Our ServicesThe Canada-United States-Mexico Agreement (CUSMA), formerly known as the North American Free Trade Agreement (NAFTA), facilitates trade and work opportunities among Canada, the United States, and Mexico. One of the key features of this agreement is the provision for simplified work permits, allowing professionals, investors, intra-company transferees, and traders from the United States and Mexico to work in Canada without needing a Labour Market Impact Assessment (LMIA). This blog delves into the details of the CUSMA work permit, outlining its benefits, eligibility criteria, and application processes for various categories of workers.
CUSMA Work Permit Overview
CUSMA provisions enable U.S. and Mexican citizens to access work opportunities in Canada more easily than other foreign nationals. While an LMIA is not required, a work permit is still necessary. The work permit application process is streamlined under CUSMA, making it faster and less cumbersome for eligible applicants. Here are the primary categories covered by CUSMA:
CUSMA Professionals
CUSMA Investors
CUSMA Intra-Company Transferees
CUSMA Traders
CUSMA Business Visitors
Work Permit in Canada for CUSMA Professionals
Professionals can apply for a CUSMA work permit without an LMIA if they meet specific criteria:
Occupation: The applicant must work in an occupation listed on the CUSMA Professionals Occupation List. Examples include architects, accountants, engineers, computer systems analysts, graphic designers, economists, disaster relief insurance claims adjusters, hotel managers, and foresters.
Employment Offer: A pre-arranged job offer from a Canadian employer in one of the listed professions.
Citizenship: The applicant must be a citizen of Mexico or the United States.
Application Process
Applicants have three ways to obtain a CUSMA Professionals work permit:
From within Canada: If the applicant is already in Canada temporarily.
At the Port of Entry: Applying directly at a Canadian port of entry.
At a Visa Office: Applying at a Canadian visa office before entering the country.
Required Documents
- Proof of employment in Canada.
- Proof of Mexican or American citizenship.
- Evidence of pre-arranged employment in Canada.
- Credentials demonstrating qualification for the chosen occupation.
Crucial Steps for Applying as CUSMA Investors
Investors from Mexico or the United States can apply for a CUSMA work permit if they meet the following requirements:
Citizenship and Enterprise Nationality: Proof of Mexican or American citizenship and that the enterprise has the same nationality.
Investment Intent: Evidence of intent to make substantial capital investments in Canada.
Employee Position: If the enterprise’s employee is applying, they must hold a supervisory, executive, or essential skill position.
Application Process
Given the complexity of the application, it is recommended to apply at a Canadian visa office rather than at the port of entry.
Required Documents
- Proof of the enterprise’s nationality.
- Proof of citizenship.
- Financial documents showing past or current capital investment or fund control in Canada.
Intra-Company Transfer Procedures under CUSMA
An intra-company transferee must meet the following requirements:
Citizenship: Must be a citizen of Mexico or the United States.
Position: The transfer must be to a managerial or executive position, or one requiring specialized knowledge.
Employment History: Continuous full-time employment in a similar position for at least one year within the three years preceding the application.
Company Relationship: The Canadian and foreign companies must have a qualified relationship, such as a parent, branch, subsidiary, or affiliate.
Application Process
Applicants can apply for a work permit:
At a Visa Office: Before entering Canada.
At a Port of Entry: Upon arrival in Canada.
From within Canada: If temporarily residing in Canada.
Required Documents
- Confirmation of current employment by the foreign company.
- Proof of Mexican or American citizenship.
- Detailed job description in Canada.
- Evidence of at least one year of full-time employment.
- Proof of the company’s qualifying relationship.
Application Eligibility for Traders under CUSMA
Traders can qualify for LMIA exemption if they meet the following conditions:
Citizenship and Enterprise Nationality: The trader must be a citizen of Mexico or the United States, and the enterprise must have the same nationality.
Trade Involvement: Proof of substantial trade in goods or services between Canada and the United States or Mexico.
Position: The trader must hold a supervisory or executive position, or one requiring specialized knowledge.
Application Process
Applicants should submit their applications in advance to a Canadian visa office due to the complexities involved.
Required Documents
- Proof of the enterprise’s nationality.
- Proof of citizenship.
- Evidence of the trader’s position and qualifications.
- Proof of significant trade activities with Canada.
Key CUSMA Criteria for Business Visitors
Business visitors from Mexico or the United States can handle international business activities in Canada without an LMIA or work permit if they meet the following requirements:
Citizenship: Must be a citizen of Mexico or the United States.
Business Scope: The business activities must have an international scope.
No Intention to Enter the Labour Market: Must prove their primary business place and remuneration source are outside Canada.
Conclusion
CUSMA simplifies the process for Mexican and American citizens to work in Canada by eliminating the need for an LMIA and streamlining the work permit application process. However, it is crucial to understand the specific criteria and documentation required for each category under CUSMA to ensure a successful application. If you have any questions or need assistance with your work permit application, Immigrationway is here to help you navigate the process seamlessly.
