Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) overview – Agreements or arrangements - International Mobility Program

The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is an international agreement between Canada and the European Union member states, 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 CETA was September 21, 2017.

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

As detailed below, administrative codes have been created to capture data about business persons from the CETA parties more effectively.

On this page

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

Overview

CETA facilitates temporary entry for citizens of the European Union (EU) who are engaged in the trade of goods, the provisions of services, or the conduct of investment activities.

CETA:

• 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 and common-law partners.

Member countries of the CETA

The temporary entry provisions of Chapter 10 of the CETA are restricted to the following 27 European Union countries:

• EU countries

Categories of temporary entry

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

• Business visitors and business visitors for investment purposes (work permit exempt under R186(a)
• Investors (work permit required/LMIA exemption code T46)
• Contractual service suppliers and independent professionals (work permit required/LMIA exemption codes T47 and T43)
• Intra-corporate (company) transferees (work permit required/LMIA exemption code T41, T42 or T44) and spouses (open work permit/LMIA exemption code T45)
• Engineering technologists and scientific technologists (work permit required/LMIA exemption code T48)

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

Most CETA work permits may be extended at the discretion of the officer who is assessing the application, provided the necessary documentary evidence has been submitted by the applicant to support the request.

Intra-corporate (company) transferees may be extended only for a period of up to 18 months, and graduate trainees are prohibited from receiving any extensions. Permits for contractual service suppliers, independent professionals and engineering and scientific technologists may be extended only up to 12 months from the start of the initial work permit and must fall within the overall 24-month window permitted for these categories. Investor work permits are eligible for extensions, per the discretion of the reviewing officer.

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?

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 temporary vacant.