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The Canada-Peru Free Trade Agreement (CPFTA), which entered into force on August 1, 2009, allowed both countries to develop international mobility program (IMP) conditions that were advantageous to Canada. Among other things, it facilitates the hiring of Peruvian workers as temporary foreign workers (TFW) while avoiding the need for a Labour Market Impact Assessment (LMIA) which generally includes long waiting times.
Like some free trade agreements, the CPFTA international mobility program is open not only to citizens of both countries but also to their permanent residents. It allows companies to attract workers from this Spanish country but with a level of development that promotes quality education and therefore a qualified and equipped workforce. There are three main possibilities for businesses.
A professional is not required to obtain an LMIA but must have a work permit.
A professional is defined as a Peruvian national who practices a specialized profession that requires:
(a) the theoretical and practical application of a body of specialized knowledge, and the appropriate certificate/licence to practise; and
(b) the obtaining a post-secondary diploma in a specialty whose practice requires at least four years of study;
In Canada, professionals who can be recruited in one of these countries must meet the following requirements, among other conditions:
The list of professionals is negative, that is, all professionals who meet the general definition of a professional are covered, unless they are on the list below.
All professionals in health, education, social services and related fields:
All professionals attached to cultural industries, including:
Supervisors in the following areas:
Contractors and foremen in the following areas:
A first work permit issued upon entry into Canada may be valid for up to one year. Extensions of up to one year may be granted, provided that the person concerned always meets the requirements applicable to professionals. There is no limit to the number of extensions.
A technician is not required to obtain an LMIA but must have a work permit.
A technician is defined as a Peruvian national who is a citizen or permanent resident who practices a specialized technical profession that requires:
(b) the obtaining of a post-secondary diploma or a technical diploma in a program of at least two years’ duration.
In Canada, skilled technical occupations are those that fall under Level B of the National Occupational Classification (NOC).
The list of technicians is positive, that is to say only technicians whose occupation is on the list of technicians are covered (see list below).
In short, whether for professionals or technicians, immigration officers must be assured that the employment is still “temporary” in nature and that the applicant is not using the CPFTA to avoid the usual immigration formalities.
If your company already has a subsidiary in Peru, it is because it is possible for you instead of recruiting new staff, to simply move employees from this subsidiary to Canada. Not only is the process faster, but it also gives you the assurance that you have already worked with the worker who joins you on site.
Intra-company transferees are employees of a Peruvian company who hold an executive or managerial position, a position that requires specialized knowledge as well as management trainees and who are transferred to perform functions of the same nature in the Canadian company or in a parent company, a branch, a subsidiary or affiliate in Canada.
An intra-company transferee is not required to obtain an LMIA, but must have a work permit. This exemption benefits companies that are located in one of the other two countries quite well.
The following requirements apply:
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.
You may encounter some difficulties in considering the different subtleties and provisions of this agreement in relation to the recruitment of foreign workers. But in the meantime, your labor shortage problem persists with its consequences. Know now we are here to help you stop the bleeding. In Peru, Colombia or better still in France, in the United States, in Belgium… all over the world, we have the opportunity to find you the best skills that best meet your specific needs.