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Free Trade Agreement (FTA) Work Permits Lawyers


Canada offers a variety of opportunities for foreign nationals looking to live and work in the country. Depending on their citizenship, an individual may be eligible to work in Canada under an international Free Trade Agreement (FTAs). These types of work permits allow foreign nationals from specific signatory countries to work in Canada without requiring a Labour Market Impact Assessment (LMIA).

Covered under the International Mobility Program (IMP), FTA work permits are meant to facilitate business mobility and strengthen trade relationships between participating nations. Employers gain the advantage of faster hiring processes and no LMIA requirements. At the same time, workers benefit from faster approval for their work permits, opportunities for permanent residency (PR), and easier movement between countries. 

Although FTA work permits can be extremely convenient for members of signatory countries, the application process can involve multiple complex steps. At Border Solutions Law Group, our Vancouver immigration lawyers can assess your eligibility for IMP work permits and help you apply. To discuss your options, schedule a consultation with our team today.

Free Trade Agreement Work Permits & Eligibility: An Overview

FTA work permits offer many advantages to those who are eligible. Unlike other work permits, FTA work permits do not require employer advertising or job market testing through LMIAs. This normally makes the process faster and less expensive for those who undertake it. Due to the wide coverage IMP offers, FTAs cover various work arrangements such as intra-company transfers, professionals, traders, investors, and more. With an FTA work permit foreign nationals can also gain valuable Canadian work experience, which may help them qualify for permanent residency under:

Your eligibility for an FTA work permit will depend on your citizenship and the FTA you are choosing to apply under. General requirements include: 

  • Citizenship in a Participating Country: You must be from a country that has an FTA with Canada. These include:
    • The U.S.
    • Mexico
    • Chile
    • The UK
    • Certain EU nations
    • And more
  • Job Offer from a Canadian Employer: Most FTA work permits require that you provide a valid job offer from a Canadian company. 
  • Job Type: Each FTA work permit offers employment opportunities for workers in certain fields. You must meet the specific requirements of the category you wish to apply under.
  • Professional Qualifications: Under most FTAs, workers must meet certain education, certification, or experience requirements depending on their occupation. Some professions may require specific Canadian certification in addition to foreign qualifications.
  • Temporary Nature of Work: Work permits under FTAs are not intended to be permanent and are only issued for a fixed period.
  • Admissibility Requirements: You must meet all typical entry requirements for Canada, including a valid passport, no criminal record, medical exams, and more.

Key Free Trade Agreements (FTAs) and Their Work Permit Categories

1. Canada-United States-Mexico Agreement (CUSMA) (formerly NAFTA)

CUSMA covers citizens of the United States or Mexico who wish to apply to work in Canada. CUSMA work permit categories include:

  • Intra-Company Transfers (ICTs): ICTs are for any employees transferring from a foreign parent, subsidiary, or affiliate to a Canadian branch. To qualify for an intracompany transfer through CUSMA, you must be an executive, senior manager, or employee with specialized knowledge at your company.
  • Professionals: There are a variety of eligible professional occupations that you can assume under CUSMA. These include accountants, engineers, IT professionals, and more. You must have a job offer from a Canadian employer to apply for a work permit as a professional under CUSMA.
  • Traders: You must be able to demonstrate that you have partaken in substantial trade of goods or services between Canada and your country of citizenship. This category also requires that you hold a supervisory role, executive position, or specialized knowledge in your organization.
  • Investors: To qualify as an investor, you must be able to demonstrate that you have invested a substantial amount of financial resources or capital into a Canadian business.
  • Business Visitors: This provision under CUSMA allows individuals to conduct business-related activities like research, negotiations, or after-sales service without a work permit. Business visitors must continue to be paid by a foreign employer for the duration of their visit to Canada.

2. Comprehensive Economic and Trade Agreement (CETA) or (EU-Canada Trade Agreement)

Under CETA, citizens of certain European Union (EU) countries are eligible for work opportunities in Canada. CETA work categories include:

  • Intra-company Transferees: Although this category functions similarly to CUSMA, employees must be from the designated list of EU countries to be eligible.
  • Professionals: You must hold a job offer from a Canadian employer, although the list of eligible occupations for professionals under CETA is different from CUSMA
  • Investors: To qualify as an investor, you must demonstrate that you have invested a substantial amount of financial resources or capital into a Canadian business.
  • Contractual Service Suppliers & Independent Professionals: To qualify for this category, you must be a citizen of an EU member state engaged in the temporary supply of a service to a Canadian company for a maximum of one year. The service you provide must be covered under a National Occupation Classification (NOC) code in the table of Canada’s CETA Commitments for Contractual Service Suppliers and Independent Professionals. 

Through CETA, business visitors are also allowed to visit Canada under two distinct categories without obtaining a work permit. Business visitors can be authorized to remain in Canada for a maximum of 90 days in any six month period. CETA business visitors can apply for multiple entries to Canada if they intend to conduct regular visits pertaining to a specific project. Under CETA, categories of business visitors include:

  • Business Visitors for Investment Purposes: including employees in managerial or specialist positions who are responsible for setting up an enterprise. Business visitors in this category cannot receive payment from a Canadian source.
  • Short-Term Business Visitors: who enter Canada to perform one of the permissible activities listed below:
  • Meetings and consultations
  • Research and design
  • Marketing research
  • Training seminars
  • Trade fairs and exhibitions
  • Sales
  • Purchasing
  • After-sales or after-lease service
  • Commercial transactions
  • Tourism personnel
  • Translation and interpretation

It is important to note that the requirements for the business visitor category under CETA are different from those of CUSMA and other FTAs.

General Agreement on Trade in Services (GATS)

GATS is a WTO Free Trade Agreement between Canada and 166 World Trade Organization (WTO) member countries. Workers who enter Canada under GATS are also exempt from an LMIA requirement. Through GATS, work categories include:

  • Professionals: As a professional, a person from another member country must be engaged in the delivery of a service contract to a Canadian company. There are certain eligible professions for workers looking for employment in Canada through GATS. Each profession has its own unique minimum educational and training requirements and includes:
    • Engineers
    • Agrologists
    • Architects
    • Forestry professionals
    • Geomatics professionals
    • Land surveyors 
    • Foreign legal consultants
    • Urban planners
    • Senior computer specialists
  • Intra-Company Transferees: To qualify as an intra-company transferee under GATS, an individual must be transferred to a new position in Canada from within a multinational company. To obtain a work permit as an intra-company transferee, the worker will require proof of employment in an executive, managerial, or specialized knowledge role.
  • Business Visitors: For specific, short-term business-related activities. Business visitor allowances vary according to the free trade agreement, so it is always advisable to consult with a lawyer about your eligibility in Canada.

Canada-UK Trade Continuity Agreement (CUKTCA)

CUKTCA offers work permit opportunities to citizens of the United Kingdom and does not have an LMIA requirement. Work permit categories under CUKTCA are similar to CETA and include:

  • Intra-company transfers,
  • Professionals,
  • Investors, and
  • Business visitors

Work category permissions in CUKTCA may vary compared to other FTAs. If you have questions about eligibility requirements or categories under a specific FTA work permit, you should consult with an experienced immigration lawyer as soon as possible.

Other Free Trade Agreements

While CUSMA, CETA, GATS, and CUKTCA comprise four of the most regularly utilized FTA work permits, there are many more that exist in Canada. If you are not eligible for a work permit through those listed above, you may consider:

  • Canada-Chile Free Trade Agreement (CCFTA)
  • Canada-Peru Free Trade Agreement (CPFTA)
  • Canada-Colombia Free Trade Agreement (CCoFTA)
  • Canada-Korea Free Trade Agreement (CKFTA)
  • And more

Each agreement has its own specific eligibility criteria. A common feature shared amongst all is that no LMIA is required for the employee to obtain a work permit in Canada. 

Why Work With Our Vancouver Immigration Lawyers?

When you’re dealing with a Free Trade Agreement, there can be a lot of legal nuances and complexity involved. This is because FTAs are meant to offer a range of economic and political benefits to Canada in addition to work permits for foreign nationals. It can also be confusing to decide which FTA you should apply through, especially if you are eligible for more than one.

At Border Solutions Law Group, our Vancouver immigration lawyers have experience applying for work permits under FTAs on behalf of our clients. When you choose to work with our immigration team, we’ll help you:

  • Determine the Best FTA for Your Situation: Some applicants may qualify under multiple FTAs. Our lawyers will assess your situation and help you choose the easiest and fastest option so you can get to work as soon as possible.
  • Application Preparation & Review: We will make sure all of the documents you submit are complete and meet IRCC requirements to avoid delays or refusals.
  • Employer Compliance: In addition to applicants themselves, our lawyers can help Canadian employers navigate the IRCC Employer Portal and comply with all FTA regulations.
  • Border Representation & Follow-Up: Our team is available to assist clients crossing the Canadian border. We can provide legal opinion letters in complex cases if needed.
  • Assistance with Denials & Appeals: If your application for an FTA work permit has been denied, we can help you assess alternative options or file for an appeal on your behalf. 

Applying for a Work Permit Through a Free Trade Agreement? Speak to Our Vancouver Immigration Lawyers Today

There are many pathways an individual can take to begin their journey living and working in Canada. Through Free Trade Agreements (FTAs) with other jurisdictions, many foreign nationals have the opportunity to immigrate. Although many FTAs exist, each comes with unique rules and requirements that applicants must follow. At Border Solutions Law Group, our Vancouver immigration lawyers are prepared to help you obtain your FTA work permit as seamlessly as possible.

If you have questions about your eligibility or starting the application process, don’t hesitate to contact our team today. To schedule a consultation, you can call our Vancouver office toll-free at 877-341-6761 or fill out our online contact form.