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.
The instructions on this page should be reviewed in conjunction with the following:
- Employer-specific work permits with Labour Market Impact Assessment (LMIA) exemptions
- Conditions and validity period on work permits
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) contains provisions for the temporary entry of investors.
On this page
- Documentary evidence
- Place of application
- Fields to review in the Global Case Management System (GCMS)
- Length of stay
- Spousal provisions – LMIA exemption code T53
- Work permit issuance in GCMS
To be eligible as an investor under the CPTPP, applicants must
- be a citizen of
- Australia (includes citizens and permanent residents)
- 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:
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 LMIA-exempt 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 at a migration office.
CPTPP signatory citizens can also apply for investor status from within Canada if they meet the requirements of section 199 of the Immigration and Refugee Protection Regulations (IRPR).
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 at a migration office.
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.
Fields to review in the Global Case Management System (GCMS)
When assessing applicants under the investor category, officers should review the following fields under the Employment Details tab in the Global Case Management System (GCMS) for information provided by the employer:
|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?
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||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?|
|Job Requirements||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 with Labour Market Impact Assessment (LMIA) exemptions (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.
Spousal provisions – LMIA exemption 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)
At this time, the spouses of citizens of Vietnam 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 one of the countries listed to apply.
Note: Officers should review these 2 pages when issuing a spousal work permit under CPTPP:
Work permit issuance in GCMS
Under the “Application” screen, officers should enter the following information in the specified fields:
|Field||Selection or input|
|Province of destination||
The province of destination entered by the applicant should match the address of employment in the LMIA-exempt 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 LMIA-exempt 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.
T50 – Principal applicant
This code is auto-populated from the LMIA-exempt 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 National Occupational Classification (NOC) code is auto-populated from the LMIA-exempt offer of employment.|
This is auto-populated from the LMIA-exempt offer of employment.
“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|
Principal applicant: 1 year from date of entry
Spouse: same as principal applicant
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