Entrepreneurs & Professionals: Working in Canada under the Free Trade Agreement

(Business people – Work in Canada under a free trade agreement)

Canada allows certain groups of foreign businesspeople and professionals to work temporarily in Canada under free trade agreements, with simpler conditions than for regular workers and without requiring an LMIA in many cases.

For Vietnamese citizens, Canada currently applies two relevant international agreements:

1. Agreements applicable to Vietnamese citizens

🔹 Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

• The CPTPP allows certain groups of entrepreneurs and skilled professionals to enter and work temporarily in Canada and other member countries.
• Vietnam is a member country of the CPTPP.

🔹 GATS Agreement ( General Agreement on Trade in Services - WTO)

• GATS facilitates the temporary employment of businesspeople and professionals from WTO member countries in other countries.
• Vietnam is a member of the WTO, therefore Vietnamese citizens may be eligible under GATS.

👉 Important: If you are working in Canada under GATS, your employer does not require you to apply for an LMIA.

2. Who is eligible?

Eligible groups include:

• Citizens of WTO member countries (including Vietnam)
• Permanent residents of:
  • Australia
  • New Zealand
  • Switzerland
  • Armenia

3. The "business persons" groups are accepted.

I. Business Visitors - Business travelers

A business visitor is someone who comes to Canada to engage in international business activities, not to participate in the Canadian labor market.

Permitted activities:

• Attend:
  • Business meeting
  • Trade fairs and exhibitions (not for sale to the public)
• Negotiating and purchasing Canadian goods and services.
• Providing after-sales service under warranty or sales contracts.

👉 No work permit required
👉 Maximum stay duration: 6 months/time

II. Professionals according to GATS

GATS professionals are people who:

• Working in Canada for a foreign company
• There is a service contract.

Condition:

• Meet the qualification requirements for the profession.
• Must have a provincial-level practice license, if required by the industry.

Accepted occupations (for example):

• Engineers
• Agronomists (minimum 4 years of experience)
• Architects
• Forestry professionals
• Geometrics professionals (minimum 3 years of experience)
• Land Surveyors
• Foreign legal consultants
• Urban planners
• Senior computer specialists (minimum 10 years of experience)

Work permit requirements:

• Need employer-specific work permit
• Employers must:
  • Submit job offers through the Employer Portal.
  • Pay employer compliance fee
  • Provide Offer of Employment Number

👉 Maximum working time: 90 consecutive days within a 12-month period

III. Intra-company Transferees

This applies to individuals transferred by a foreign company to a branch/affiliated company in Canada.

Requirements for the company:

• As a multinational corporation
• Does it have a parent company/branch/subsidiary/affiliate in Canada?
• The business must be operating in Canada in a physical manner. A mailing address or coworking space alone is not considered a business operation.

Conditions for employees:

• Belongs to one of the following groups:
  • Manager
  • Executive
  • Specialized knowledge worker
• Have worked for the company for at least one year.

Work permit duration:

• 3 years: specialized knowledge worker
• 5 years: manager or executive

👉 It is possible to extend the stay for a maximum of 2 years, with a total duration of stay of:

• 5 years (specialized knowledge)
• 7 years (manager/executive)

👉 No LMIA required

4. Areas covered by CPTPP

I. Business Visitors under CPTPP

Citizens of CPTPP countries (including Vietnam) can enter Canada as business visitors.

Permitted activities:

• Meetings & consultations
• Research & design
• Manufacturing & production
• Marketing, sales, distribution
• Certain after-sales services (applicable depending on nationality)
• General services:
  • Commercial transactions
  • Tourism
  • Translation

👉 No work permit required
👉 Maximum stay: 6 months/time

II. Investors (applicable to Vietnamese citizens)

Vietnamese citizens may be eligible for the Investor visa under the CPTPP if:

• As a Vietnamese citizen
• There are plans:
  • Establish or
  • Develop an investment in Canada.
• Invest using:
  • Personal or private capital
  • On behalf of the business

Role in Canada:

• Supervisor
• Executive
• Or someone with the essential skills for the project.

👉 Work permit required

• Maximum term: 1 year
• Renewable

Employers must:

• Submit job offers through the Employer Portal.
• Pay employer compliance fee
• Provide Offer of Employment Number

III. Professionals & Technicians under CPTPP

Professionals

Applicable to citizens of CPTPP countries (excluding Vietnam):

• Australia
• Brunei
• Chile
• Japan
• Malaysia
• Mexico
• Peru

Main condition:

• 4-year university degree
• 2 years of paid experience
• Occupations with TEER 0 or 1
• There is a pre-arranged job offer.
• Salary is comparable to the industry average.

Technicians

Applies to:

• Australia
• Chile
• Japan
• Mexico
• Peru

Condition:

• Two-year post-high school or technical degree
• 4 years of paid experience
• Occupations belonging to TEER 2 or 3
• There is a valid job offer.

5. Notes on NOC 2021

According to canada.ca:

• Starting November 16, 2022, Canada implemented the NOC 2021.
• Occupations must fall under TEER 0, 1, 2, or 3 to be eligible.
• Applicants should refer to the latest NOC when submitting their applications.

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