Investors – CPTPP [R204(a) – T50] – 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.

These instructions apply to IRCC employees. Since applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.

The instructions on this page should be reviewed in conjunction with the following:

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), 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).

On this page

Eligibility

To be eligible as an investor under the CPTPP, applicants must

  • be a citizen of
    • Australia (includes citizens and permanent residents)
    • Brunei
    • Chile
    • Japan
    • Mexico
    • Peru
    • Vietnam
  • establish, develop or administer an investment to which a substantial amount of capital was committed or is in the process of being committed
    • The foreign national may be the owner of the enterprise committing the funds or an employee of the enterprise.
    • Officers should use discretion if the commitment date of funds is unknown or not in the short term.
  • be in a supervisory or executive role or a role that involves essential skills
    • for example, setting up a specific franchise or a laboratory

Officers may refer to the Canada–United States–Mexico Agreement investor instructions (Section 6) for definitions related to supervisors, executives and essential skills.

They may refer to the following guidelines for procedures on assessing a “substantial amount” of capital:

Documentary evidence

The onus is on the applicant to provide evidence that they meet the eligibility requirements and will be able to perform the work being sought as stated in the IMP offer of employment.

The following documents and evidence are required:

  • proof of citizenship or permanent residence in an eligible CPTPP signatory country for the investor category
  • evidence that the investment in Canada is a real and active commercial or entrepreneurial undertaking that operates to produce a service or commodity for profit
    • For example, an applicant may provide a plan for future investment, expansion, or development of a business
  • proof that the funds or other capital assets put towards the investment were acquired by legitimate means
  • proof of productive investment in Canada (for example, demonstrating that the investment will expand job opportunities locally)
  • a letter of introduction from the employer that specifies
    • the position in Canada, title, place in the organization, job description, and whether the applicant will occupy a role as a supervisor, executive or employee with essential skills
    • in the case of an employee with essential skills, evidence that the person has such skills and that the position in Canada requires such knowledge
    • the intended duration of stay
    • a description of the financial arrangement that was or will be used for the investment

Note: There must be an offer of employment submitted by the employer in Canada prior to any work permit application.

Place of application

Due to the complexity of the application and for reasons of client service, program consistency and reciprocity, the initial application for a work permit as an investor should be submitted outside of Canada.

CPTPP signatory citizens can also apply for investor status from within Canada if they meet the requirements of section R199.

A temporary resident visa-exempt citizen of a CPTPP country who wishes to submit an application at a port of entry should be counselled to submit the application to IRCC.

Extension applications: The file from the issuing office should be requested to compare the original information and documentation with that presented in support of the extension request.

Application assessment

When assessing if the work permit application meets the requirements of the CPTPP, 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 (who could be themselvesthe applicant) or the matching fields on the IMM 5802 form (if the employer was authorized to use it).

Field Considerations
LMIA Exemption Title and LMIA Exemption Code

The employer is required to select this from a drop-down list of values in the Employer Portal. This code cannot be changed on the offer of employment.

Employers should select T50 - CPTPP Investors.

Requirements Exemptions Met

Has the employer indicated how the position in Canada meets the eligibility requirements for the CPTPP?

For example, what is the investment being made or proposed and what is the position that the foreign national will hold?

NOC and Job Title

Do the National Occupational Classification (NOC) code and Jjob title align with their duties as the investor?

Duration

The maximum duration for initial work permits under the investor category is 1 year.

Is the employer requesting a longer period of time than what is allowed under the CPTPP? If yes, this may be an indicator that the foreign national may not be entering for a temporary purpose.

Duties and Job Requirements

These are the activities that the foreign national will be performing. Do they align with the occupation?

Do they make sense in relation to the investment that is being made?

Are there specific requirements that align with the applicant’s role?

In the case of an investor in an executive or supervisory role, what essential skills are required for the job?

Minimum Education Requirements Are the educational requirements compatible with the stated occupation outlined in the offer of employment? The client’s education may have some bearing on whether the client meets the job requirements; however, its relative weight may be less if their work experience is sufficient.

Refer to Employer-specific work permits– General processing – International Mobility Program for further guidance.

Length of stay

The initial length of stay is 1 year.

Extensions of stay are allowed if the applicant is able to provide documentation that satisfies the processing officer of the applicant’s need to have their stay extended.

See Extending work permits issued under the CPTPP for details on when an application can be extended.

Final decision

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.

If there is more than one location, officers should enter the primary location in the “Province of destination” field and the secondary location in the “User remarks” field.

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.

If there is more than one location, officers should enter “Unknown” in the “City of destination” field and “As per the offer” in the “User remarks” field.

Exemption code

T50 – Principal applicant

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

T-53 – Spouse

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

Principal applicant: 1 year from the date of entry

Spouse: same as principal applicant

Spousal provisions – Administrative code T53

“Spouse” or “spousal” in this section refers to both married spouses and common-law partners.

An open work permit may be issued to the spouse of an investor if the principal applicant is a citizen of

  • Australia (or a permanent resident of Australia)
  • Chile
  • Japan
  • Mexico
  • Peru

At this time, the spouses of citizens of Vietnam and Brunei are not eligible for a spousal work permit based on the CPTPP agreements.

Spousal eligibility is based on the citizenship or permanent resident status of the principal applicant. The dependent spouse does not have to be a citizen or national of 1 of the countries listed to apply.

Note: Officers should review these 2 pages when issuing a spousal work permit under CPTPP:

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