CCFTA Work Permits for Canada

The modernized CCFTA – Canada-Chile Free Trade Agreement – entered into effect on February 5, 2019. CCFTA is a facilitator and cornerstone of strong trade and investment relationships between Canada and Chile through open, inclusive and progressive rules.

Canada-Chile Free Trade Agreement facilitates the temporary entry of various categories of business persons into Canada. These individuals consist of business visitors, investors, traders, professionals and intra-company transferees who hold citizenship in Chile or Canada.

Hiring foreign workers citizens of Chile for business in Canada is facilitated. They can apply for Canada Work Permit without obtaining a Labour Market Impact Assessment (LMIA-exempt Work Permit) under one of the four categories. CCFTA Work Permits Requirements are discussed in detail below.

Foreign workers in four categories can apply for LMIA-exempt Work Permit under Canada-Chile Free Trade Agreement. Irrespective of the class, the general requirements are:

• An applicant must be a Chilean citizen. Individuals who are legally residing or have the authorization to work in Chile do not qualify for an exemption under CCFTA.
• An applicant must qualify in one of the categories of business persons: business visitors, investors, traders, professionals and intra-company transferees.
• An applicant must meet requirements governing temporary entry into Canada for travel and identity documentation, TRV issuance, protection of public health and safety, and national security.
• An applicant must seek only a temporary entry (at the time of application for a work permit). They can apply for permanent residence later, and in many cases, work experience gained in Canada can facilitate immigration to Canada.

LMIA Exemption Codes: T21 (for Trader); T22 (for Investor) .

Where to apply? Canadian visa office only. (Can not apply at the port of entry).

Intended employment/profession in Canada: Supervisor, Director, Executive, Involves Essential Skills.

Enterprise/Canadian employer: Canadian enterprise must have the Chilean nationality. Its activities should involve substantial trade in goods and services principally between Chile and Canada. In the case of Investors, a substantial investment must have been made or is actively being made.

Work permit validity: Initial work permit can be issued for 1 year and extended for a maximum of 2 years. There is no cap on the number of extensions.

Read more about the requirements for Canada Investor Work Permit or requirements for Canada Trader Work Permit.

LMIA Exemption Code: T23

Where to apply? Canadian visa office, a port of entry, or in Canada.

The intended profession in Canada: Profession must be identified in the CCFTA list of professionals (as per Appendix K-03.IV.1 of the Canada Chile Free Trade Agreement).

The intended employment in Canada: An applicant must have pre-arranged employment with a Canadian employer. Professional must provide documented proof of meeting minimum education requirements and alternative credentials as required by the profession and provide services in the field in which they are qualified.

Work permit validity: Initial work permit can be issued for 1 year and extended for a maximum of 1 year. There is no cap on the number of extensions.

LMIA Exemption Code for Canada Work Permit: T24

Where to apply? Canadian visa office, a port of entry, or in Canada.

Intended employment/profession in Canada: Executive/Business Owner, Senior Manager, Specialized Knowledge Worker.

Enterprise in Chile: Enterprise in Chile must have a parent, branch, subsidiary or affiliate relationship with the enterprise in Canada. Executive/Business Owner can be transferred for an office startup in Canada.

Intra-Company Transferee: An applicant must have been continuously employed with the enterprise, in a similar position for one (1) year within the previous three (3) year period. A transfer, which is “promotional”, would not qualify under this category.

Work permit validity: Initial work permit can be issued for 3 years and extended for a maximum of 2 years. For an office startup in Canada, an initial work permit can be issued for 1 year. There is a 7 year cap for executive and managerial positions and 5 year cap for specialized knowledge positions.

Read more about requirements for Intra-Company Transfer Work Permit to Canada.

Business visitors from Chile do not require a work permit to conduct certain commercial activities in Canada.

Where to apply? Port of entry. Applicants will be granted entry as visitors, and a visitor record will be issued (specifying a period of authorized stay up to six (6) months).

Commercial activities in Canada: Research and design, growth, manufacture, and production, marketing, sales, distribution, after-sales services, and general services.

Requirements for commercial activities in Canada: Activities must be international in scope. An applicant’s primary source of remuneration must remain outside of Canada, and they must not enter the Canadian labour market.