Canada-Colombia Free Trade Agreement (CCOFTA) overview – Agreements or arrangements – International Mobility Program

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

The Canada-Colombia Free Trade Agreement (CCOFTA) is an international agreement between Canada and Colombia, 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 CCOFTA was signed in November 2008 and became effective August 15, 2011.

Chapter 12 - Temporary Entry for Business Persons of the CCOFTA facilitates temporary entry to Canada for certain categories of business persons who hold citizenship in countries other than Canada that are signatories to the CCOFTA.

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Overview

The CCOFTA facilitates temporary entry for citizens, nationals and permanent residents of Colombia who are engaged in the trade of goods, the provisions of services, or the conduct of investment activities.

CCOFTA:

  • 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 meet licensing or certification requirements respecting the exercise of a profession
  • extends special privileges to spouses and common-law partners.

Member countries of the CCOFTA

The temporary entry provisions of Chapter 12 of the CCOFTA are restricted to:

  • citizens, nationals, or permanent residents of Colombia.

Categories of temporary entry

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

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

  • A Colombian business visitor seeking entry to Canada is eligible for consideration under the provisions of the CCOFTA, 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 or after-lease service; and general service without the need for a work permit. These activities reflect the components of a business cycle (see Chapter 12 of the CCOFTA).

Traders (Administrative code F10)

  • Traders carry on substantial trade in goods or services between Colombia and Canada.
  • Traders must be employed in a supervisory or executive capacity or one that involves essential skills.

Investors (Administrative code F11)

  • 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.

Professionals and technicians (Administrative code F12)

  • Professionals and technicians 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 Colombian employer of the business person and a Canadian enterprise. As per Appendix 1203.D of the CCOFTA, there are specific occupations covered by the Agreement. Professionals enter to provide services in the field for which they are qualified.

Intra-company transferee (ICT) – Executives or senior managers, Management trainees or Specialized knowledge workers (Administrative codes F13, F14 or F15)

  • are currently employed by a Colombian enterprise in a senior 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.

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 who 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.

Spouses and common-law partners (open work permit/LMIA exemption code T25)

Annex 1203: Section E of the CCOFTA includes provisions to facilitate work permit issuance for the spouses or common-law partners of Investors or Traders (F10 or F11), Intra-Company Transferees (F13, F14 or F15), and Professionals and Technicians (F12).

Each party shall grant temporary entry and provide an open work permit to a spouse or common-law partner of a business person qualifying for temporary entry under the agreement, (with the exception of the Business Visitor Category), if the spouse or common-law partner otherwise complies with existing immigration measures applicable to temporary entry. Such an individual should be processed using LMIA exemption code T25.

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