Professionals – CUFTA [R204(a) – F72] – 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.
In these instructions, “officer” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.
The instructions on this page should be reviewed in conjunction with
- Employer-specific work permits – General processing – International Mobility Program
- Conditions and validity period on work permits
The Canada–Ukraine Free Trade Agreement (CUFTA) is an international trade 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 (IMP).
The CUFTA contains provisions for the temporary entry of professionals.
On this page
- Eligibility
- Documentary evidence
- Place of application
- Application assessment
- Eligible occupations
- Final decision
- Spousal provisions – LMIA exemption code F73
Eligibility
To qualify as a professional the applicant must
- have an IMP offer of employment in an eligible Training, Education, Experience and Responsibilities (TEER) 0 or 1 occupation
- have a post-secondary credential of 3 or more years of study and any additional educational requirements as per their specific occupation in the NOC
- have 2 years of paid work experience in the sector of activity of the contract
- be remunerated at a level commensurate with other similarly qualified professionals in the industry and region where the work is performed
- Such remuneration should not include non-monetary elements, such as housing costs and travel expenses.
- The assessment of the level of remuneration should be based on the prevailing wage. Use the Explore Labour Market Information tool for more information.
Documentary evidence
Professionals and technicians should present documentation that includes
- an offer of employment submitted by the Canadian enterprise that indicates
- the occupation for which entry is sought
- the province or territory of destination
- details of the position (job description, duration of employment, arrangements regarding payment)
- proof of educational qualifications and any additional credentials required to discharge job duties in Canada (such as licensing or certification)
- if the occupation is regulated by the province or territory, evidence of licensing or certification in their occupation from the applicable Canadian or foreign regulatory body (see Regulated or certified occupations – Processing of work permit applications)
- proof of work experience
Important: The Canadian company must submit an offer of employment and pay the employer compliance fee through the IRCC Employer Portal, as it is the Canadian company that is creating the need for the temporary worker to enter Canada. The offer of employment does not establish the standard employee–employer relationship as normally understood in the labour force; however, the company submitting the offer of employment is responsible for the conditions outlined in the regulations for the International Mobility Program, and may be subject to the employer compliance regime.
Place of application
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 can foreign nationals who otherwise meet the requirements of section 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.
Application assessment
Language requirement
If an officer has concerns about the applicant’s ability to communicate in 1 of the 2 official languages, the officer may ask the applicant to provide evidence to satisfy the officer that the applicant’s language abilities will permit them to perform the specific job for which they were hired and that they understand the health and safety requirements of their workplace.
Officers may request documentary evidence, such as the level of English- or French-language education obtained, correspondence with the intended employer and examples of previous work undertaken in countries where English or French is an official language, to aid them in assessing language ability.
See Assessing language requirements for instructions on how officers can assess language ability.
Note: An applicant whose letter of offer outlines specific official language requirements must satisfy the officer that they meet those requirements.
IMP offer of employment
When assessing if the work permit application meets the requirements for a CUFTA professional or technician, officers should review the offer of employment that appears under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer or the matching fields on the IMM 5802 form (if the employer was authorized to use it).
| Field | Considerations |
|---|---|
| Requirements Exemptions Met |
Information in this field outlines how the job and the foreign national meet the regulatory and trade agreement requirements, including that the applicant
|
| Duration | 1 year maximum duration |
| Duties and Job Requirements |
These are the activities that the foreign national will be performing. Do they align with the occupation? Are there specific requirements that align with the professional or technician category of the applicant? Does the employer require more than the minimum amount of paid work experience? |
| Wages |
Note: A mandatory wage assessment is not required for applicants under this category. However, for these applicants, wage remains an important indicator of knowledge, expertise and experience and should be taken into account as an important factor in an officer’s overall assessment, although officers should not refuse an application based on the wage alone. There is no requirement that the foreign national be paid by the Canadian enterprise or in Canadian dollars. |
| Minimum Education Requirements |
Do the educational requirements outlined in the offer of employment align with the minimum education requirements of the professional or technician category? Are there additional or alternative requirements for this occupation defined in the NOC? |
| Other Training Required | The employer may indicate specialty training as a requirement. |
| Provincial/Federal Certification, Licensing or Registration |
The employer should list any specific certification, licensing or registration required in Canada. Documented evidence should be provided with the application if the occupation is regulated by the province or territory; however, some occupations may require the foreign national to write an exam after they enter Canada, for example, for a licence from a regulated body or a first aid certificate. |
Refer to Employer-specific work permits – General processing – International Mobility Program for further guidance.
Eligible occupations
All TEER 0 and 1 occupations are permitted, except the following:
- health, education and social services occupations and related occupations
- judges, lawyers, and notaries except for foreign legal consultants
- managers in postal and courier services
- managers of telecommunications carriers
- occupations related to cultural industries
- recreation, sports and fitness program and service directors
Final decision
Approval
The work permit will be issued under the authority of paragraph R204(a).
In GCMS, under the Application screen, officers should enter the information below in the specified fields.
| Field | Selection or input |
|---|---|
| Case type | 52 |
| Province of destination | The province of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment Details – LMIA-exempt tab. |
| City of destination | The city of destination entered by the applicant should match the address of employment in the IMP offer of employment. This information is under the Employment Details – LMIA-exempt tab. |
| Exemption code |
F72 This code is auto-populated from the IMP offer of employment. This code should only be changed in specific circumstances. For further instruction, see Changes between the offer of employment and the work permit application. |
| NOC | The NOC code is auto-populated from the IMP offer of employment. |
| Intended occupation |
Job title This is auto-populated from the IMP offer of employment. |
| LMIA/LMIA-exempt # |
“A” number from the work permit application. This number is auto-populated from the work permit application, and it is what is used to “match” in the Portal. If the work permit application was submitted on paper, the officer must manually enter the number. |
| Employer | Business operating name |
| Duration |
Officers may issue a work permit that is valid for the duration of the offer of employment or until the expiry of the travel document, whichever is earlier. Refer to Validity period for work permits |
Note: If the employer is authorized to use an IMM 5802 form instead of completing the offer of employment through the Employer Portal, please see Employer-specific work permits – General processing – International Mobility Program.
Refusal
If an officer is not satisfied that all the requirements of R200, including the assessment under R204(a), are met, they must record their reasons and outline the rationale underlying the decision as well as the facts and elements considered. They must also provide an explanation for the decision in a case note.
A decision is reasonable and therefore defendable when another person is able to trace the decision maker’s reasoning without encountering fatal flaws in the overarching logic, and is satisfied that there is a line of analysis within the given reasons that could reasonably lead the tribunal from the evidence before it to the decision maker’s conclusion.
The officer needs to engage with the documentary evidence that was provided by the applicant. Simply stating “I have reviewed the submissions and I am not satisfied that R204 is met” is not sufficient for another reasonable person to understand the logic of the decision without reviewing all of the evidence again.
Refusal reasons should clearly indicate which criteria or what requirement of R200 was not met and explain how the conclusion was reached. For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.
For assistance, officers can follow the steps in Decision making: Standard of review and process for making a reasonable decision.
Refusal grounds in the GCMS
The GCMS has standard text for refusal grounds. Officers should ensure that the refusal grounds selected for the refusal letter match the reasons that they have stated in their case note.
If an officer has reasonable grounds to believe that the applicant is not able to perform the work sought, they should select the paragraph “R200(3)(a) You were not able to demonstrate that you will be able to adequately perform the work you seek.” Officers should ensure that they clearly indicate in their refusal notes why they are not satisfied.
Given that there is no specific refusal ground for Free Trade Agreement categories in GCMS for when a officer is not satisfied that the criteria has been met, they should select the refusal ground “Other” and add a short explanation in the Comments field that they are not satisfied that section R200 or paragraph R204(a) are met.
Length of stay
The initial length of stay is 1 year.
Extensions by one-year increments are allowed if the applicant is able to provide documentation that satisfies the processing officer of their need to have their stay extended.
See Extending work permits issued under the CUFTA for details on when an application can be extended.
Spousal provisions – Administrative code F73
Spousal eligibility is based on the citizenship or permanent resident status of the principal applicant and their occupational level.
An open work permit may be issued to the spouse of a professional if the principal applicant is a citizen or permanent resident of Ukraine.
Note: The open work permit should have a validity that matches the principal applicant’s work permit. The spouse or common-law partner’s work permit may be issued at a port of entry (POE).
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