The CCFTA was the first free trade agreement between Canada and a South American country. Since its entry into force in 1997, Canada and Chile have taken many steps to expand and modernize the CCFTA.

Its first objective is to foster a business environment with more openness and greater inclusion.

Like most free trade agreements, the CCFTA facilitates the arrival of foreign workers from Chile under certain conditions. Among the categories of people who benefit from the exemptions offered through this agreement are professionals, technicians and intra-company transferees who are best suited to survey for Canadian companies that must address the critical labour shortage.

1) Professionals and technicians

There are more than sixty professions for which employers can recruit in Chile without worrying about postings or requesting a Labour Market Impact Assesment (LMIA).

A professional or technician means a Chilean national who otherwise meets the existing immigration requirements applicable to temporary admission, upon presentation and practises a specialized profession that requires:

(a) proof of citizenship; and

(b) one or more documents certifying that he or she will carry out one of the activities referred to and indicating the purpose of the visit.

How long is a work permit valid for a professional or technician? Can it be extended?

A first work permit issued upon entry into Canada may be valid for up to three years. Extensions of up to three years may be granted, provided that the person concerned always meets the requirements applicable to traders. There is no limit to the number of extensions.

It should be noted that the spouses of professionals and technicians admitted to temporary residence can also benefit under well-defined conditions from an open work permit covering the period of the conjugal partner’s work permit.

2) People in transfer within a company

Intra-corporate transferees are employees ofa canadian enterprise who hold an executive or managerial position or a position that requires specialized knowledge and who are transferredto perform similar functions in the Canadian enterprise or in a parent, branch, subsidiary or affiliate in Canada.

A intra-company transferee is not required to obtain an LMIA, but must have a work permit. This exemption benefits companies that arelocated in one of the other two countries quite well.

The following requirements apply:

• possessCanadian citizenship;
• hold an executive or managerial job or a job that requires “specialized knowledge”;
• be transferred to a business that has an eligible relationship with the business in which they currently work;
• the Canadian company must have a relationship withthe Canadian company (parent, branch, subsidiary or affiliate);
• have held continuous employment in a position of the same nature outside Canada for at least one year (full-time) in the three years preceding the date of the initial application; and
• comply with existing immigration requirements governing temporary entry.

How long is a work permit valid for intra-company transferees? Can it be extended?

The validity period of a work permit issued upon entry into Canada can be up to three years. However, persons authorized to enter Canada to establish an office or work in a new office should be issued an initial work permit for up to one year.

Extensions may be granted for periods of up to two years, provided that the person concerned always meets the requirements applicable to intra-company transferees.

It should be noted that the spouses of professionals and technicians admitted to temporary residence may also, under well-defined conditions, benefit from an open work permit covering the period of the conjugal partner’s work permit.

So, do you want to recruit employees from Chile? Simply contact us and you will be delighted with our professionalism.