September 25, 2017
New Work Permit Options For EU Citizens (CETA)
The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) is a new trade agreement which covers all sectors and aspects of Canada-EU trade. Signed on October 30, 2016, the agreement has only recently come into force on September 21, 2017. The agreement includes provisions to facilitate temporary entry for contract service providers, independent professionals, intra-company transferees, short-term business visitors as well as investors without the need for a Labour Market Impact Assessment (LMIA).
Contractual Services Suppliers and Independent Professionals:
Contractual services suppliers and independent professionals wishing to supply their services on a temporary basis will be issued a work permit. Contractual service providers must hold at least three years of experience in the sector of activity and independent professionals must hold at least six years.
Both contractual services suppliers and independent professionals may only be issued work permits for a maximum 12 months or less in any 24-month period. Extensions may however be granted on a discretionary basis.
Numerous professional positions are included ranging from lawyers, financial mangers to engineers. A full list of the professionals included can be found here:
An Intra-Corporate Transferee (ICT) is a person employed by an enterprise of one the EU for at least one year who is temporarily transferred within the same enterprise to the territory of the other Party.
The CETA ICT provisions are similar to existing Intra-Company Transferee provisions and generally allows persons who have been employed by an enterprise in the EU for at least one year and who are temporarily transferred to a subsidiary, branch, or parent company in Canada to be issued work permits. There are three subcategories that fall under the ICT provision:
- Senior Personnel
- Graduate trainees(persons who possess a university degree; and are temporarily transferred to Canada for career development purposes, or to obtain training in business techniques or methods).
Senior Personnel and Specialists will be permitted work permits for the lesser of 3 years, with a possible extension of up to 18 months. Whereas graduate trainees will be permitted work permits valid for the lesser of 1 year.
Short-Term Business Visitors:
CETA commits Canada and the EU to allow the temporary entry and short term stay of business visitors, provided those visitors do not engage in selling goods to the general public, receive remuneration from the host country, or provide services to consumers. These business visitors may only be granted temporary entry for up to a total of 90 days within a six-month period.
Annex 10-D to the chapter contains the list of short-term business visitors’ activities.
Investors under CETA are defined as persons who:
- will establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive;
- are the investor; and
- are employed by an enterprise that has committed or is in the process of committing a substantial amount of capital.
A CETA investor can be issued a work permit for one year, with discretionary renewals.
For more information on CETA please contact our office.