Trade agreement work permits

Canada's free trade agreements let eligible business persons work in Canada without a labour market impact assessment (LMIA) under paragraph 204(a) of the Immigration and Refugee Protection Regulations; they generally still need a work permit. Each agreement covers only certain people: CUSMA covers U.S. and Mexican citizens; CETA covers citizens of European Union member states; CUKTCA covers U.K. citizens; CPTPP covers citizens of its member countries for listed categories (some categories also cover permanent residents of Australia or New Zealand); and the agreements with Chile, Colombia, Korea, Panama, Peru and Ukraine cover their citizens (Colombia, Korea, Panama, Peru and Ukraine also cover permanent residents). GATS professionals (T33) are a narrow separate category for citizens of World Trade Organization members.

In most cases, to hire a temporary worker through the International Mobility Program the employer must pay the employer compliance fee of $230 and create and submit an offer of employment form through the Employer Portal, with information about the business, the worker, the job details, and wage and benefits. After submitting the offer, the employer gets a 7-digit offer of employment number to give the worker, who then applies for the work permit. An employer hiring a worker who already holds an open work permit does not submit an offer or pay the fee.

Trade agreement entry is temporary entry, meaning entry without the intent to establish permanent residence. It is not tied to a fixed time limit, but it does not allow open-ended stays: the agreement cannot be used to get around the procedures for permanent employment or to establish de facto permanent residence. Multiple renewals are not approved routinely, and the longer the stay, the greater the onus on the worker to show temporary intent. A worker may be authorized to work temporarily in a permanent position that is temporarily vacant.

Work permits issued under a trade agreement may be extended at the officer's discretion when the supporting documents are provided. To extend, the employer must submit a new offer of employment and the worker must meet the regular extension requirements. Extension applications under section 201 should be made online; applications at a port of entry or at an office outside Canada are treated as new applications. Officers check that the agreement's requirements and purpose of entry are still met.

Visa-exempt workers outside Canada may apply for an LMIA-exempt work permit at a port of entry. Since December 24, 2024, the Canada Border Services Agency no longer accepts work or study permit applications from temporary residents who leave Canada and come back from the United States or Saint-Pierre-et-Miquelon to apply (flagpoling). Among people in Canada, those who can still apply at a port of entry include U.S. citizens and permanent residents and trade agreement professionals and technicians: CUSMA professionals (T36), Chile professionals (F22), Korea contractual service suppliers and independent professionals (F32), Panama professionals (F42), and Colombia and Peru professionals or technicians (F12, F52). Others in Canada apply online if section 199 allows them to apply from inside Canada.

Officers must be satisfied the worker can perform the work, including holding or being able to obtain any licence or certification the occupation requires in Canada. If the occupation is regulated, the officer must be satisfied the worker has the licence or can obtain it within a reasonably short period after entry, described as within 4 months. Lack of a licence is not an automatic refusal when testing or licensing can only be completed in Canada. Employers in regulated occupations should arrange certification or licensing with the regulatory body before submitting the offer of employment.

The worker must be a U.S. or Mexican citizen; work in one of the 63 professions in Appendix 2 of CUSMA, at the professional level, in a TEER 0, 1, 2 or 3 occupation; hold that profession's minimum education or alternative credentials (usually a baccalaureate or licenciatura degree in the field); have pre-arranged employment with a Canadian employer (as an employee, under a contract with the professional, or under a contract between their U.S. or Mexican employer and a Canadian enterprise); and meet all other temporary entry requirements. Self-employment in Canada is not allowed, including through a Canadian company the worker substantially controls. There is no mandatory wage assessment. Initial permits up to 3 years; extensions in increments of up to 3 years with no limit on their number, while the employment remains temporary. Exemption code T36.

The worker must be a U.S. or Mexican citizen; be transferring from the U.S. or Mexican enterprise where they now work to a Canadian enterprise with a qualifying relationship (parent, branch, subsidiary or affiliate); have worked continuously for that enterprise, in a similar full-time position outside Canada, for at least 1 year in the 3 years before the initial application (part-time work cannot be added up); and come as an executive or senior manager (T37, TEER 0 or 1) or a specialized knowledge worker (T38, with both advanced proprietary knowledge and advanced expertise). The enterprise must be, or will be, doing business in Canada and in the U.S. or Mexico. There is no mandatory wage assessment, although wage is an indicator. Initial permits up to 3 years with 2-year renewals; total stay up to 7 years (T37) or 5 years (T38), cumulative across transferee categories. A transferee establishing the Canadian enterprise is limited to 1 year on the initial permit.

The worker must be a U.S. or Mexican citizen; the employing enterprise must have U.S. or Mexican nationality, meaning people or companies holding U.S. or Mexican citizenship own at least 50 percent of it (place of incorporation does not decide this, and owners who are permanent residents of Canada do not count); its activities must involve substantial trade in goods or services, with over 50 percent of its total international trade between Canada and the U.S. or Mexico, already shown by completed sales or binding contracts; the position must be supervisory or executive or involve essential skills; and the worker completes form IMM 5321. Initial permits up to 1 year; extensions of 2 years when the requirements are still met. The initial application should be made outside Canada. Exemption code T34.

The worker must be a U.S. or Mexican citizen who has made, or is actively making, a substantial investment in Canada, or a U.S. or Mexican employee of that enterprise in a supervisory or executive role or with essential skills. The enterprise must have U.S. or Mexican nationality (at least 50 percent owned by U.S. or Mexican citizens; owners who are permanent residents of Canada do not count). The investor must seek entry solely to develop and direct the enterprise and usually needs a controlling interest (50 percent or less usually is not enough). The investment must be a real, active business, with funds irrevocably committed (intentions or plans do not count), and substantial under a proportionality test with no minimum dollar figure. The worker completes form IMM 5321. Initial stay up to 1 year; extensions of 2 years when the requirements are met. The initial application should be made outside Canada. Exemption code T35.

The worker must be a citizen of a European Union member state; be transferring temporarily to a Canadian enterprise (subsidiary, branch or head company) with a qualifying relationship to the EU enterprise where they work; have been employed by, or a partner in, that enterprise for at least 1 year in an equivalent or similar full-time position; and come as an executive or manager (T44, TEER 0 or 1), a graduate trainee (T42, with a bachelor's degree or a professional-level licence, for career development or training in business techniques), or a specialized knowledge worker (T41). Wages should not be lower than the prevailing wage for the occupation and location, not counting allowances. Executives, managers and specialists: the lesser of 3 years or the contract, with a possible extension of up to 18 months, and a total stay of no more than 4.5 years; graduate trainees: the lesser of 1 year or the contract, with no extension. Spouses or common-law partners may get an open work permit (T45).

The worker must be a citizen of a European Union member state; supply a service temporarily under a contract in a sector covered by Annex 10-E of CETA, for no more than 12 months within a 24-month period (if the contract is longer, the commitments only cover its first 12 months, and the cap applies to the person across all contracts and clients); and hold a university degree or a qualification of an equivalent level, plus any professional qualification the province requires. Contractual service suppliers (T47) must be employees of an EU-headquartered enterprise with no establishment in Canada that has the service contract, employed there for at least 1 year immediately before applying, with at least 3 years of professional experience in the sector, and paid only by that employer. Independent professionals (T43) must be self-employed or sole proprietors in an EU member state with no establishment in Canada, have a direct contract with the Canadian client, and have at least 6 years of professional experience in the sector. Self-employment in Canada is not allowed. Extensions only up to 12 months from the start of the first permit, within the 24-month window, and the employer must submit a new offer. Some engineering and scientific technologists may qualify without a university degree (T48).

The worker must be a citizen of a European Union member state who has made, or is actively making, a substantial investment in Canada, or an employee of that enterprise in a supervisory or executive role or with essential skills. The Canadian enterprise must have EU nationality (at least 50 percent owned by citizens of a European Union member state; owners who are permanent residents of Canada do not count), duties must be solely to develop and direct the enterprise, and an offer of employment is submitted. Investment funds must be irrevocably committed (plans or intentions do not count) and substantial under a proportionality test with no minimum dollar figure. Initial stay 1 year; extensions at the officer's discretion. The initial application should be made outside Canada. Exemption code T46.

The worker must be a citizen of the United Kingdom; be transferring temporarily to a Canadian enterprise (subsidiary, branch or head company) with a qualifying relationship to the U.K. enterprise where they work; have been employed by, or a partner in, that enterprise for at least 1 year in an equivalent or similar full-time position; and come as an executive or manager (F61, TEER 0 or 1), a graduate trainee (F62, with a bachelor's degree or a professional-level licence, for career development or training in business techniques), or a specialized knowledge worker (F63). Wages should not be lower than the prevailing wage for the occupation and location, not counting allowances. Executives, managers and specialists: the lesser of 3 years or the contract, with a possible extension of up to 18 months, and a total stay of no more than 4.5 years; graduate trainees: the lesser of 1 year or the contract, with no extension. Spouses or common-law partners may get an open work permit (F64).

The worker must be a citizen of the United Kingdom; supply a service temporarily under a contract in a sector covered by Annex 10-E of CETA, for no more than 12 months within a 24-month period (if the contract is longer, the commitments only cover its first 12 months, and the cap applies to the person across all contracts and clients); and hold a university degree or a qualification of an equivalent level, plus any professional qualification the province requires. Contractual service suppliers (F66) must be employees of a U.K.-headquartered enterprise with no establishment in Canada that has the service contract, employed there for at least 1 year immediately before applying, with at least 3 years of professional experience in the sector, and paid only by that employer. Independent professionals (F60) must be self-employed or sole proprietors in the U.K. with no establishment in Canada, have a direct contract with the Canadian client, and have at least 6 years of professional experience in the sector. Self-employment in Canada is not allowed. Extensions only up to 12 months from the start of the first permit, within the 24-month window, and the employer must submit a new offer. Some engineering and scientific technologists may qualify without a university degree (F67).

The worker must be a citizen of the United Kingdom who has made, or is actively making, a substantial investment in Canada, or an employee of that enterprise in a supervisory or executive role or with essential skills. The Canadian enterprise must have U.K. nationality (at least 50 percent owned by citizens of the United Kingdom; owners who are permanent residents of Canada do not count), duties must be solely to develop and direct the enterprise, and an offer of employment is submitted. Investment funds must be irrevocably committed (plans or intentions do not count) and substantial under a proportionality test with no minimum dollar figure. Initial stay 1 year; extensions at the officer's discretion. The initial application should be made outside Canada. Exemption code F65.

The worker must be a citizen of an eligible CPTPP country (Australia, including Australian permanent residents, Brunei, Chile, Japan, Malaysia, Mexico, Peru, and the United Kingdom for its listed professional occupations; the category does not apply to New Zealand, Singapore or Vietnam) with pre-arranged employment with a Canadian employer in an occupation listed for their country. Professionals: a TEER 0 or 1 occupation, a post-secondary degree of 4 or more years unless the country rules say otherwise (Australian and U.K. professionals may rely on their own country's qualifications with a letter from the Canadian client or employer), and 2 years of paid work experience in the sector. Technicians: a TEER 2 or 3 occupation, a post-secondary or technical degree of 2 or more years, and 4 years of paid work experience (no technician category for Malaysia; Brunei and U.K. lists cover professionals only). Pay must match similarly qualified workers, based on the prevailing wage (the higher of the Job Bank regional median and the employer's wage range for the same job), not counting housing or travel. Self-employment in Canada is not allowed. Initial stay 1 year; extensions allowed with supporting documents. The Canadian company submits the offer and pays the employer compliance fee. Exemption code T52.

Each transferee category is open only to certain countries. Executives (T51) and managers: citizens of Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru or the United Kingdom, or permanent residents of Australia or New Zealand. Specialists (T55): the same, except Malaysia. Management trainees (T54): citizens of Chile only. Singapore and Vietnam are not covered. The worker must have been continuously employed by the transferring company for at least 1 year within the previous 3 years, in an enterprise of a CPTPP country, and be transferred to a parent, subsidiary or affiliate in Canada. Wages should not be lower than the prevailing wage for the occupation and location. Management trainees must have a post-secondary degree. Initial stay up to 3 years with possible extensions of up to 2 years; total stay up to 7 years for executives and senior managers and 5 years for specialists; management trainee extensions only in exceptional circumstances.

Investors (T50) must be citizens of Australia (including permanent residents), Brunei, Chile, Japan, Mexico, Peru, Singapore, the United Kingdom or Vietnam who have made, or are actively making, a substantial investment in Canada, in a supervisory, executive or essential-skills role; the owner of the enterprise or an employee may apply. An employee of an investor must be a citizen of Australia (including permanent residents), Brunei, Chile, Japan, Mexico, Peru, the United Kingdom or Vietnam. IRCC's instructions list Singapore only for investors: it is missing from the list for employees of an investor and from the officer's capacity checklist, so a Singapore citizen's eligibility (especially as an employee) needs confirmation. The Canadian enterprise must have the nationality of an eligible CPTPP country (at least 50 percent owned by citizens or permanent residents of an eligible country; owners who are permanent residents of Canada do not count), and duties must be solely to develop or administer the enterprise. An offer of employment must be submitted before any work permit application. Investment funds must be irrevocably committed; there is no minimum dollar figure. Initial stay up to 1 year; extensions when the requirements are met. The initial application should be made outside Canada.

The worker must be a citizen of Chile in a profession listed in Appendix K-03.IV.1 of the Canada-Chile Free Trade Agreement, qualified with that profession's minimum education or alternative credentials (for example a baccalaureate or licenciatura degree, or a Chilean university title), with pre-arranged employment with a Canadian employer, providing professional-level services in the field in a TEER 0, 1, 2 or 3 occupation. Self-employment in Canada is not allowed. There is no mandatory wage assessment. Initial permits up to 3 years; extensions in increments of up to 3 years with no limit on their number while the employment stays temporary. Exemption code F22.

The worker must be a citizen of Chile, transferring from the Chilean enterprise where they now work to a Canadian enterprise with a qualifying relationship; have worked continuously for it, in a similar full-time position outside Canada, for at least 1 year in the 3 years before the initial application; and come as an executive or senior manager (F23) or a specialized knowledge worker (F24). There is no mandatory wage assessment for specialized knowledge workers, though wage is an indicator. Initial permits up to 3 years with 2-year renewals; total stay up to 7 years for executives and senior managers and 5 years for specialists, cumulative across transferee categories. A transferee establishing the Canadian enterprise is limited to 1 year on the initial permit.

The worker must be a citizen, national or permanent resident of Colombia in an occupation covered by Appendix 1203.D of the Canada-Colombia Free Trade Agreement. Professionals: a TEER 0 or 1 occupation (all professions except excluded ones, such as health, education and social services occupations, and judges, lawyers and notaries other than foreign legal consultants) and a post-secondary degree of 4 or more years. Technicians: a listed TEER 2 or 3 occupation and a post-secondary or technical degree requiring 1 or more years of study. The worker needs pre-arranged employment with a Canadian employer; self-employment in Canada is not allowed. Initial permits up to 3 years; extensions in increments of up to 3 years with no limit on their number. Spouses or common-law partners may get an open work permit (T25). Exemption code F12.

The worker must be a citizen, national or permanent resident of Colombia, transferring from the enterprise in Colombia where they work to a Canadian enterprise with a qualifying relationship, after continuous employment by that enterprise for 6 months within the 3 years before applying; and come as an executive or senior manager (F13), a management trainee (F14, with a bachelor's degree or a professional-level licence) or a specialized knowledge worker (F15). No mandatory wage assessment. Executives: initial permit up to 3 years, 2-year renewals, total stay up to 7 years; management trainees: initial permit up to 1 year, extensions possible, total stay up to 3 years; specialists: initial permit up to 3 years, 2-year renewals, total stay up to 5 years. Spouses or common-law partners may get an open work permit (T25).

The worker must be a citizen or permanent resident of Peru in an occupation covered by Appendix 1203.D.1 of the Canada-Peru Free Trade Agreement. Professionals: a TEER 0 or 1 occupation (all professions except excluded ones) and a post-secondary degree of 4 or more years. Technicians: a listed TEER 2 or 3 occupation and a post-secondary or technical degree requiring 1 or more years of study. The worker needs pre-arranged employment with a Canadian employer; self-employment in Canada is not allowed. Initial permits up to 1 year; extensions in increments of up to 1 year with no limit on their number. Exemption code F52.

The worker must be a citizen, national or permanent resident of Peru, transferring from the foreign enterprise where they work to a Canadian enterprise with a qualifying relationship, after at least 6 months of continuous full-time employment in a similar position outside Canada in the 3 years before the initial application; and come as an executive or senior manager (F53), a management trainee (F54, with a bachelor's degree or a professional-level licence) or a specialized knowledge worker (F55). No mandatory wage assessment. Executives: initial permit up to 3 years, 2-year renewals, total stay up to 7 years; management trainees: initial permit up to 1 year, extensions possible, total stay up to 3 years; specialists: initial permit up to 3 years, 2-year renewals, total stay up to 5 years.

The worker must be a citizen or permanent resident of Korea in a profession listed in Appendix 12-A-2 of the Canada-Korea Free Trade Agreement (independent professionals: architects, engineers, management consultants and veterinarians; contractual service suppliers: a longer list such as accountants, engineers, computer programmers and scientists), qualified under that profession's listed requirements, with a pre-arranged contract to serve a Canadian client, providing professional-level services in a TEER 0, 1, 2 or 3 occupation. A contractual service supplier is an employee of an enterprise holding the service contract; an independent professional is self-employed. Self-employment in Canada is not allowed. There is no mandatory wage assessment. Initial permits up to 3 years; extensions in increments of up to 3 years with no limit on their number. Spouses or common-law partners may get an open work permit (F36). Exemption code F32.

The worker must be a citizen or permanent resident of Korea, transferring from the foreign enterprise where they work to a Canadian enterprise with a qualifying relationship, after at least 1 year of continuous full-time employment in a similar position outside Canada in the 3 years before the initial application; and come as an executive or senior manager (F33), a management trainee (F34, with a bachelor's degree or a professional-level licence) or a specialized knowledge worker (F35). No mandatory wage assessment. Executives: initial permit up to 3 years, 2-year renewals, total stay up to 7 years; management trainees: initial permit up to 1 year, extensions possible, total stay up to 3 years; specialists: initial permit up to 3 years, 2-year renewals, total stay up to 5 years. Spouses or common-law partners may get an open work permit (F36).

The worker must be a citizen or permanent resident of Panama in a TEER 0 or 1 occupation listed in Appendix 13.04-D of the Canada-Panama Free Trade Agreement (for example accommodation service managers, actuaries, some engineers, information technology professionals and scientists), with a post-secondary degree of 4 or more years and any education or certification the occupation requires, and pre-arranged employment with a Canadian employer. Self-employment in Canada is not allowed. Initial permits up to 3 years; extensions in increments of up to 3 years with no limit on their number. Exemption code F42.

The worker must be a citizen or permanent resident of Ukraine and have an IMP offer of employment in an eligible TEER 0 or 1 occupation (all except health, education and social services occupations, judges, lawyers and notaries other than foreign legal consultants, managers in postal and courier services or telecommunications carriers, cultural industries occupations, and recreation, sports and fitness directors); a post-secondary credential of 3 or more years of study; 2 years of paid work experience in the sector; and pay commensurate with similarly qualified professionals in the industry and region, based on the prevailing wage and not counting housing or travel. The Canadian company submits the offer and pays the employer compliance fee. The initial stay is 1 year; extensions in 1-year increments with supporting documents. Spouses of Ukrainian citizens or permanent residents may get an open work permit (F73). Exemption code F72.

The worker must be a citizen or permanent resident of Ukraine employed by an enterprise in Ukraine; have been continuously employed by the transferring company for at least 1 year within the previous 3 years; be transferred to a parent, subsidiary or affiliate in Canada; and work as an executive or manager (F71) or a specialist (F74). No mandatory wage assessment. Initial stay up to 3 years, with extensions at the officer's discretion; total stay up to 7 years for executives and managers or 5 years for specialists. Spouses of Ukrainian citizens or permanent residents may get an open work permit (F73).

Trader and investor categories also exist under the agreements with Chile (traders F20, investors F21), Colombia (traders F10, investors F11), Korea (traders F30, investors F31) and Peru (traders F50, investors F51), and an investor category exists under the Canada-Ukraine agreement (F70). These are LMIA-exempt categories under paragraph 204(a). The IMP exemption codes table lists no trader or investor code for Panama.

A GATS professional (T33) must be a citizen of a World Trade Organization member (or a permanent resident of Australia, New Zealand, Armenia or Switzerland), work in a listed profession with the listed education and licensing (Group 1: engineers, agrologists, architects, forestry professionals, geomatics professionals and land surveyors; Group 2: foreign legal consultants, urban planners and senior computer specialists), under a valid, signed contract between a foreign service provider and a Canadian service consumer (for Group 2, the provider has no commercial presence in Canada and the Canadian client does substantive business in Canada). Education, health-related, recreational, cultural and sports services are excluded, and contracts with personnel placement or supply agencies do not qualify. Maximum stay: 3 months or 90 consecutive days within a 12-month period, with no extension beyond 90 days. Intra-company transferees under GATS use the general transferee categories (C62, C63).