Investors – CPTPP [R204(a) – T50] – Agreements or arrangements – International Mobility Program

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

• Eligibility
• 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

Eligibility

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

• be a citizen of
  • Australia (includes citizens and permanent residents)
  • 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:

• Significant benefit considerations
• Economic benefit considerations

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 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

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:

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)
• Japan
• Mexico
• Peru

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.

Work permit issuance in GCMS

Under the “Application” screen, officers should enter the following information in the specified fields: