published on 11 July 2024 @ 4:21 pm · COMMENT
Canada-Ukraine Free Trade Agreement Immigration Provisions in Effect as of July 1, 2024
A renegotiated and modernized Canada-Ukraine Free Trade Agreement (“CUFTA”) came into force on July 1, 2024. The CUFTA now includes provisions that facilitate reciprocal market access for both citizens and permanent residents through the temporary entry of businesspersons in four categories: business visitors, investors, intra-company transferees, and professionals.
Business visitors are defined as those for whom the primary source of remuneration for the proposed activity is outside of Canada and the principal place of business and the predominant place of accrual of profits remain outside of Canada. Business visitor activities include meetings and consultations; research and design; manufacturing and production; marketing; sales; distribution; after-sales or after-lease services; and certain general services. Business visitors can enter to engage in these activities for a maximum of 6 months, with extensions possible based on the officer’s discretion.
Investors are defined as those who are entering to establish, develop or administer an investment to which a substantial amount of capital was committed or is in the process of being committed. This includes either the owner of the enterprise committing the funds or an employee of the enterprise. The individual must also be in a supervisory or executive role or a role that involves essential skills. The definitions of supervisors, executives and essential skills are the same as those provided in the Canada-United States-Mexico Agreement (“CUSMA”). Work permits will be granted for up to one year, with extensions possible based on the officer’s discretion.
The provisions regarding intra-company transferees are like those found in other free trade agreements, allowing for the transfer of those who are employed by an enterprise in Ukraine in an executive, manager, or specialist role and who are seeking to work for a parent, subsidiary or affiliate enterprise in Canada. The applicant must have been continuously employed by the transferring company for at least one year within the previous three years. The initial length of stay is up to three years, with possible extensions at the officer’s discretion, to a maximum of seven years for executives or senior managers, or five years for specialists.
Finally, the CUFTA also allows for the issuance of work permits to professionals with an offer of employment in eligible occupations in Training, Education, Experience and Responsibilities (“TEER”) 0 or 1. They must also have a post-secondary credential of four or more years of study and any additional educational requirements for their specific occupation in the National Occupation Classification (“NOC”), as well as two years of paid work experience in the sector of activity of the contract. In addition, they must be remunerated at a level commensurate with other similarly qualified professionals in the industry and region where the work is performed (not including non-monetary elements such as housing costs and travel expenses), which will be assessed based on the prevailing wage for the position on the Canada Job Bank. Eligible occupations include all TEER 0 and 1 occupations except for the following: health, education and social services occupations and related occupations; judges, lawyers, and notaries except for foreign legal consultants; managers in postal and courier services; managers of telecommunications carriers; occupations related to cultural industries; and recreation, sports, and fitness program and service directors. If there is a concern about the applicant’s ability to communicate in one of the two official languages, an officer may also ask for proof of an applicant’s language ability. Work permits will be granted for up to one year, with extensions by one-year increments at the officer’s discretion.
Married spouses and common-law partners of investors, intra-company transferees and professionals are also eligible for open work permits, regardless of their citizenship or nationality.
These new immigration provisions of the CUFTA provide applicants who are citizens and permanent residents of Ukraine with important new avenues for obtaining work permits in Canada. These new provisions are also especially timely, given that the temporary measures originally put in place at the outset of the Russian invasion of Ukraine recently expired on March 31, 2024. The inclusion of immigration provisions in the CUFTA ensures that the entry of Ukrainians with business activities in Canada or those with a valid job offer as an investor, intra-company transferee or an eligible professional occupation will be subject to fewer barriers when seeking entry to Canada.
filed under: IMMIGRATIONPERMANENT RESIDENCE