Coming to Canada under the International Free Trade Agreement
Under the Nafta Free Trade Agreement, Canadian Companies can hire and retain workers from both the United States and Mexico under a list of special categories found here. Most applications will not need to go through the formal processing of the Federal Skilled Workers Program. The Nafta Agreement is mean to make it easier for Companies to obtain foreign skilled workers without the hassle of the regular immigration channels.
Categories and definitions need to be checked thoroughly. Before making an application, understand the major categories and definitions. For instance, what is a Business Visitor? In some cases, a Business Visitor is a driver of a truck of cargo, but a Business Visitor can also be a staff person from an office in the US that comes to work temporarily for a Canadian office that is part of the same company. Checking into these different streams of immigration can save Canadian companies alot of money when it comes to hiring foreign workers.
For further information, please see this list of definitions for Business Visitors to Canada and see if your company/client needs fit any of these definitions:
Research and Design
- Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of another Party.
Growth, Manufacture and Production
- Harvester owner supervising a harvesting crew admitted under applicable law.
- Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of another Party.
Marketing
- Market researchers and analysts conducting independent research or analysis or research or analysis for an enterprise located in the territory of another Party.
- Trade fair and promotional personnel attending a trade convention.
Sales
- Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party but not delivering goods or providing services.
- Buyers purchasing for an enterprise located in the territory of another Party.
Distribution
- Transportation operators transporting goods or passengers to the territory of a Party from the territory of another Party or loading and transporting goods or passengers from the territory of a Party, with no unloading in that territory, to the territory of another Party.
- With respect to temporary entry into the territory of the United States, Canadian customs brokers performing brokerage duties relating to the export of goods from the territory of the United States to or through the territory of Canada.
- With respect to temporary entry into the territory of Canada, United States customs brokers performing brokerage duties relating to the export of goods from the territory of Canada to or through the territory of the United States.
- Customs brokers providing consulting services regarding the facilitation of the import or export of goods.
AfterSales Service
- Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller’s contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.
General Service
- Professionals engaging in a business activity at a professional level in a profession set out in Appendix 1603.D.1.
- Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of another Party.
- Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of another Party.
- Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.
- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of another Party.
- Tour bus operators entering the territory of a Party:
- with a group of passengers on a bus tour that has begun in, and will return to, the territory of another Party;
- to meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in the territory of another Party; or
- with a group of passengers on a bus tour to be unloaded in the territory of the Party into which temporary entry is sought, and returning with no passengers or reloading with the group for transportation to the territory of another Party.
- Translators or interpreters performing services as employees of an enterprise located in the territory of another Party.
Definitions
For purposes of this Appendix:
territory of another Party means the territory of a Party other than the territory of the Party into which temporary entry is sought;
tour bus operator means a natural person, including relief personnel accompanying or following to join, necessary for the operation of a tour bus for the duration of a trip; and
transportation operator means a natural person, other than a tour bus operator, including relief personnel accompanying or following to join, necessary for the operation of a vehicle for the duration of a trip.
Resource
Nafta Free Trade Agreement: www.nafta-sec-alena.org
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