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Immigration



CANADA: Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed

On 8 March 2018, Canada joined Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam by signing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).  

Besides free-trade provisions, the CPTPP takes steps to ease immigration provisions amongst the reciprocating countries for the entry and stay of partnering country nationals for short-term business visitors, temporary foreign workers and investors.

More details will be published once the CPTPP has been ratified by at least six of the partnering countries listed above.

Key Highlights for Canadian business immigration by category:

Intra-Company Transferees

Nationals of partner countries can now enter intra-company transfers (ICT) for up to three years which is extendable.  Additionally, the national can be accompanied by a spouse who will also be granted a work permit.

In order to qualify, partner country nationals must have been employed for a continuous period of at least one year within a three-year period immediately preceding the date of the application.

Intra-company transferees can be:

  • Individuals with specialised knowledge of the company’s products or services including their application in international markets, or have an advanced level of expertise or knowledge of the company’s processes and procedures.  Important to note, this category is closed to nationals of Malaysia, Singapore and Vietnam.
  • Management trainees
  • Managers and Executives

Investors

Nationals of partner countries are allowed to establish, develop or administer an investment to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive or involves essential skills.

The length of stay for this category is up to one year (extendable) and a spouse may accompany the investor and may be issued a work permit.

Business Visitors

Nationals of partner countries can now engage in the following business activities for up to a six month period:

  • Meetings and consultations
  • Research and design
  • Manufacture and production
  • Marketing
  • Sales
  • Distribution
  • After-sales or after-lease service
  • General service

Professionals and Technicians

Nationals of partner countries are allowed to undertake a nationally-determined speciality occupation. The length of stay for this category is for up to one year, is extendable and a spouse may accompany the investor and could be granted a work permit.

Professionals must meet educational requirements as set out in the National Occupation Classification (NOC) for that particular occupation and in addition have two years of experience, and remuneration “at a level consummate with other similarly-qualified professionals within the industry in the region where the work is performed”. What has not been clarified however, is if this is limited to Job Bank based median wage estimates, which is the typical requirement.

Technicians have similar requirements but need four years of work experience instead of one, as set out for Professionals.

How does this affect the client?

Employers who could benefit for the immigration provisions set out in the CPTPP should consult their immigration specialist for further information during the ratification and implementation process.

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