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Canada-EU free trade brings immigration opportunities

Canada’s free trade agreement with the European Union (EU) is good news for newcomers to the country, says Toronto immigration lawyer Robin Seligman.

The Canada-EU Comprehensive Economic and Trade Agreement (CETA) came into force provisionally on Sept. 21, creating new opportunities for three groups of European citizens seeking temporary or longer stays in Canada.

  • Key personnel: including intra-corporate (company) transferees, investors, and business visitors for investment purposes;

  • Contractual service suppliers and independent professionals; and

  • Short-term business visitors.

Eligible applicants in all three categories receive work permits without going through the Labour Market Impact Assessment (LMIA) process, which is normally required to show that no Canadian citizens or permanent residents are already qualified and willing to fill vacancies.

Seligman, principal of immigration law boutique Seligman Professional Corporation, tells AdvocateDaily.com that this will make the whole process much quicker and more straightforward for applicants and their Canadian employers.

“This is great for businesses and European professionals because it expands their opportunities for coming to Canada,” she says.

“It’s also good news for Canadians who want to travel to Europe for business purposes.”

CETA was signed by Canada and the EU in late 2016, with implementation bills following in both signatories’ parliaments early in 2017, and covers a wide range of issues tied to trade between the two jurisdictions.

Although not all of the EU’s individual member countries have yet ratified the agreement, the immigration changes took effect with the provisional launch date in September.

Under the agreement, intra-company transferees must have been employed in the EU for at least a year, and only moving temporarily to Canada. Senior personnel and specialists can stay for up to three years on their LMIA-exempt work permits, with the possibility of an 18-month extension, while graduate recruits qualify for up to 12 months.

For contractual service suppliers and independent professionals, CETA provides for individuals from a number of sectors, including engineers, accountants and architects, to work in Canada for up to 12 months, as long as they have been with the EU-based enterprise which won the contract for at least a year. Self-employed contractors from Europe must have six years of professional experience to qualify for the work permit.

Short-term business visitors or those in the country for investment purposes get a maximum stay in Canada of 90 days over a six-month period under CETA, and cannot engage in sales to the general public during that time.

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