Canadian Immigration Blogs

What is NAFTA, and How Does it Impact my Ability to Work in Canada?

You’ve probably heard the term NAFTA before. If you don’t already know what NAFTA is, I’m here to help. “NAFTA” stands for North American Free Trade Agreement. This is an agreement between Mexico, Canada and the USA designed to allow citizens of these three countries easier access to the benefits of each other’s economies, through trade and work contributions. What this means is individuals who are citizens of these three countries have the privilege of being able to access work industries beyond their own borders easier than if they were not citizens of one of these three countries. Canadian, US and Mexican citizens can obtain a work permit for one of these three countries relatively easily. Though, it is a very important process to understand, to ensure you are not denied the opportunity to work in another county. Keep reading this blog for a detailed explanation of obtaining a NAFTA work permit, to come to work in Canada if you are from the USA or Mexico.

What is a NAFTA Work Permit?

As mentioned, NAFTA makes it easier for citizens of certain countries to find a work permit. But how does it actually do this? Because of NAFTA, individuals who apply for a work permit under NAFTA do not have to obtain a Labor Market Impact Assessment (LMIA), before they are able to come to Canada. A LMIA is used to ensure there is a need for a foreign worker to fill a position within Canada, because there is no Canadian available to fill the position. Essentially, this means that individuals under NAFTA are protected from the requirement that they cannot take a position from any Canadian. As the result of NAFTA, citizens of the US and Mexico are also privilege to the Canadian labor market. This is a huge benefit to citizens of these countries, as the process of applying for an LMIA can be lengthy and difficult, and seriously impact your chances of being permitted to work in Canada on a temporary basis. This process requires a foreign worker to have a Canadian employer arrange for their employment within Canada. Receiving a positive LMIA is a large part of this process, as they must obtain permission from the Canadian government to bring a foreign worker to Canada, before they can enter the country and begin to work. As mentioned, NAFTA removes this requirement and greatly speeds up the application process; some individuals can even apply for their work permit at the border, but this ultimately depends on your specific situation.

FAQ – Business Immigration in Canada

In this article, I will address a few popular questions and answers with regards to business immigration in Canada and some important information to consider when applying for any business immigration program. The Canadian Business Immigration Class is intended for foreign nationals with business or managerial experience as well as a high net-worth. Specifically, there are three different categories that fall under this class; they are the Investor category, the Entrepreneur category, and Self-Employed persons. If you are a skilled foreign national with the above qualifications and would like to apply under a Business Immigration Class category, I suggest you read our article on “Canadian Business Immigration” before reading this question and answer article. The intention of this article is meant to clarify any misunderstanding or confusion with regards to business immigration in Canada.

Q: What type of documentation should I submit if I am applying under the Canadian Business Immigration Class?

A: This is a very important question to ask before applying for any Business Immigration Class application. It is essential to the success of the application for you to provide the necessary documents to Immigration Canada. For instance, when applying for any immigration application, you must diligently complete all forms in full. If you don’t, Immigration can return or refuse your application. Additionally, you will need to provide identity documents, such as your passport or birth certificate. If you’re married, you will have to provide your marriage certificate as well. Furthermore, you will need to submit education documentation as well as documents proving your business and/or managerial experience. For instance, your business registration, your resume to show your past experience, etc. Lastly, you will also have to show any evidence of your net worth.

Several Circumstances Where LMIA Can Be Waived

In order to successfully bring and hire a temporary foreign worker to Canada, in most cases, Canadian employers must acquire a positive Labour Market Impact Assessment (LMIA) prior to hiring them. However, there are several different circumstances and cases where a LMIA is not required and may be waived. There are common LMIA exemptions that fall under specific categories, such as significant benefit, reciprocal employment, and charitable and religious workers. It is important to remember that even though an individual may be exempt from getting an LMIA, it does not mean that the individual is exempt from getting a valid work permit. All of the LMIA exemptions are still required to obtain a valid work permit to work in Canada. Furthermore, in this article, I will address the specific LMIA exemptions and what that means for those individuals.

Significant Benefit

A significant social or cultural benefit refers to the degree of flexibility an Immigration officer has in assessing whether a valid work permit may be issued without the need for a positive LMIA. In order to accurately and properly assess this, the foreign worker’s proposed benefit and skill to Canada through their work must be significant and notable. Immigration officers often refer to the testimony of the credible and distinguished experts in the foreign worker’s field of work, in addition to any objective evidence provided. In order to determine the foreign worker’s level of achievement in their past experiences, Immigration often looks at their past records as a good indicator of this.

Quebec Immigrant Investor Program

On May 29, 2017 a new Canadian business immigration program opened known as the Quebec Immigrant Investor Program (QIIP). This program gives international investors the opportunity to obtain permanent resident status in Canada by making a risk-free $800,000 CAD investment guaranteed by the Quebec government entity.

When investing through the QIIP you do not need to create a quota of jobs within a specific timeframe. Most other investor programs in Canada and abroad require a quota within a certain time frame such as the EB-5 Program in the United States.

Work Permit Eligibility

Do you want to work in Canada? Do you feel like the job and/or career opportunities are better here than in your home country? If so, you should apply for a work permit. It is important to note that a work permit is necessary for all foreign nationals that wish to work and contribute to the Canadian economy. In some circumstances, a work permit is not needed. In this article I will explain in detail, who is eligible for a work permit and who is not, how to start the process of obtaining a work permit and further steps.

What is an Open Work permit?

An open work permit is a work permit that is not job-specific. Due to it not being job-specific, you will not need the following when you apply for a work permit: