Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA) overview – Agreements or arrangements - International Mobility Program

The Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA) is an international agreement between Canada and multiple countries, and as such any work permit applications are assessed under paragraph 204(a) of the Immigration and Refugee Protection Regulations (IRPR). This regulatory section falls under the International Mobility Program.

The effective date of the implementation of the CUKTCA was April 1, 2021. CUKTCA is modelled on the Canada–European Union Comprehensive Economic and Trade Agreement (CETA).

Chapter 10 of the CUKTCA facilitates temporary entry to Canada for certain categories of business persons who hold citizenship in countries other than Canada that are signatories to the CUKTCA.

As detailed below, administrative codes have been created to capture data about business persons from the CUKTCA parties more effectively. However, officers will note that the CUKTCA still references CETA as it has been structured according to this agreement.

On this page

• Overview
• Categories of temporary entry
• Place of application
• Extending work permits issued under the agreement
• Determining eligibility
• Temporary entry

Overview

CUKTCA facilitates temporary entry for citizens of United Kingdom (UK) who are engaged in the trade of goods, the provisions of services, or the conduct of investment activities.

CUKTCA:

• does not assist permanent admission;
• has no effect on universal requirements related to passports and identity documentation, medical examinations and safety and security;
• does not exempt workers from meeting licensing or certification requirements respecting the exercise of a profession;
• extends special privileges to spouses or common-law partners.

Categories of temporary entry

The CUKTCA facilitates temporary entry for the following categories of business persons:

Business visitors – Work permit exempt under paragraph R186(a)

• A business visitor from the United Kingdom (UK) seeking entry to Canada is eligible for consideration under the provisions of the CUKTCA, as well as the general provisions which apply to all foreign workers.
• Business visitors engage in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after-sales service; and general service without the need for a work permit. These activities reflect the components of a business cycle (as per Appendix 10-D of the CETA)

Contractual service suppliers and independent professionals (Administrative codes F60 and F66)

• Contractual service suppliers or independent professionals are business persons who enter to provide pre-arranged professional services — either as a salaried employee of a Canadian enterprise, through a contract between the business person and a Canadian employer, or through a contract between the UK employer of the business person and a Canadian enterprise.

Intra-company transferees (ICT) – Executives or senior managers, Management trainees, Specialized knowledge workers, or Spouses or common-law partners (Administrative codes F61, F62, F63 or F64)

• are currently employed by an enterprise in the UK in a managerial or executive capacity (TEER 0 or 1), or in one which involves specialized knowledge, and are being transferred to the Canadian enterprise which has a qualifying relationship of parent, branch, subsidiary or affiliate, to provide services in the same capacity.

Investors (Administrative code F65)

• Investors have committed, or are in the process of committing, a substantial amount of capital in Canada.
• Investors must be employed in a supervisory or executive capacity or one that involves essential skills.

Engineering technologists and scientific technologists (Administrative code F67)

• be engaged in the supply of a service on a temporary basis as an employee of an enterprise that has obtained a service contract.
• not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual service suppliers during their stay in Canada.

Place of application

Business visitors are work permit exempt and therefore applications can be made at a port of entry, provided the applicant already has a valid temporary resident visa or electronic travel authorization to allow them to travel to Canada. Applicants must apply for and obtain the temporary resident visa or electronic travel authorization prior to travelling to Canada.

Foreign nationals that are exempt from the requirement for a temporary resident visa may apply for a work permit at the port of entry, as well as foreign nationals who otherwise meet the requirements of R198. For more information, see: Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP): Persons who may apply at a port of entry.

Foreign nationals may apply for a work permit from within Canada if they meet the conditions set out in section R199 of the Immigration and Refugee Protection Regulations.

To ensure a smooth entry to Canada, investors should be encouraged to submit their work permit application to an IRCC office prior to arrival in Canada.

Extending work permits issued under the agreement

The FTA allows for the extension of work permits originally issued in accordance with the agreement. Work permits may be extended at the discretion of the officer assessing the application, provided that the necessary documentary evidence has been submitted by the applicant to support the request.

To extend an FTA work permit under this agreement, the employer must submit a new offer of employment and the applicant must comply with regular work permit extension requirements.

When reviewing the duration requested by the employer, officers should examine the application and the offer of employment to ensure that the requirements and purpose of entry under the agreement are still being met. Extension applications under section R201 should be made online. Applications submitted at a port of entry or at an IRCC office outside of Canada are considered to be new work permit applications under section R200.

Examples of acceptable documentation to support an extension include the following:

• a service contract extension justification from the offering enterprise
• updated business plans
• an offer for a new contract
• feasibility studies and marketing plans

Determining eligibility

To determine eligibility, officers should consider the following factors:

• the intentions of the applicant
  • What is the applicant doing in Canada?
  • How long has the applicant been here?
  • How long is the request for?
• the reason given by the applicant for applying for the extension
  • Are the plans well thought out or merely frivolous?
  • Has the applicant previously received an extension?
• the applicant’s situation in their home country
  • What family, employment or other responsibilities and obligations has the person left behind?
  • How have these responsibilities been discharged?
  • Is a prolonged stay in Canada reasonable and feasible?
• the initial intent of the application
  • What was the original purpose of the business visit to Canada?
  • Has the original purpose of the business visit been fulfilled?
  • If the original purpose of the business visit has not been fulfilled, was sufficient time originally granted to fulfill the purpose?
• the necessary licence or documentation to practise the applicant’s occupation in Canada in instances where an occupation is regulated at a provincial or territorial level
  • For example, in most provinces and territories, electrician and plumber are regulated occupations and require documentation to be practised.

Temporary entry

The FTA defines “temporary entry” as “...entry without the intent to establish permanent residence.” This definition is consistent with immigration law. It is adaptable to individual circumstances and it recognizes that the concept of temporary entry cannot be based simply on a specific time limitation.

The definition does not allow for open-ended temporary entry. The provisions of the agreement cannot be used as a mechanism to circumvent procedures applicable to permanent employment nor as a means to establish de facto permanent residence.

Multiple renewals will not be approved routinely even though a lengthy appointment might have been indicated at the time of arrival in Canada. The longer the duration of temporary stay, the greater the onus will be on the foreign national, especially when requesting an extension of status, to satisfy an officer of temporary intent.

Foreign nationals may be authorized to work temporarily in a permanent position that, for one reason or another, is temporarily vacant.