NAFTA

I am an American or Mexican individual seeking temporary entry to Canada to work

Unless you are a Business Visitor, you do require a work permit to enter the Canadian labour force. The NAFTA facilitates the process of obtaining a work permit for individuals who qualify under one of the following categories:

Professionals

Intra-company Transferees

Traders

Investors

Professionals (TN Visa) :

You may apply for a work permit as a NAFTA Professional if you meet the following conditions:

• You must have already received an offer of employment from a Canadian employer.

• You must be qualified to perform the duties of the position you have been offered.

• The position you are offered must be a skilled occupation and be one of the 63 approved Professions.

• You must not be seeking self-employment in Canada. If you have been self-employed and do not have an offer of employment from a Canadian employer, please see Trader and Investor information.

You must provide documentation and evidence of the above.

Employers of NAFTA Professionals are exempt from first seeking approval of their job offer from Human Resources and Development Canada (HRSDC). Professionals with documentation to support their application can instead apply immediately for a temporary work permit. Professionals may apply before traveling to Canada at any Canadian Visa Office or directly at a Canadian Port of Entry. Professional applicants should be prepared to provide the following documentation in support of their work permit request:

• Proof of citizenship

• Proof of pre-arranged employment, such as a contract or job offer, which includes:
  

  » Name of Canadian employer
  » Description of Profession
  » Details of position
  » Qualifications necessary
  

• Proof of qualification

If you have multiple Canadian contracts, or employers, all information should be provided. Once a work permit has been issued it will be valid for at most one year. Extensions of one year each can be sought from within Canada. As a Professional, you may also seek entry to Canada as a Business Visitor under general guidelines, if during your brief stay you will restrict your business activity to soliciting, consulting, and advising current clients. Foreign workers who are not Professionals, Transferees, or Visitors, can still apply under the general guidelines for Temporary Foreign Workers. Your Canadian employer must send your offer of employment to HRSDC and await a Labour Market Opinion that approves the offer. Approval is granted where it can be shown that a qualified worker is not available to take the position in Canada

Intra-Company Transferees :

You may apply for your work permit in advance at any Canadian Visa Office. Alternatively, you may apply for the permit at a Canadian Port of Entry. Also, if you are in Canada as a Visitor, a work permit application can be filed within Canada.

Transferees should be prepared to supply the following documentation when applying for a work permit:

• Proof of citizenship

• Outline of pre-arranged position in Canada, including:
  

  » Duration of stay
  » Description of employment as executive or specialized knowledge

• Proof of relationship between Canadian and foreign employers

• Proof of previous employment with organization:
  

  » Minimum of one continuous year in the last three years
  » Similar position to the one being offered in Canada

Initial work permits for Transferees will be valid for at most three years. Transferees entering Canada to open or work in a new office will be granted permits valid for up to one year.

Extensions may be granted for up to two years at a time. Executive Transferees can be granted permits for up to seven years in total. Specialized knowledge workers are expected to more quickly pass on their expertise and can receive permits valid for up to five years in total.

Traders :

You may apply for a work permit as a NAFTA Trader if you meet the following conditions:

• You are an American or Mexican citizen

• The enterprise in Canada to which you are coming has American or Mexican nationality.

• The enterprise in Canada engages in substantial trade in goods or services.

• Trade is primarily between either USA or Mexico and Canada.

• You will be working in a managerial or executive capacity.
  OR
  You will be working to provide essential skills and services.

Individuals applying for Trader Status in Canada undergo a more complicated application process. The work permit application and the application for Trader Status must be completed, and supporting documentation provided for all criteria. Due to the complex nature of this process, applicants are advised to apply at a Canadian Visa Office before traveling to Canada.

Initial work permits for Traders are valid for up to one year. An extension of up to two years may be granted.

Because of the complexity, Trader Status in Canada has limited use and American/Mexican individuals may first wish to consider if there is any other way to qualify for a work permit.

Investors :

You may apply for a work permit as a NAFTA Investor if the following conditions are met:

• You are an American or Mexican citizen

• You have made, or are in the process in making, a substantial investment, in an enterprise in Canada.

• The enterprise in Canada to which you are coming has American or Mexican nationality.

• You are an individual Investor seeking entry solely to develop and direct the enterprise in Canada.

Individuals applying for Investor status in Canada undergo a more complicated application process. The work permit application and the application for Investor Status must be completed, and supporting documentation provided for all criteria. Due to the complex nature of this process, applicants are advised to apply at a Canadian Visa Office before traveling to Canada.

You must be able to demonstrate prior possession of the investment capital or current possession of investment capital that is committed to a Canadian enterprise. There exist restrictions on what may be considered capital for this purpose. Applicants should consult the regulations and seek advice if unclear.

Initial work permits for Investors are valid for up to one year. An extension of up to two years may be granted.

To learn more about establishing an enterprise in Canada, please click here.