The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a multilateral trade agreement negotiated between Canada and the European Union (EU) that came into effect on September 21, 2017.
CETA provides unique opportunities for citizens of the European Union to work in Canada.
Foreign nationals covered by CETA provisions could also be eligible to work in Canada without needing a Labour Market Impact Assessment (LMIA) or a work permit.
CETA establishes four situations wherein an EU citizen can be considered eligible for facilitated access to Canadian work authorization:
- CETA Business Visitors
- CETA Intra-Company Transferees
- CETA Investors
- CETA Contractual Service Suppliers and Independent Professionals
CETA Business Visitors
Under CETA, business visitors 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 six months.
CETA business visitors may seek multiple entries to Canada for a series of normal visits concerning a selected project. Under CETA, there are two categories of business visitors:
- Business visitors for investment purposes: This category refers to managerial or specialist employees liable for fixing an enterprise. Business visitors under this category will most likely not engage in direct transactions with the general public, nor may they receive remuneration from a Canadian source.
- 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 sell goods or services to the general public or receive remuneration from a Canadian source.
Permissible activities for CETA short-term business visitors:
- Meetings and consultations
- Research and style
- Market research
- Training seminars
- Trade fairs and exhibitions
- Sales
- Purchasing
- After-sales or after-lease service
- Commercial transactions
- Tourism personnel
- Translation and interpretation
CETA Intra-company transferees
Under CETA, intra-company transferees of enterprises in EU nations can also be eligible to get a Canadian working paper without requiring a Labour Market Impact Assessment (LMIA).
To be eligible for the LMIA exemption, intra-company transferees must meet the subsequent general criteria:
- Must have been employed by, or partners in, an enterprise located in an EU nation for a minimum of one year
- Must be temporarily transferred to a Canadian enterprise with one among the subsequent relationships to the EU enterprise: subsidiary, parent, branch, or head company.
In addition to the overall criteria, intra-company transferees are divided into three categories, each encompassing its specific requirements:
- Senior Personnel: like the “executive capacity” position under the North American Trade Agreement (NAFTA). Individuals under this category are eligible for a work permit of up to three years with a possible extension of a maximum of 18 months.
- Specialists: These are positions similar to the “specialized knowledge” positions under NAFTA. Individuals in this category are eligible for a work permit of up to 3 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. Individuals under this category are eligible for a work permit of up to 1 year with no possibility for extension.
Applicants curious about applying for CETA working papers, exempt from the LMIA requirement, may follow the appliance procedures for CETA permits.
CETA Investors
Under CETA, investors from EU member nations could also be eligible to get a Canadian working paper without requiring a Labour Market Impact Assessment (LMIA).
To satisfy 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 that is supervisory or executive;
- Must be the investor;
- Must be hired by an enterprise that has previously committed or is currently committing a considerable amount of capital in Canada.
Investors will be assessed using the standards for investors described within the North American Trade Agreement (NAFTA).
Investors approved through CETA could also be issued LMIA-exempt work permits for a maximum of one year, with possible extensions at the discretion of a visa officer.
Applicants curious about applying for CETA working papers, exempt from the LMIA requirement, may follow the appliance procedures for CETA permits.
Contractual Service Suppliers and Independent Professionals
Under CETA, certain contractual service suppliers and independent professionals who are citizens of EU nations could also be eligible to get a Canadian working paper without requiring a Labour Market Impact Assessment (LMIA).
In order to be eligible for the LMIA exemption, contractual service suppliers and independent professionals must meet the subsequent general criteria (as well as specific criteria elaborated below):
- Citizens of an EU trade unionist state
- Engaged in the temporary supply of a service for a maximum of 1 year
- A National Occupation Classification (NOC) Code included in Canada’s CETA Commitments for Contractual Service Suppliers and Independent Professionals must cover the service provided.
In addition to the overall criteria, contractual service suppliers and independent professionals must meet further specifications:
- Contractual Service Suppliers: An employee of an enterprise located in an EU nation with a contract to provide a service to a Canadian consumer. The EU enterprise cannot have a location in Canada. The applicant must have at least 3 years of experience within the sector of activity within which the service will be provided and a minimum of 1 year of experience with the EU enterprise.
- Independent Professionals: A self-employed professional contracted to provide a service to a Canadian consumer. Must be a longtime freelance supplier of service with a minimum of six years of experience within the section of activity within which the service will be provided.
Applicants curious about applying for CETA working papers, exempt from the LMIA requirement, may follow the appliance procedures for CETA permits.
Extending Work Permits Issued Under CETA
Most CETA work permits could also be extended at the discretion of the officer assessing the application, provided the applicant has submitted the required documentary evidence to support the request.
In order to be granted an extension, applicants must:
- Apply before their current status expires;
- Meet all the conditions that were imposed on entry and
- Have a passport or travel document valid for the whole period authorized for the applicant’s stay.
In order to increase a CETA working paper, the employer must submit a replacement offer of employment.
Officers should review the suggested documentation below when reviewing the work duration requested by the employer.
Examples of acceptable documentation to support an extension include;
- A contract extension justification from the offering enterprise
- Updated business plans
- a suggestion for a replacement contract
- Feasibility studies and marketing plans
