Citizens of these countries can get LMIA-exempt Canadian work permits

Citizens of certain countries have an advantage when seeking Canadian work permits.

If you are a citizen of a country that has a Free Trade Agreement (FTA) with Canada, you may qualify for a Labour Market Impact Assessment-exempt (LMIA-exempt) work permit under one or more of these agreements.

Foreign nationals who don’t qualify under an FTA must often pursue LMIA-based work permits, which are more difficult, costly, and time-consuming to obtain.

Schedule a Free FTA Work Permit Consultation with the Cohen Immigration Law Firm

This article will cover

• Which nationalities can qualify for FTA work permits;
• The types of FTA work permits available, and their requirements; and
• How to apply for an FTA-based work permit.

Eligible nationalities

Below is a list of countries and their associated FTA(s).

Different requirements will apply depending on the work permit in question. If you are uncertain about certain requirements or eligibility criteria, consult an experienced immigration representative.

In all cases, you must be admissible to Canada to gain entry.

Schedule a Free FTA Work Permit Consultation with the Cohen Immigration Law Firm

Canada-United States-Mexico Agreement (CUSMA)

The Cusmei (the successor to NAFTA) is for citizens of the US and Mexico who wish to work temporarily in Canada. There are four eligible types of businesspersons.

Professionals: You possess a confirmed job offer in one of the 63 eligible CUSMA occupations, along with the necessary education, professional credentials, and required certifications for the position.

Work permit validity: Up to three years.

Intra-company transferees: Executives, senior managers, or specialized knowledge workers of a multinational company wanting to do business with the same or related company in Canada may be eligible.

You must have been employed continuously by your company for at least one year in the past three years prior to applying.

Work permit validity: Up to five years for an executive or manager; up to three years for a specialized knowledge worker.

Investors and traders: You qualify as a supervisor, executive, or specialist with essential project skills, and are actively engaged in substantial trade between the US/Mexico and Canada.

Or you may instead seek to establish, develop, or administer a significant investment, including providing technical or advisory services for its operations.

Work permit validity: Up to one year.

Comprehensive Economic and Trade Agreement (CETA)

Foreign nationals from one of the 27 member countries of the European Union may be eligible for a CETA work permit provided they fall into one of the four categories listed below.

Professionals: Under this category, you can be either a contractual service supplier or an independent (self-employed) professional. You need a university degree or equivalent qualification, occupation-specific professional certifications, and relevant work experience—three for service suppliers, and six for independent professionals.

Service suppliers must have been employed by the EU company for a year and have a service contract in Canada. Independent professionals must have a signed contract between themselves and a Canadian service consumer.

Work permit validity: 24 months; can only work for up to 12.

Intra-company transferees: Supervisors, executives, those with specialized knowledge and graduate trainees employed by an EU company with a parent, subsidiary, branch, or affiliate company in Canada may be eligible.

Workers must have worked for the EU employer (or a related EU employer in a member state) for at least one year.

Work permit validity: Up to three years for executives or specialists; up to one year for graduate trainees.

Investors: Executives, supervisors, or individuals with specialized skills who have made or will be making a substantial investment in a new or existing Canadian business. Duties must consist only of developing and directing the business.

Work permit validity: 24 months; can only work for 12.

Technologists: You must be either an engineering or scientific technologist, have a three-year post-secondary degree or equivalent qualification, and three years of experience in the relevant sector.

To qualify, you need to have been employed by the EU company for a minimum of one year and it must have a service contract in Canada. It is necessary to have the appropriate licensing or certification required for your occupation.

Work permit validity: 24 months; can only work for up to 12.

Schedule a Free FTA Work Permit Consultation with the Cohen Immigration Law Firm

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Citizens (and in some cases, permanent residents) of various countries in the Indo-Pacific may be eligible for a work permit through one of four CPTPP categories.

Professionals: Workers with a four-year post-secondary degree and two years of work experience may qualify.

Eligible occupations under the professionals category are country-dependent.

Work permit validity: Up to one year.

Intra-company transferees: You are a manager, executive, specialist, or management trainee employed by a multinational company that is to work in Canada for the same or a related company.

You must have at least one year of continuous employment or partnership CPTT business within the last three years.

Work permit validity: Up to three years.

Investors: You are a supervisor, executive, or specialized-skill employee planning to establish or develop a substantial investment on your own or through your enterprise.

Work permit validity: Up to one year.

Technicians: Citizens and permanent residents of certain CPTPP countries with a two-year post-secondary or technical degree and four years of work experience in their contracted job’s sector may qualify under the technicians category.

Eligible technician occupations vary depending on the country.

Work permit validity: Up to one year.

Canada-Chile Free Trade Agreement (CCFTA)

Under the Ccftacitizens of Chile may obtain an LMIA-exempt work permit to work temporarily in Canada if they fall under an eligible category.

Professionals: You are in an eligible general, medical/allied, scientific, or teaching occupation and meet the educational requirements for your position.

You must have all licensing and certifications required for your prearranged position.

Work permit validity: Up to three years.

Intra-company transferees: Chilean employees of a multinational company that has a parent, subsidiary, branch, or affiliate in Canada wanting to work for the same or related company in Canada.

You must be a manager, executive, or specialized knowledge worker.

Work permit validity: Five years for a manager or executive; three years for a specialized knowledge employee.

Investors and traders: Supervisors, executives, or individuals with essential skills planning to either engage in substantial trade (goods or services) between Canada and Chile or establish, develop or administer a substantial investment—the latter can include providing advice or key technical services.

Work permit validity: Up to one year.

Schedule a Free FTA Work Permit Consultation with the Cohen Immigration Law Firm

Canada-Colombia Free Trade Agreement (CCoFTA)

Citizens of Colombia can, through the CCOFTAget an LMIA-exempt work permit to work in Canada for a length of time determined by their work permit type.

Professionals: You are in a profession not deemed ineligible (and which falls under *NOC TEER 0 or 1), with a four-year post-secondary degree in your field of work. To qualify, you must meet all licensing or certification requirements for your position.

Work permit validity: Up to one year.

Intra-company transferees: Managers, executives, specialized knowledge workers, or management trainees employed by a multinational company in Colombia, who are being sent to work for the same or a related company in Canada.

You must have been employed continuously by your Colombian employer for at least six months in the last three years prior to applying.

Work permit validity: Up to three years.

Technicians: Colombian citizens in an eligible technician occupation with a two-year post-secondary or technical degree may qualify. You must have all necessary licensing and certification for your position and work in a *TEER 2 or 3 occupation.

Work permit validity: Up to one year.

Traders and investors: Supervisors, executives, or individuals with essential skills seeking to carry on substantial trade (goods and services) or invest a substantial amount of capital in Canada—the latter can include providing advice or technical services.

Work permit validity: Up to one year.

*The Canadian federal government uses the National Occupation Classification (NOC) to categorize occupations. Within the NOC, there are six levels of Training, Education, Experience, and Responsibilities (TEERs), with TEER 0 being the highest skilled occupations and TEER 5 being the least skilled.

How to apply

There are two main phases of submitting an application. The first is the employer’s responsibility and the second is the foreign worker’s.

Employer steps

Step 1: Submitting the job offer using the Employer Portal.

Step 2: Paying the employer compliance fee (230 CAD) necessary to hire a worker through the International Mobility Program.

Step three: Providing you with an offer of employment number.

Employee steps

Step 1: Ensuring you are eligible – Eligibility requirements differ based on both the applicable FTA and the designated work permit category under each FTAs framework.

Step 2: Reading the instruction guide – The federal government has an instruction guide for each FTA which provides more detailed eligibility and application information, considerations, and stipulations.

Step 3: Gathering the necessary documentation – When you fill out an online work permit application, you will receive a unique document checklist outlining which documents you must submit. You will also want to submit proof of certain things—such as educational credentials, licenses and certifications, or the specialized knowledge you possess for your role, if applicable.

Step 4: Paying the work permit processing fee – The processing fee for work permits is 155 CAD, and you must include the payment receipt with your application as this is your proof of payment.

Step 5: Submitting the application to Immigration, Refugees and Citizenship Canada (IRCC).

You may also be required to provide biometrics depending on your country of citizenship and occupation type. If so, you will have to pay the 85 CAD biometrics processing fee.

Meeting the requirements does not guarantee that you will be issued a work permit. You must still be admissible, and all permits are issued at the discretion of the immigration officer reviewing the application.

Permit processing times vary by country and tend to fluctuate but are in a general range of three weeks to five months.

Schedule a Free FTA Work Permit Consultation with the Cohen Immigration Law Firm