Canada-Peru Free Trade Agreement – R204(a) – Agreements and arrangements – International Mobility Program

The Canada-Peru Free Trade Agreement (CPFTA) is an international agreement between Canada and Peru, and as such any work permit applications are assessed under paragraph 204(a) of the Immigration and Refugee Protection Regulations (IRPR). This regulatory sections falls under the International Mobility Program.

The agreement was signed in 2008 and became effective August 1, 2009.

Chapter 12 Temporary Entry for Business Persons of the CPFTA facilitates temporary entry to Canada for certain categories of business persons who hold citizenship or permanent residency in Peru.

On this page

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

Overview

CPFTA facilitates temporary entry for citizens or permanent residents of Peru who are engaged in the trade of goods, the provisions of services, or the conduct of investment activities.

CPFTA:

• 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
• does not extend special privileges to spouses and members of the family. Entry of family members is governed by the provisions of the Immigration and Refugee Protection Act and Regulations

Categories of temporary entry

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

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

• A Peruvian business visitor seeking entry to Canada is eligible for consideration under the provisions of the CPFTA, 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 Annex 1203, Section A, of the CPFTA).

Traders (Administrative code F50)

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

Investors (Administrative code F51)

• 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 or technicians (Administrative code F52)

• Professionals or 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 Peruvian employer of the business person and a Canadian enterprise. As per Appendix 1203.D.1 of the CPFTA, there are specific occupations covered by the Agreement. Professionals enter to provide services in the field for which they are qualified.

Intra-company transferees (ICT ) – Executives or senior managers, Management trainees or Specialized knowledge workers (Administrative codes F53, F54 or F55)

• are currently employed by an Peruvian enterprise 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.

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.