Expanded International Mobility Program provisions of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

On December 30, 2018 The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) became the latest international trade agreement to come into effect in Canada. Important among the new developments implemented by this agreement is an expansion of the International Mobility Program (IMP) for professional and business visitors. New temporary resident visas designated for business travel came into effect and new exemptions are granted from the requirements for local labour market impact assessments (LMIAs) in certain work permit categories. These new exemptions make work permit issuance simpler and easier for Canadian employers seeking to employ foreign skilled professions.

To date six signatory nations have ratified the CPTPP, which are: Australia, Canada, Japan, Mexico, New Zealand and Singapore. More participating parties are expected to enter in the coming years; including Brunei, Chile, Malaysia and Peru. Vietnam has also already ratified the agreement; however, it will come into force in their jurisdiction later in 2019. As Canada already has trade agreements in place with Chile and Peru, the CPTPP will provide additional allowances and exemptions for nationals from these countries who seek entry to the Canadian job market.

The resulting Canadian immigration categories under the CPTPP are divided into two broad groups: the first group is for business travel categories that provide a participating national with temporary resident visas that allow entry to conduct various business activity which do not constitute direct entry into the Canadian job market; the second group allows work permits for professionals and technicians either hired outside the organization of the employer or are intra-corporate transferred personnel.

It is uniquely noteworthy about the CPTPP that due to the disparate needs for participation from each signatory nation, the benefits of each visa or permit category herein are not the same for nationals of each signatory nation.

Business visitor category: temporary resident visa (Nationals of all signatories may participate, as well as permanent residents of Australia and New Zealand)

Temporary resident visa holders under this category will be allowed to enter Canada to engage in the following professional or trade activities:

  • Meetings and consultations
  • Research and design
  • Manufacture and production
  • Marketing
  • Sales
  • Distribution
  • After-sales or after-lease services
  • General business or trade services

The length of stay for this category is up to six months, with a right to apply for extension.

After-sales services category: temporary resident visa (Nationals of Australia, New Zealand and Mexico only may participate)

Temporary resident visas will be granted to professionals who are personnel of Foreign Service or product suppliers with specialized knowledge essential to their employer enterprise’s contractual obligations in Canada. Contracts can be for the sale or lease of commercial or industrial equipment or machinery to a firm located in Canada. Pursuant to these obligations, the visa holder will be granted entry to Canada in order to perform service tasks in their field of expertise for client enterprises or for training employees of a client enterprise to perform the same tasks.

The length of stay for this category is up to six months, with a right to apply for extension.

Investors category: work permit (Nationals of Australia, Japan and Mexico only may participate)

Work permits can be issued to investors who seek to enter Canada to establish, develop or administer capital investments to which the investor or the enterprise to which they are manager or executive have committed. This same permit may also be issued to the investor if the investment has not been made but are in the process of committing a substantial amount of capital for investment.

The permit holder’s presence in Canada and role in the investment must be in a capacity that is supervisory or involves essential professional skills.

The length of stay for this category is up to one year, with a right to apply for extension. A spouse may accompany the work permit holder and may also apply for their own work permit.

Intra-Corporate transferees category: work permit (Nationals of Australia, New Zealand and Mexico, only may participate as well as permanent residents from Australia and New Zealand)

Work permits can be issued to specialists, executives, or managers of a transnational enterprise or business group to be internally transferred and employed in the enterprise’s parent company, a subsidiary or an affiliate in Canada. Management trainees on a professional development role can also be granted a work permit in this category. Candidates are required to have been continuously employed in the enterprise for at least one year within the three years immediately preceding the date the application is submitted.

A specialist is an employee possessing expert and particularized knowledge of an enterprise’s products or services, or a superior level of expertise of the enterprises processes and procedures.

An executive exercises broad authority in decision making and directs management of an enterprise by establishing the enterprise’s business goals and policies.

A manager directs, supervises and controls a sub-division of an enterprise, has authority over personnel and budget policies, and exercises authority over daily operations within that sub-division.

The length of stay for this category is up to three years, with a right to apply for extension. A spouse may accompany the work permit holder and may also apply for their own work permit.

Professionals and technicians category: work permit (Nationals of Australia, Japan and Mexico may participate)

Work permits can be issued to professionals and technicians who have been engaged from overseas to work for an enterprise inside Canada and intend to work in a pre-set list of designated occupations. A separate list of designated occupations has been assigned each for professionals and technicians.

Employers and candidates should be aware that this category has strict credential requirements. Candidates will be required to disclose evidence of licensing or certification in their occupation from an applicable Canadian or foreign regulator if they seek to enter an occupation that is regulated by a regional authority in Canada. Furthermore, candidates will be required to demonstrate an ability to communicate in one of Canada’s the two official languages, English or French, for the purposes of the work they intend to perform.

Candidates applying as professionals in this category are required to have minimum post-secondary education of four or more years, unless otherwise qualified by program delivery instructions, and meet educational requirements as set out in the National Occupation Classification (NOC) for the speciality occupation on the designated list for professionals. These candidates are also required to have at least two years of professional experience in that same NOC.

Candidates applying as technicians in this category have similar requirements, including minimum post-secondary or technical degree issuing education of two or more years, unless otherwise qualified by program delivery instructions, and meet educational requirements as set out in the NOC for the speciality occupation on the designated list for technicians. These candidates are also required to have at least four years of professional experience in that same NOC.

The length of stay for this category is up to one year, with a right to apply for extension. A spouse may accompany the work permit holder and may also apply for their own work permit.

Employers or professionals who could benefit from the immigration provisions set out in the CPTPP should consult a immigration specialist for further information during the ratification and implementation of the process.

 

Kieran Verboven practices in the immigration group and is a member in good standing with the Immigration Consultants of Canada Regulatory Council (ICCRC). Kieran received his Bachelor of Arts from McGill University and has been an immigration practitioner since 2007.

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