Ways to Move to Canada with CUSMA

1. Ways to Move to Canada WithCUSMA ToworkordobusinessinCanada,eligiblecitizensoftheUnitedStatesandMexicomaybypasssomeredtapes. Workers,dealers,andinvestorsmaynowtraveltoCanadawithouthavingtogothroughtheLaborMarketImpact Assessment (LMIA) process, according to a new agreement between Canada, the United States, and Mexico (Cuba) (CUSMA). Before July 1, 2020, CUSMA was known as the North American Free Trade Agreement, or NAFTA. UnlesstheyareCUSMAInvestors,CUSMAworkpermitapplicantstravelingdirectlyfromtheUnitedStatesmay submit their applications at a bordercrossing. There are four different sorts of CUSMAcategories: CUSMAProfessionals CUSMA Intra-CompanyTransfers CUSMATraders CUSMAInvestors CUSMABackground The CUSMA results from an advantageous economic agreement that was established between Canada, the United States, andMexico. Chapter 16 of the CUSMA is limited to the temporary admission of chosen business individuals and does not address permanent entry. Therefore, it has no impact on the right to permanent residency. The temporary entrance is defined under the Agreement as an entry with no intention of establishing permanentresidence. United States, Mexico, and Canada are all obligated to comply with various duties under the CUSMA. They include printing a public awareness brochure on temporary admission under the CUSMA and the distribution of statistical information, amongothers. www.emigratecanada.com

2. TherisingpublicperceptionoftheCUSMAandthenecessityofsharinginformationwithourCUSMApartners necessitates that the data submitted into the GCMS be as precise and complete as possible to achieve our reporting and statisticalduties. Periodically,atrilateralTemporaryEntranceWorkingGroup,comprisedofofficialsfromdepartmentswithinter- est in the temporary entry of employees, meets to monitor and administer Chapter 16 of the CUSMA, which governs the implementation and administration of temporary access. This working group is co-chaired bythe DirectorofTemporaryResidentPolicyandPrograms(SST)andimmigrationauthoritiesfromtheUnitedStates andMexico.TheWorkingGroupisalsotaskedwithdevelopingmeasurestoenablethetemporaryimmigration of business people on a reciprocal basis, which will be discussedlater. Ways to Move to Canada With CUSMA:Professionals CUSMA professionals must have a job offer or a contract in one of the targeted professions in Canada to be eligiblefortheprogramme.Thereare63skilledoccupationsinthefieldsofmedicine,education,science,and other subjects. Dependingonthevocation,applicantsmustshowproofoftheireducationaldegreesanddocumentationoftheir work experience in the sector. It is not intended for individuals who seek to establish their own businesses in Canada. ItisalsopermissibleforCUSMAProfessionalstogotoCanadaasbusinessguests,providingthatthetraveller is not actively soliciting employment or advising clients, nor is the traveller meeting with any of thelatter. Work permits are valid for three years. They may then be renewed for up to three years and unlimited times provided that the professionals continue to satisfy all of the requirements. Immigration officers, on the other hand, must be confident that the work is still temporary and that the applicant is not seeking to circumvent ordinary immigration procedures by using CUSMAentry. Ways to Move to Canada With CUSMA: Intra-CompanyTransfers Employees from the United States or Mexico who are transferring to a Canadian branch may be eligible for CUSMA Intra-FirmTransfers. The move must be made solely to obtain temporary work in Canada. To be eligible, candidates must have held a position equivalent to the one they would be taking up in Canada for their U.S. or Mexican employer for at least one of the three years before their application. In addition, they must be currently employed by the company at the time ofapplication. Theymustbeinamanagerial,executive,orspecializedknowledgefunctiontobeconsideredforthisposition. CUSMATraders CUSMATradersmustbeinCanadatoundertakeasignificanttradeingoodsorservicesbetweenCanadaand the United States or Mexico, according to the rules of the CUSMA. “Substantial trade” is defined as trade in which more than 50% of the value of the goods and services traded is between Canada and one of theother CUSMA countries. For example, the transaction’s volume or value might account for 50% of the totalamount due in the transaction. www.emigratecanada.com

3. CUSMAInvestors CUSMAinvestorsmustmakeasignificantinvestmentinaneworexistingCanadiancompany,andtheymust intendtoexpandandoverseethecompany’soperationsinthecountryafterthat.WorkpermitsintheCUSMA Investor category may also be provided to personnel who are critical to the firm’soperation. Temporary Entry forWorkers Undertheterms of theUSMCA,businesspeople from theUnitedStatesandMexico will beable to temporarily accessCanadaforavarietyofactivities,includingtrade,investment,andtheexchangeofgoodsandservices. In addition, it does away with the need for all those who may be impacted to submit an LMIA (Labour Market Impact Assessment), and it streamlines the whole application process in general. Travel restrictions apply while entering Canada viaCUSMA Ithasbeenbrought to ourattention by theCanadianBorderServicesAgencythattheir joboffer must bewith a firmororganizationthatisstillinexistence.AllapplicantsforCUSMAworkvisasfromanyothercountrymust applyforoneandgetauthorizationtotravelfromImmigration,Refugees,andCitizenshipCanadabeforethey canbegintheirjobintheUnitedStates.Thisgroupofpersonswillnotbepermittedtotravel,andtheywillnot be allowed to apply for a CUSMA work visa at a port of entry if they doso. Foreign nationals seeking work in Canada must also be traveling for a compelling reason to be eligible for the position. Workers in critical infrastructure who are CUSMA professionals or intra-company transfers will be permitted to enter and may be exempted from compulsory quarantine if they do not exhibit coronavirus any signs or symptoms of coronavirusinfection. www.emigratecanada.com