Hiring Options

The NAFTA reflects a preferential trading relationship initiated between Canada and the U.S. under the Free Trade Agreement (FTA) and now expanded to include Mexico. With the coming into force of the NAFTA, the FTA was suspended. Chapter 16 of the NAFTA is modelled on the FTA and deals only with temporary entry of selected business persons. It has no effect on permanent residence. The Agreement defines temporary entry as entry without the intent to establish permanent residence. Under the NAFTA, the U.S., Mexico and Canada are required to meet a number of obligations. Among them are the publication of a public information booklet on temporary entry under the NAFTA and the provision of statistical information. Given the growing public image of the NAFTA and the importance of sharing information with our NAFTA partners, it is crucial that data entered into FOSS or GCMS be as accurate and as complete as possible in order to meet our obligations related to statistics. A trilateral Temporary Entry Working Group, consisting of officials from departments which have an interest in the temporary entry of workers, meets every year to oversee the implementation and administration of Chapter 16 of the NAFTA. The director of Economic Policy and Programs (SSE), Selection Branch (SSD), and U.S. and Mexican immigration officials co-chair this working group. The Working Group is also responsible to develop measures to facilitate temporary entry of business persons on a reciprocal basis.

NAFTA facilitates temporary entry for business persons who are citizens of the U.S., Mexico and Canada and who are involved in the trade of goods or services, or in investment activities. NAFTA removes the need for a Labour Market Impact Assessment (LMIA) for all business persons covered by the Agreement. In the case of a business visitor, it removes the need for a work permit.

For professionals and intra-company transferees, it expedites the application process because one can apply at the port of entry (POE), (note that nationals who require a temporary resident visa to enter Canada, however, should apply at a visa office prior to coming to Canada).

NAFTA does not assist permanent admission. It does not apply to permanent residents of the three countries. It does not replace the general provisions dealing with foreign workers. It has no effect on universal requirements related to passports and identity documentation, medical examinations and safety and security. It does not replace the need for workers to meet licensing or certification requirements respecting the exercise of a profession. It does not extend special privileges to spouses and members of the family. Their entry is governed by the provisions of the Immigration and Refugee Protection Act and the Regulations.

The temporary entry provisions of Chapter 16 of the NAFTA are restricted to citizens of the U.S., Mexico and Canada. In the case of the U.S., citizens of the District of Columbia and Puerto Rico are covered by the NAFTA; however, citizens of Guam, the Northern Mariana Islands, American Samoa and the U.S. Virgin Islands are excluded from the NAFTA. Permanent residents of the three countries are not covered. They are, however, covered by the general provisions governing the temporary entry of foreign workers.

The following requirements apply:

• citizenship of the U.S. or Mexico;
• profession identified in Appendix 1603.D.1;
• qualification to work in that profession (degree or certification in a related educational program);
• pre-arranged employment with a Canadian employer;
• provision of professional level services in the field of qualification as indicated in the Appendix; and
• compliance with existing immigration requirements for temporary entry.

The basic North American Free Trade Agreement (NAFTA) provisions remain the same in the Canada-Chile Free Trade Agreement (CCFTA) and are set out in Chapter K of the CCFTA. There are, however, a number of minor differences, primarily in the appendices which support two of the categories of business persons - Business Visitors and Professionals. The rules for Intra-company transferrees and Traders/Investors are the same.

Professionals identified in Appendix K-03.IV.1 of the CCFTA (below) seek entry through pre-arrangement – as a salaried employee under a personal contract with a Canadian employer or through a contract with the professional’s employer in their home country. Like the NAFTA list of Professionals in Appendix G of this manual, over 60 professionals are identified in the CCFTA list. Unlike Appendix K03.I.1 (Business Visitor), Appendix K-03.IV.1 below contains an exhaustive list of professionals and cannot be interpreted. Each professional identified in the Appendix must hold the qualifications indicated in the Minimum Educational Requirements and Alternative Credentials applicable to the profession. No new profession was added to the Appendix of the CCFTA. The requirements applicable to NAFTA professionals were retained and continue to apply for the Chilean professions. However, for 14 of the professions, Chilean minimum education requirements and alternative credentials, such as the Chilean University Title, were added as alternatives to the requirements which are set out in NAFTA, in order to reflect the Chilean educational system. Changes were made to the minimum education requirements and alternative credentials for the following professions : Accountant, Lawyer, Librarian, Social Worker, Dietitian, Nutritionist, Occupational Therapist, Physician, Physiotherapist, Registered Nurse, Veterinarian and Geologist.

The Canada-Peru FTA was signed in 2008 and became effective August 1, 2009. Chapter 12 of the Agreement entitled Temporary Entry for Business Persons is modeled on the NAFTA but contains some differences. The inclusion of the permanent residents (not only citizens) of each country in the Canada-Peru FTA is different from the NAFTA (see section 1.6). Therefore, proof of permanent resident status is also an accepted document for presentation in support of an application

Employed continuously by the enterprise for six months (versus one year for NAFTA) within the three-year period immediately preceding the date of application for admission; and the intra-company transferees category has expanded to include a new category of “management trainee on professional development”, meaning an employee with a post-secondary degree who is on a temporary work assignment intended to broaden that employee’s knowledge of and experience in a company in preparation for a senior leadership position within the company.

Professionals are listed using a negative list, meaning that all professionals that meet the general definition of professionals are covered, except for the professionals which are excluded through specifiying in the applicable list.

Note: Professional means a national of a Party who is engaged in a specialty occupation.

A professional specialty occupation shall mean an occupation which falls within the National Occupation Classification (NOC) levels 0 and A. These requirements shall be those defined in the NOC. technicians are listed using a positive list, meaning that only those technicans included on the list of technicians are covered.

The Canada-Colombia Free Trade Agreement (FTA) was signed in November 2008 and became effective August 15, 2011. The coverage of Chapter 12 of the Canada-Colombia FTA is almost identical to Chapter 12 of the Canada-Peru FTA, but includes a section allowing the issuance of open work permits to spouses of Traders and Investors, Intra-company Transferees or Professionals and Technicians. This is also different from the North American Free Trade Agreement (NAFTA), which did not cover spouses as noted in Section 1.5 of NAFTA.

Coding for the spousal provision [T25] - As this is an exemption under a FTA, it is to be treated differently from the C41 and C42 (spouses of skilled-workers or students respectively) exemptions. Therefore, exemption code T25 is to be entered into the system for open work permit applications from spouses of workers coming in under the Canada-Colombia FTA.

Professionals and Technicians - Please refer to the list of Professionals and Technicians in the Canada-Peru FTA section , as the Canada-Colombia FTA contains the identical list, and, like the Canada-Peru FTA, contains a list of professionals not covered followed by a list of technicians that are covered.

This option is best suitable for those employers whose business is either in a remote location, and due to which they have difficulty of retaining the employees, or for employers where the positions need on-the-job training and if the employee does not qualify after the probation period, the employer needs to replace the position with a new candidate. Our company provides a "Replacement Option" in which for a small extra cost, we provide either an emergency replacement till we find a new candidate for our client. This service provides a peace of mind to the employers because the complete burden of recruiting and training for new workers falls on our shoulders. If you are interested in taking advantage of your services, please fill in the form below, and one of our Employment Specialist will contact you with a tailored solution suitable to your needs.