CHAPTER 15 Temporary Entry and Permanent Residence
With a few exceptions described in the next paragraph, all persons who have obtained permission to work temporarily in Canada will be issued an employment authorization document, commonly called a work permit, at a port of entry upon their arrival in Canada. Employment authorizations may be issued for an initial period of six months to one year but may be extended for several years following the initial date of entry, depending upon the particular entry stream in which the foreign worker is participating. Some people need not obtain an employment authorization – for example, diplomats, “head office” employees who visit a Canadian affiliate for less than 90 days for the purpose of internal consultations, and business or government representatives who come to Canada to purchase or sell goods for that business or government for less than 90 days, provided that they do not sell directly to the general public. INTERNATIONAL AGREEMENTS Canada is a party to several international agreements relating to trade and commerce in general. These agreements supplement Canada’s immigration legislation and policies, which have for the past several years increasingly been designed to facilitate the objectives of Canadian business interests. CUSMA provides a streamlined procedure under which certain North American business persons who are citizens of the United States or Mexico may enter Canada to work temporarily. GATS provides similar rules for more restricted categories of citizens of WTO member nations. The procedures under GATS are similar to those under CUSMA and therefore only major differences will be noted.
Under CUSMA, four categories of business persons qualify for the streamlined process: – business visitors – traders and investors – professionals, and – intra-company transferees A “business visitor” is a business person who is seeking temporary entry into Canada for one of a series of specific purposes listed in CUSMA. Persons who so qualify need not apply for a work permit and may be admitted to Canada at a port of entry. A “trader” is a business person who seeks temporary entry to carry on substantial trade in goods and services and who will be employed in a supervisory or executive capacity. An “investor” is a business person who seeks entry to develop and direct operations of a business in which he or she has invested or will invest a substantial amount of capital. A “professional” is a business person who will engage in a specified profession while in Canada temporarily (CUSMA has a much longer list of specified professions than GATS). The minimum requirements, generally speaking, are a bachelor’s degree, sometimes combined with practical experience. Under GATS, the three-month period for which a professional may be admitted cannot be extended. CUSMA has no such restriction. An “intra-company transferee” is a person who has been employed by the employer, or its affiliate, for at least one year within the three-year period immediately before the date of the application (or, under GATS, for at least one year immediately preceding the application) and who is coming to Canada to work temporarily for the same employer, or an affiliate, in an executive or managerial capacity or one that involves specialized knowledge.
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