The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a bilateral trade pact negotiated between Canada and the European Union (EU), which came into effect on September 21st, 2017. Among its provisions, CETA offers exclusive opportunities for EU citizens to work in Canada. Individuals covered by CETA may qualify to work in Canada without needing a Labour Market Impact Assessment (LMIA) or even a work permit.

CETA outlines four scenarios in which an EU citizen may be eligible for streamlined access to Canadian work authorization:

  1. CETA Business Visitors
  2. CETA Intra-Company Transferees
  3. CETA Investors
  4. CETA Contractual Service Suppliers and Independent Professionals

Business Visitors

Under CETA, business visitors enjoy the privilege of short-term stays in Canada without needing a work permit or Labour Market Impact Assessment (LMIA). They are permitted a maximum stay of 90 days within any six-month period. CETA business visitors can make multiple entries to Canada for recurring visits related to specific projects. There are two distinct categories of business visitors under CETA:

  • Business visitors for investment purposes: These individuals, typically in managerial or specialist roles, are tasked with establishing an enterprise. They are prohibited from conducting direct transactions with the general public or receiving remuneration from a Canadian source.
  • Short-term business visitors: This group includes visitors entering Canada to engage in various approved activities, such as meetings, research, marketing, training seminars, and more. However, they cannot sell goods or services to the public in Canada or receive payment from a Canadian entity.

Approved activities for CETA short-term business visitors encompass:

  • Meetings and consultations
  • Research and design
  • Marketing research
  • Training seminars
  • Trade fairs and exhibitions
  • Sales
  • Purchasing
  • After-sales or after-lease service
  • Commercial transactions
  • Tourism-related tasks
  • Translation and interpretation

It’s important to note that the permissible activities for CETA business visitors differ from those under the North American Free Trade Agreement (NAFTA). Applicants seeking entry to Canada under the CETA business visitor category, exempt from work permit requirements, should adhere to the application procedures outlined for CETA categories.

Intra-Company Transferees

Within the framework of CETA, employees transferred between enterprises based in EU member states may qualify for a Canadian work permit without undergoing a Labour Market Impact Assessment (LMIA). To meet the LMIA exemption criteria, intra-company transferees must fulfill the following general requirements:

  • Have been employed by or affiliated with an enterprise in an EU member state for a minimum of one year.
  • Be temporarily relocated to a Canadian enterprise with a qualifying relationship to the EU enterprise, such as subsidiary, parent, branch, or head company.

Beyond the general criteria, intra-company transferees are categorized into three distinct groups, each with its specific prerequisites:

  1. Senior Personnel: Comparable to executive-level positions outlined in the North American Free Trade Agreement (NAFTA). Eligible for a work permit valid for up to 3 years, with a potential extension of up to 18 months.
  2. Specialists: Equivalent to roles requiring specialized knowledge as defined in NAFTA. Eligible for a work permit valid for up to 3 years, with a possible extension of up to 18 months.
  3. Graduate Trainees: Must hold a university degree and be temporarily transferred to a Canadian enterprise for career advancement or business training. Eligible for a work permit valid for up to 1 year, with no option for extension.

Individuals seeking a CETA work permit, exempt from the LMIA requirement, can follow the application procedures outlined for CETA permits.

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    Investors

    Within the framework of CETA, investors hailing from EU member states may qualify for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). To meet the CETA eligibility criteria for investors, applicants must satisfy the following conditions:

    • Engaged in roles related to the establishment, development, administration, or operation of an investment in a supervisory or executive capacity.
    • Must be the primary investor.
    • Employed by an enterprise that has previously committed, or is currently committing, a significant amount of capital in Canada.

    Investors will be evaluated based on the investor criteria outlined in the North American Free Trade Agreement (NAFTA). Those approved under CETA may receive LMIA-exempt work permits valid for up to one year, with potential extensions subject to the discretion of a visa officer. Individuals interested in applying for a CETA work permit, free from LMIA requirements, can follow the application procedures designated for CETA permits.

    Contractual Service Suppliers and Independent Professionals

    Within the scope of CETA, specific contractual service suppliers and independent professionals who hold citizenship in EU member states may qualify for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). To meet the LMIA exemption criteria, contractual service suppliers and independent professionals must adhere to the following general requirements (alongside specific criteria outlined below):

    • Citizens of an EU member state
    • Engaged in the temporary provision of services for a duration of up to one year
    • The service offered must fall under a National Occupation Classification (NOC) Code listed on Canada’s CETA Commitments for Contractual Service Suppliers and Independent Professionals table.

    In addition to the general criteria, contractual service suppliers and independent professionals must satisfy further specifications:

    • Contractual Service Suppliers: Employees of enterprises based in EU nations with contracts to provide services to Canadian clients. The EU enterprise must not have a presence in Canada. Applicants must possess a minimum of three years’ experience in the sector relevant to the service and have at least one year of experience with the EU enterprise.
    • Independent Professionals: Self-employed individuals contracted to deliver services to Canadian clients. They must be established as independent service providers with a minimum of six years’ experience in the relevant sector.

    Individuals interested in applying for a CETA work permit, exempt from LMIA requirements, can follow the application procedures outlined for CETA permits.

    CETA Application Procedures

    Foreign nationals covered by CETA, eligible to apply for an LMIA-exempt work permit or to enter Canada without a work permit (such as short-term business visitors), can apply at a Canadian Port of Entry (POE). Alternatively, they can submit work permit applications before travel to the appropriate Visa Application Centre (VAC). EU nationals already in Canada as authorized temporary residents may also be able to apply for work permits from within the country.

    Work permits granted under CETA are subject to extension at the discretion of immigration officers. Intra-company transferees may receive extensions for up to a maximum of 18 months, while graduate trainees are not eligible for extensions.

    Other International Mobility Program

    Working With a CSQ
    A Certificat de sélection du Québec (CSQ) allows foreign workers with a valid job offer in Quebec to apply for a work permit without needing a Labour Market Impact Assessment (LMIA), streamlining the process for skilled workers. Know More
    SOWP for Student
    The Spousal Open Work Permit (SOWP) allows the spouse or common-law partner of a full-time international student to work in Canada while the student completes their studies, without requiring an LMIA. Know More
    Post-Graduation Work Permits
    Post-Graduation Work Permits (PGWPs) are available to international graduates from eligible Canadian institutions. The work permit is open, meaning graduates can work for any employer without needing an LMIA, for a period equal to their study duration. Know More
    Open Work Permits
    Open work permits allow foreign workers to work for any employer in Canada without needing an LMIA or job offer. This type of permit is available to specific individuals, including spouses of skilled workers or international students. Know More
    International Experience Canada
    International Experience Canada (IEC) provides work permits to young people from participating countries to work and travel in Canada. The program is LMIA-exempt and allows applicants to gain work experience in Canada as part of their cultural exchange. Know More
    ICT Work Permit
    The Intra-Company Transfer (ICT) Work Permit allows employees of multinational companies to transfer to a Canadian branch without requiring an LMIA. This LMIA exemption facilitates the movement of key staff within a company. Know More
    CUSMA Work Permit
    Under the Canada-United States-Mexico Agreement (CUSMA), certain U.S. and Mexican citizens can apply for work permits in Canada without needing an LMIA, based on specific job categories, such as professionals, traders, and investors. Know More
    Canada's Spouse Open Work Permit
    Spouses or common-law partners of skilled workers or international students in Canada can apply for an open work permit without requiring an LMIA. This allows them to work for any employer during their stay. Know More
    Bridging Open Work Permit
    The Bridging Open Work Permit (BOWP) is available to individuals who are transitioning from temporary status to permanent residency. It allows them to continue working for any employer while they await a decision on their permanent residency application, without needing an LMIA. Know More
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    Other Work in Canada

    Working in Quebec

    Working in Quebec requires a valid work permit or specific authorization. Quebec has its own immigration programs and criteria that must be met for foreign workers to work legally in the province.

    Work without a Work Permit

    Certain foreign workers can work in Canada without a work permit under specific circumstances, such as intra-company transferees, business visitors, and diplomats, among others.

    Temporary Foreign Worker Program (TFWP) - (LMIA - Based Work Permits)

    The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign workers to fill temporary labor shortages. An LMIA (Labour Market Impact Assessment) is required to ensure that hiring a foreign worker does not negatively impact the Canadian job market.

    CETA Work Permits

    Open work permits allow foreign workers to work for any employer in Canada, without the need for a specific job offer or an LMIA. This type of permit is usually available to spouses of skilled workers or international students, and those applying for permanent residency.

    LMIA - Labour Market Impact Assessment

    An LMIA is a document required for most work permits in Canada. It assesses the impact of hiring a foreign worker on the Canadian labor market, ensuring that no qualified Canadian or permanent resident is available for the job.

    Live-in Caregivers

    The Live-in Caregiver Program allows individuals to work in Canada as caregivers for children, elderly individuals, or those with medical needs. The program has specific eligibility criteria, including the requirement to live with the employer.

    IEC Program - Working Holiday Visa

    The International Experience Canada (IEC) program allows young people from participating countries to live and work in Canada on a temporary basis. The Working Holiday Visa, part of the IEC program, is designed for individuals who want to travel and work in Canada.

    Global Skills Stream

    The Global Skills Stream provides work permits for highly skilled foreign workers in specific fields, such as technology, engineering, and science. It is designed to help Canadian employers quickly fill high-demand roles with global talent.

    Employer-Specific Work Permits

    Employer-specific work permits allow foreign workers to work for a specific employer in Canada. These permits are tied to the employer, job position, and location, and can be obtained with a valid job offer and an LMIA or LMIA-exemption.