USMCA Work Permit (A new US-Mexico-Canada agreement) is a way to work in Canada. The new USMCA agreement, or rather the US-Mexico-Canada trade agreement, will replace the former North Atlantic Free Trade Agreement (NAFTA) by the end of 2018 or the beginning of 2019. Although the USMCA affects many aspects of business interactions between the three countries, it also deals with the issue of visas and work permits for the citizens of these countries, especially with regard to the workforce. There are four groups of people following.
Business Visitors (Section A – Schedule 1603)
Traders and Investors (Section B – Schedule 1603)
Transferees within a company (Section C – Appendix 1603)
Professionals (Section D – Annex 1603)
Business visitors
Under section 1601, “businessman means any citizen of a Party who trades goods, provides services or conducts investments”. As a result of this definition, section 187 of the Immigration and Refugee Protection Regulations (IRPR) defines a business visitor as a foreign national “who seeks to engage in international business activities in Canada without entering directly on the Canadian labor market. ” He then classifies business visitors into the following groups:
foreign nationals purchasing or receiving training or familiarization with Canadian goods or services on behalf of a foreign business or government;
foreign nationals receiving or providing training at a parent company or a Canadian subsidiary of the company employing them outside Canada, if the production of goods or services resulting from the training is accidental; and
foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national does not participate in the sale to the general public in Canada.
Subsection 187 (3) of the IRPA states that the activities must meet the following conditions:
the main source of compensation for commercial activities is outside Canada; and
the primary place of business and the place of revenue recognition is primarily outside Canada.
Under section A – Schedule 1603 of the USMCA, business visitors, whether citizens of the United States or Mexico, may enter Canada and engage in commercial activities without authorization. In other words, they do not need a work permit to work in Canada. While this privilege extends to other nationalities under section 186 of the FIR, the USMCA again stresses the problem for US and Mexican citizens.
Traders and Investors
Under Section B – Schedule 1603, US and Mexican citizens are considered merchants or investors if their purpose of the visit is:
makes substantial trade in goods or services, mainly between the territory of the Party of which the businessman is a citizen and the territory of the Party on which entry is sought, or
creates, develop, administer or provide technical advice or services essential to the management of an investment for which the business person has engaged or is about to commit significant capital
People transferred to a company
According to Section C – Annex 1603 of the USMCA, “Each party shall grant temporary admission and provide confirmation documentation to a businessman employed by a company seeking to provide services to that company or an its subsidiaries or affiliated companies, to a managerial position, directing or involving specialized knowledge, provided that the businessman otherwise complies with the measures of the Party applicable to temporary admission. A party may require that the enterprise has been employed continuously by the enterprise for one year during the three-year period immediately preceding the date of the application for admission. These conditions are virtually identical to those of NAFTA, namely:
The company must do business in the United States, Mexico and Canada.
The person transferred within the company must hold a management or executive position, or must show specialized knowledge within the company.
The intra-corporate transferee must have at least one year of full-time experience in the business in the last three years.
You can read more at https://www.canada.ca
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