The aim of CETA, and more specifically its chapters 10 and 11, is to help both EU and Canadian companies and professionals understand how they can benefit from the labour mobility provisions, offering a number of alternatives to facilitate labour mobility, skills, transfers and supporting EU and Canada business for certain covered business people.
Canada is widely known for its low unemployment rates and the challenges it has around labour shortages. Therefore, an increasing number of work permits is constantly being issued; to give you an idea, over 640,000 work permits have been issued between January and October of 2022 alone.
In-demand sectors in Canada: a brief overview
In November 2022, there were over 850,000 job vacancies across Canada. 38.70% of the Canadian companies expected recruiting skilled people (engineers, technicians, accountants, IT-people, etc. …) to be an obstacle.
For that reason, immigration is a key, the key to Canada’s economic growth. In 2021, Canada had 415,817 work permit holders. Immigrants account for 23% of the Canadian population.
Immigration to Canada: basic rules
Entry to Canada for EU-citizens: basic rules
As an EU-citizen you can enter Canada without a visa. The only thing you need to do, is to apply for an eTA (Electronic Travel Authorization)
https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/eta/english.pdf
which can be done online. It will cost you 7 CAD and allow you to stay up to 6 months in Canada.
For other purposes, whether you want to work, study, operate a business or stay in Canada, you will have to apply for a specific permit.
Obtaining a work permit: basic rules
The basic rule to obtain a work permit is for the employer to prove that he has not been able to hire Canadians of permanent residents for a specific job and, as a result, has to resort to other (foreign) resources. The process is called Labour Market Impact Assessment
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=163&top=17
There are, however, exemptions and exceptions to this process which are provided under CETA’s chapter 10 and make it easier to obtain a work permit.
EU-Canada mobility of professionals under CETA
Main advantages CETA introduces
· To ease the mobility of professionals between the EU and Canada
· To facilitate temporary transfers of EU-executives in Canadian branches or subsidiaries (work permits up to 3 years)
· To help addressing the demand for specific skills in in-demand sectors in Canada
· To facilitate business development and prospection across Canada
(up to 90 days within a six month’s period)
List of specific LMIA-exemptions under CETA
The following EU-citizens having the hereunder specified roles can obtain a work permit without a LMIA:
Intra-corporate transferees (T44) and their spouses (T45)
■ Being currently employed or collaborating as partners of an EU company (a company established in an EU member state) and being employed or partners for, at least, one year when applying (before CETA: a 1 year work permit with renewal application after 6 months / with the implementation of CETA: 3 year’s work permit, with a possible extension of up to 18 months at the officer’s discretion / advantage: brings more stability)
■ Being temporarily transferred in a Canadian parent, branch, subsidiary, or affiliate to provide services in the same capacity
(Spouses can be included in the application)
■ Being transferred as a senior executive, specialist or graduate trainee (key people)
(Interesting option for executives whose mission is to develop the company’s activities in Canada)
■ Being hired by the company in Europe for, at least, twelve months
Investors (T46)
■ Will establish, develop or administer the operation of an investment in a capacity that is supervisory or executive (key person); or (with the implementation of CETA: renewable work permit of 3 years)
■ Being the investor; and
■ Being employed by an enterprise that has committed or is in the process of committing a substantial amount of capital
■ Canadian company does not need to have a relation with your company in Europe and person did not necessarily have to work for the company previously
Contractual service suppliers and independent professionals (T43 and T47)
■ Being engaged in the temporary supply of a service for a period not exceeding 12 months and being contracted to provide a service
(Cumulative period of no more than 12 months in any 24-month period)
■ Holding a university degree or a qualification demonstrating knowledge of an equivalent level
■ Holding professional qualifications, if required, to practice an activity
pursuant to the laws or requirements in the province or territory where
the service is to be supplied in Canada
(Interesting option for executives whose mission is to develop the company’s activities in Canada)
■ Either an EU-company contracting with a Canadian company, or a professional skilled people (engineers, technicians, accountants, IT-people, etc. …) contracting directly with a Canadian company
Business Visitors
■ Work permit exemption
■ EU-Citizens who intend to engage in international business activities (marketing research, training, seminars, trade fairs ….) in Canada without directly entering the Canadian labour market (with the implementation of CETA: 90 days in any 6 month’s period)
■ Two categories of business visitors: short-term business visitors and
business visitors for investment purposes
(The EU-professional must remain exclusively employed and remunerated outside Canada)
■ Must conduct activities part of list of activities provided in annex 10-D of CETA
How to apply for a work permit under CETA ?
CETA has not changed the rule to apply for a work permit.
Options to apply for a work permit
· Applying online through My Citizenship Immigration Canada (MyCIC)
https://www.canada.ca/en/immigration-refugees-citizenship/services/application.html
This process allows the EU-applicant and the Canadian employer to prepare and submit the whole application package exclusively online. Fees can be paid online as well.
85% of all applications
· Applying in-person at nearest Visa Application Centre (VAC)
VAC’s are private companies, which have formal contracts with the Government of Canada.
This means tends to be replaced by online applications.
2.5% of all applications
· Requesting a preliminary opinion with the International Mobility Workers Unit (IMWU)
The Canadian employer can request a preliminary opinion from the IMWU, to find out if the LMIA-exemption can apply to the position they wish to offer to the EU-applicant.
2.5% of all applications
· Applying for the work permit upon arrival to Canada (at the airport)
https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=171&top=17
10% of all applications
The first and fourth options are explained in more detail:
Applying online through MyCIC
https://www.canada.ca/en/immigration-refugees-citizenship/services/application.html
■ Two levels: employer portal and applicant portal
Can both be handled by a law firm
Once the application approved, the applicant will receive a letter of introduction
■ The employer should submit an electronic job offer online, through
his/her own employer portal and pay a 320 CAD fee
The candidate must provide all details regarding personal, family, career information, diplomas, background, …
He/she will automatically be issued an eTA.
■ EU-applicant can, then, apply online through his/her own portal,
by uploading the required documents and paying a 155 CAD fee
(+ 85 CAD for the biometrics).
When entering Canada, the work permit will be issued by the immigration officer.
Applying online through MyCIC [Processing time]
EMPLOYER APPLICANT
fills out the ELECTRONIC JOB OFFER
fills out the ONLINE WORK PERMIT APPLICATION
submits the
DECLARATION OF ALL THE APPLICANTS UNDER 24 TO 48 HOURS
CONDITION OF EMPLOYMENT,
WHICH MUST BE RESPECTED UNDER 30 DAYS
THROUGHOUT THE DURATION OF INVITATION TO SUBMIT
THE PERMIT BIOMETRICS
Obtains a number which is given to the applicant
10 WEEKS PROCESSING TIME
WORK PERMIT APPROBATION
You will receive, by e-mail or in the portal, a letter of introduction to be handed over to the immigration officer when you arrive in Canada
WORK PERMIT WILL BE ISSUED
Applying for a work permit upon arrival
■ This option is not recommended when applying under the T46 exemption
The applicant will have to apply for an eTA before flying to Canada
■ Main advantage: if approved, the work permit will be delivered on the same day
■ The applicant will have to bring a complete application package and
will pay the related fees upon arrival.
When entering Canada, the work permit will be issued by the immigration officer
■ If refused, the professional could either be sent back home, or
allowed temporary entry as a visitor with an obligation to leave
the country before a specific date
■ Uncertainty in the process
All the above regulations also work bilaterally, e.g. for Canadian companies or professionals wanting to do business, work, settle in Europe.
[Source: EUCCAN/IMMETIS, February 2023]
