To work or do business in Canada, eligible citizens of the United States and Mexico may bypass some red tapes. Workers, dealers, and investors may now travel to Canada without having to go through the Labor Market Impact Assessment (LMIA) process, according to a new agreement between Canada, the United States, and Mexico (Cuba) (CUSMA). Before July 1, 2020, CUSMA was known as the North American Free Trade Agreement, or NAFTA.
Unless they are CUSMA Investors, CUSMA work permit applicants traveling directly from the United States may submit their applications at a border crossing.
There are four different sorts of CUSMA categories:
The CUSMA results from an advantageous economic agreement that was established between Canada, the United States, and Mexico.
Chapter 16 of the CUSMA is limited to the temporary admission of chosen business individuals and does not address permanent entry. Therefore, it has no impact on the right to permanent residency. The temporary entrance is defined under the Agreement as an entry with no intention of establishing permanent residence.
United States, Mexico, and Canada are all obligated to comply with various duties under the CUSMA. They include printing a public awareness brochure on temporary admission under the CUSMA and the distribution of statistical information, among others. The rising public perception of the CUSMA and the necessity of sharing information with our CUSMA partners necessitates that the data submitted into the GCMS be as precise and complete as possible to achieve our reporting and statistical duties.
Periodically, a trilateral Temporary Entrance Working Group, comprised of officials from departments with interest in the temporary entry of employees, meets to monitor and administer Chapter 16 of the CUSMA, which governs the implementation and administration of temporary access. This working group is co-chaired by the Director of Temporary Resident Policy and Programs (SST) and immigration authorities from the United States and Mexico. The Working Group is also tasked with developing measures to enable the temporary immigration of business people on a reciprocal basis, which will be discussed later.
CUSMA professionals must have a job offer or a contract in one of the targeted professions in Canada to be eligible for the programme. There are 63 skilled occupations in the fields of medicine, education, science, and other subjects.
Depending on the vocation, applicants must show proof of their educational degrees and documentation of their work experience in the sector. It is not intended for individuals who seek to establish their own businesses in Canada.
It is also permissible for CUSMA Professionals to go to Canada as business guests, providing that the traveller is not actively soliciting employment or advising clients, nor is the traveller meeting with any of the latter.
Work permits are valid for three years. They may then be renewed for up to three years and unlimited times provided that the professionals continue to satisfy all of the requirements. Immigration officers, on the other hand, must be confident that the work is still temporary and that the applicant is not seeking to circumvent ordinary immigration procedures by using CUSMA entry.
Employees from the United States or Mexico who are transferring to a Canadian branch may be eligible for CUSMA Intra-Firm Transfers.
The move must be made solely to obtain temporary work in Canada. To be eligible, candidates must have held a position equivalent to the one they would be taking up in Canada for their U.S. or Mexican employer for at least one of the three years before their application. In addition, they must be currently employed by the company at the time of application.
They must be in a managerial, executive, or specialized knowledge function to be considered for this position.
CUSMA Traders must be in Canada to undertake a significant trade in goods or services between Canada and the United States or Mexico, according to the rules of the CUSMA. “Substantial trade” is defined as trade in which more than 50% of the value of the goods and services traded is between Canada and one of the other CUSMA countries. For example, the transaction’s volume or value might account for 50% of the total amount due in the transaction.
CUSMA investors must make a significant investment in a new or existing Canadian company, and they must intend to expand and oversee the company’s operations in the country after that. Work permits in the CUSMA Investor category may also be provided to personnel who are critical to the firm’s operation.
Under the terms of the USMCA, business people from the United States and Mexico will be able to temporarily access Canada for a variety of activities, including trade, investment, and the exchange of goods and services. In addition, it does away with the need for all those who may be impacted to submit an LMIA (Labour Market Impact Assessment), and it streamlines the whole application process in general.
It has been brought to our attention by the Canadian Border Services Agency that their job offer must be with a firm or organization that is still in existence. All applicants for CUSMA work visas from any other country must apply for one and get authorization to travel from Immigration, Refugees, and Citizenship Canada before they can begin their job in the United States. This group of persons will not be permitted to travel, and they will not be allowed to apply for a CUSMA work visa at a port of entry if they do so.
Foreign nationals seeking work in Canada must also be traveling for a compelling reason to be eligible for the position. Workers in critical infrastructure who are CUSMA professionals or intra-company transfers will be permitted to enter and may be exempted from compulsory quarantine if they do not exhibit coronavirus any signs or symptoms of coronavirus infection.
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