Work permits exempt from the LMIA in selected European nations can be obtained by residents
The Canada-European Union Comprehensive Economic and Trade Agreement (CETA) has opened up new opportunities for temporary workers from 27 EU member states. Here's a breakdown of the CETA work permit and who can qualify.
Eligibility Criteria
To be eligible for a CETA work permit, a person must be a citizen of an EU member country and fall into one of the four categories: intra-company transferees, investors, professionals, or technologists. Each category has its own set of requirements.
- Intra-company transferees must have at least one year of ongoing employment with the same employer or a related employer in an EU country.
- Technologists must have a minimum of three years of professional experience in a relevant sector and a post-secondary education spanning no less than three years and culminating in a degree.
- Professionals must possess a university degree or equivalent qualification, professional certifications required for the role, and related work experience.
- Investors must have nationality in an EU member state and make or have made a substantial investment into a Canadian business.
Application Process
The application process for a CETA work permit consists of two phases: the employer's responsibility and the foreign worker's responsibility.
- The employer must submit a job offer through the Employer Portal, pay the employer compliance fee, and provide the offer of employment number for the foreign worker.
- The foreign worker must confirm their eligibility, complete the appropriate forms, gather necessary documentation, pay the work permit processing fee, and submit the application to Immigration, Refugees and Citizenship Canada (IRCC).
Validity Period and Extendability
Intra-company transferees, investors, professionals, and technologists have different validity periods and extendability for their work permits, depending on the nature of their employment or business activities in Canada.
Open Work Permits for Spouses and Partners
Spouses and common-law partners of intra-company transferees, as well as CETA work permit holders, may be eligible for an open work permit with the same validity period as the primary permit holder. However, spouses of CETA permit applicants under other categories are not eligible for an open work permit under CETA but may be able to obtain one if they meet the eligibility requirements for a work permit not connected to CETA.
Exemption from Labour Market Impact Assessments (LMIAs)
One of the key benefits of the CETA work permit is that it is exempt from Labour Market Impact Assessments (LMIAs), making them quicker and easier to obtain than permits under the Temporary Foreign Worker Program (TFWP).
Criminal Inadmissibility
Criminally inadmissible individuals can potentially obtain a CETA work permit by applying for a Temporary Resident Permit, criminal rehabilitation, or deemed rehabilitation. Seeking advice from a qualified immigration lawyer can help clarify one's criminal record status and the best way to overcome inadmissibility.
National Occupational Classification (NOC)
Under Canada's National Occupational Classification (NOC), jobs are categorised into six levels (TEER 0 to TEER 5) based on the required Training, Education, Experience, and Responsibilities. This classification system can help determine the eligibility of EU citizens for specific roles in Canada.
Eligible nationalities for a CETA work permit include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
For more information on the CETA work permit and other immigration options, consult the official Immigration, Refugees and Citizenship Canada (IRCC) website or seek advice from a qualified immigration lawyer.
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