ARCHIVED – Operational Bulletins 085 – December 15, 2008

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Extensions of NAFTA Professional Work Permits

This Operational Bulletin has expired. Please refer to manual FW 1 – Foreign Worker Manual for current information.

Background

Under Chapter Sixteen of the North American Free Trade Agreement (NAFTA), the Parties agreed to facilitate the temporary entry of a number of categories of business persons. One of the main categories is that of professionals who, as citizens of any of the three NAFTA countries, are able to work temporarily in another NAFTA country without the need for a labour-certification test.

In the case of Canada, under the authority of R204 which covers international agreements, a work permit can be issued without the need for a labour market opinion. Currently, Canada issues a work permit to a NAFTA professional for an initial period of up to one year and it can be renewed year by year with no maximum, provided that the professional continues to satisfy the requirements and that the work is still considered temporary.

Current status

The United States Department of Homeland Security has amended its regulations under Trade NAFTA (TN) to extend work visas for professionals from one to three years, with implementation expected in the fall of 2008. Although Chapter Sixteen does not specify the maximum period of entry for business persons, nor does it require that all three Parties have identical periods of stay, up to now, the Parties have maintained similar provisions as this creates a level playing field within the NAFTA territory.

Effective December 15, 2008, Canada will extend the duration of work permits for NAFTA professionals. Initial work permits can be granted for durations of up to three years. Extensions can also be issued in increments of up to three years, with no limit on the number of extensions, providing the individual continues to comply with the requirements for professionals. But officers must be satisfied that the employment is still temporary and that the applicant is not using NAFTA entry as a means of circumventing normal immigration procedures.

The LMO exemption code is T23.

Rationale

Extending the maximum duration of the work permit will ease the administrative burdens and costs on NAFTA professionals and will benefit employers, by increasing the certainty of the time period that the professional is able to remain working in Canada. The risk associated with extension is minimal given that the work permits are being issued to individuals who are well-educated in professional fields with pre-arranged employment in Canada.

Next steps

A communication strategy will be developed in consultation with the Department of Foreign Affairs and International Trade. The strategy and messaging will highlight the changes in the duration of the work permits, and will underline the benefits of NAFTA for both Canadian employers and professionals. The key target audience would be employers and the business community.

Contact

For further information on the procedures outlined in this document, please contact Operational Management and Coordination Branch at OMC-Immigration@cic.gc.ca.

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