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The Comprehensive and Progressive Agreement for Trans-Pacific Partnership

We have decided for a while to make you discover the possibilities available to you in order to obtain qualified labor quickly.  The International Mobility Program (IMP) allows you (the employer) to hire a temporary worker without obtaining a Labour Market Impact Assessment (LMIA). International Free Trade Agreements are part of the IMP. Eleven of these agreements have been negotiated between Canada and various countries. Also in this article, we bring you the news that you can bring workers from ten Asia-Pacific and Latin American countries to Canada.

These facilities are made possible through the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) concluded on January 23, 2018 by Canada, Australia, Mexico, New Zealand, Singapore, Japan, Vietnam, Peru, Malaysia, Brunei and Chile. It should be noted that the agreement has already entered into force in Canada and the first seven countries. The agreement will enter into force with the other three countries as soon as they ratify the agreement.

For businesses in Canada in general and Quebec in particular, this agreement offers multifaceted benefits. The main advantage that must be noted, however, in the current context of constant labor shortage, is defined by faster access for Quebec companies to attach the services of an available workforce of competent, experienced and dedicated professionals and technicians. The orientations of the education system in these countries really make it possible to obtain the profiles sought while maintaining the levels of requirement required in Canadian and Quebec companies.

What about the specific benefits of the work permit?

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) provides permits for: business visitors, investors, intra-corporate transferees; professionals and technicians. The last two interest us the most in this paper.

Intra-corporate transferees, LMIA exemption T51

This provision implies that Canadian companies, which have employees at other facilities in one of the countries where the agreement is already in force, have the option of simply moving them to Canada to fill the gaps you have here.

Canada has reciprocal commitments for executives and managers with Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand and Peru. In terms of specialists, Canada has reciprocal commitments with Australia, Brunei, Chile, Japan, Mexico, New Zealand and Peru. Canada has made a reciprocal commitment with Chile for management trainees.

For the mutation to be possible, the person to be mutated must be:

  • Citizen of a country signatory to the agreement or permanent resident of Australia or New Zealand;
  • An employee of a company or be a partner in a company in a CPTPP signatory country for at least 1 continuous year during the 3 years preceding the submission of the application;
  • Transfered in a business (which must be a parent, subsidiary or affiliate of the business) in Canada to hold an executive, specialist or managerial position.

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

Intra-company transferees are eligible for stays of up to three years, with the possibility of extension.

With respect to the admission and work authorization of spouses of intra-company transferees, Canada has reciprocal commitments with Australia, Brunei, Chile, Japan, Malaysia and Mexico. They are eligible for the issuance of an open work permit.

Professionals and technicians LMIA exemption T52

This is undoubtedly one of the aspects that most interest Quebec companies that are facing a serious shortage. With respect to professionals, Canada has made reciprocal commitments with Australia, Brunei, Chile, Japan, Malaysia, Mexico and Peru. Canada has also made reciprocal commitments on a limited list of technicians with Australia, Chile, Japan, Mexico and Peru. Canada has made reciprocal commitments for the admission and work authorization of spouses of professionals and technicians from Australia, Chile, Japan and Mexico.

The agreement adopted provisions concerning the admission to temporary residence as foreign workers of professionals and technicians. For each member country of the agreement, there is a list of professionals and technicians who can access a work permit by taking advantage of the LMIA exemption.

However, in addition to language skills, there are a few criteria to be met. Employers must make sure that:

  1. Technicians must have completed at least two years of post-secondary or technical education and four years of work experience.
  2. Professionals must complete at least 4 years of post-secondary education and have at least two years of work experience.

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

Highly qualified professionals and technicians are eligible for a maximum stay of one year, with the possibility of extension.

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.

This agreement ensures both availability and mobility of the workforce that is to be seized. We can assist you through the procedures to take advantage of the benefits of this agreement.

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