NIKA IMMIGRATION SERVICES
CUSMA Work Permits: Q&As
5/8/20244 min read
CUSMA Work Permits: Q&As
Q1: What is a work permit?
Canadian work permit is the authorization for a foreign national to temporarily work in Canada.
Q2: What is CUSMA?
The Canada-United States-Mexico Agreement (CUSMA) is a free trade agreement between Canada, the USA, and Mexico that took effect on July 1, 2020. It replaced the former agreement, the North American Free Trade Agreement (NAFTA).
CUSMA allows eligible professionals, businesspersons, and other workers from each country to work in the other participating countries. It provides streamlined work authorization for certain job categories and facilitates easier movement of skilled workers between the three participating countries.
Q4: Who is eligible for a CUSMA work permit in Canada?
To be eligible for a CUSMA work permit in Canada, applicants must be citizens of the United States of America or Mexico and must be coming to Canada to engage in specific business or employment activities outlined in the agreement. These include roles such as professionals (for example, engineers, accountants, medical professionals and IT specialists), intra-company transferees, traders, and investors. The applicant’s job and qualifications must meet the requirements set out in the CUSMA agreement.
Q5: What are the job categories that qualify for a CUSMA work permit?
CUSMA includes several categories of persons eligible for a work permit in Canada. These include:
Professionals: Individuals with pre-arranged employment with a Canadian employer, who possess the necessary qualifications for their occupation, including licenses or degrees, and work in one of the occupations listed under CUSMA, such as computer systems analysts, accountants, engineers, scientists, and graphic designers. Applicants’ work in Canada should align with their occupation and fall under the TEER level 0, 1, 2, or 3 of the Canadian National Occupational Classification (NOC).
Intra-Company Transferees (ICTs): Employees of U.S. or Mexican companies working in managerial or executive roles (NOC TEER level 0 or 1), or positions requiring specialized knowledge, who are being transferred to a Canadian company with a qualifying relationship as a parent, branch, subsidiary, or affiliate of the U.S. or Mexican company.
These professionals must have worked full-time for their employer in the U.S. or Mexico for at least 1 year within the past 3 years and intend to continue working in Canada in a similar capacity. Part-time work equivalent to 1 year is not acceptable under this category.
If an ICT is being transferred to Canadian office under “specialized knowledge” category, they must demonstrate both “knowledge at an advanced level of expertise” and “advanced proprietary knowledge of the company’s product, service, research, equipment, techniques or management”.
The first component means that a person has specialized knowledge that is uncommon and distinct from what is typically found in a particular industry and within the employer's organization. This knowledge cannot be quickly transferred to another individual in the short term and plays a significant role in enhancing the employer's productivity.
The second component could be either specialized knowledge of the company's products or services and their international market applications, or advanced expertise in the company’s processes, including production, research, equipment, techniques, or management.
Traders and Investors: Individuals involved in substantial trade or investment activities between Canada and their home country.
Traders and Investors must be employed in an executive or supervisory role, or in a position requiring essential skills, which are the specialized qualifications crucial to the effectiveness of the company’s Canadian operations and exceed the qualifications typically required of a regular skilled worker.
Q6: Do I need a Labour Market Impact Assessment (LMIA) for a CUSMA work permit?
No, an LMIA is not required for a CUSMA work permit. Since CUSMA is a Canadian international agreement, the work permits issued under it fall within the International Mobility Program (IMP), which covers work permits exempt from the LMIA requirement. This makes the work permit application process faster and easier for eligible applicants.
Q7: How long can I work and stay in Canada on a CUSMA work permit?
The length of stay on a CUSMA work permit depends on the type of job and the applicant’s specific situation. In general, professionals and ICTs can receive an initial work permit for up to 3 years, while investors and traders are typically granted an initial permit for 1 year, with the possibility of extensions for each category. However, some extensions may not be allowed beyond a specified limit. For example, ICT workers with specialized knowledge may not stay in Canada for more than 5 years in total.
Q8: Can I bring my family with me when I work in Canada under CUSMA?
Yes, if you are granted a CUSMA work permit, your spouse or common-law partner and your dependent children may be eligible to accompany you to Canada. Your spouse may be eligible for an open work permit, allowing them to work in Canada for any employer, while your children may apply for a study permit or a visitor visa, depending on their age and personal circumstances.
Q9: How do I apply for a CUSMA work permit in Canada?
To apply for a CUSMA work permit, applicants must submit the required forms and documents to Immigration, Refugees, and Citizenship Canada (IRCC). This typically includes proof of arranged employment in Canada, evidence of qualifications and work experience, and documentation confirming eligibility under the CUSMA. Additionally, your employer in Canada must submit an online offer of employment through the IRCC Employer Portal.
As a general rule, your application must be submitted online before entering Canada. However, in some cases, you may apply at a port of entry upon arrival. For example, US citizens can typically apply for a work permit at the port of entry. However, before opting to apply at the border, I recommend consulting with a professional immigration consultant or lawyer to assess your specific circumstances.
Q10: Can I renew my CUSMA work permit?
Yes, a CUSMA work permit can be renewed. However, some extensions may not be allowed beyond a specified limit. For example, ICT workers with specialized knowledge may not stay in Canada for more than 5 years in total, while investors and trades are allowed to renew their work permits for up to 2 years. Additionally, when applying for a work permit extension, the onus is on the applicant and their employer to demonstrate that the requirements and purpose of entry under CUSMA continue to be met, and the intent to stay in Canada is temporary.
Disclaimer: