panama Free Trade Agreement (FTA) was signed in 2010 and came into force on April 1, 2013. Temporary entry for businesspersons is similar to the temporary entry provisions of NAFTA. However, only the provisions for business visitors and professionals are currently in force.
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is a trade agreement between 11 countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam). The CPTPP facilitates temporary entry of business visitors, investors, intra-corporate transferees & professionals, and technicians of participating countries.
Business visitor applications can be made at a Canadian port of entry (POE), provided the applicant already has a valid visa or electronic travel authorization. Applicants who are applying as a business visitor, and who are required to obtain a visa, must do so at an Immigration, Refugees and Citizenship Canada (IRCC) office abroad.
Depending on the citizenship of the principal applicant, work authorization for accompanying spouses is also facilitated, except for business visitors. For spouses, the length of stay, including extensions, should be the same as of the length of stay for the businessperson they are accompanying.
