GATS-Like CUSMA-is it for Everyone?

Three Categories comprise GATS issued Canada work permits:

  1. Business Visitors to Canada (GATS)
  2. Intra-Company Transferees
  3. Professionals

If a Foreign workers meets any of the above three requirements of these provisions, they may eligible to obtain a Canadian work permit without requiring HRSDC Labor Market Opinion. Applications may be processed at either at a Canadian visa office or at a Port of Entry for Applicants who are citizens of Visa Exempt Countries.

Business Visitors

GATS business visitor category allows Foreign Nationals to enter Canada when:

  • representing foreign service providers who wish to market their services in Canada and/or to establish a commercial presence to sell those services

Permissible activities under GATS are restricted to:

  • sales and marketing
  • negotiation of commercial transactions
  • establishment of a commercial presence.

GATS further restricts business visitor to the following service sectors:

  •  business communications
  • construction
  • distribution
  • environment
  • finance
  • tourism and travel
  • transport

GATS business visitors must not be seeking to join the Canada labor market (not seeking to displace a Canadian worker), may not accept remuneration from within Canada and cannot involve direct sales and/or service to the general public

CUSMA has a much broader scope for Business Visitors than that provided by GATS.

Intra-Company Transferees

The intra-company category was created to permit international companies to temporarily transfer qualified employees to Canada for the purpose of improving management effectiveness, expanding Canadian exports, and enhancing the competitiveness of Canadian entities in overseas markets. Executives, managers, or specialist employees of a company may transfer to an affiliated business unitto work in the same capacity. The Foreign National worker is required to have been employed by foreign business unit for a minimum of one year prior to application.

Significant Benefit to Canada provisions may also apply

Professionals

A GATS Professional is:

  • a person who will work as a professional for one of the limited designated professions listed below
  • has the academic credentials and/or professional qualifications
  • is a  citizen of, and/or resident in, a GATS member nation

A GATS Professional Work Permit is:

  • is exempt for HRSDC Confirmation (positive or neural LMO)
  • limited to contracts between a foreign service provider and a Canadian consumer
  • has a duration for a maximum of 90 days
  • can NOT be renewed by extension within Canada
  • applications may be made at a Canadian Visa Office, or at a Port of Entry (if no visa is required for the applicant)

The following are the eligible occupations under the GATS Professional category and the requirements of eligibility:

Group 1

Occupation

Minimum Educational Requirements

Other Requirements

Engineer

Baccalaureate degree

Provincial licence

Agrologist

Baccalaureate degree in agriculture or related science plus four years of related experience

Licensing required in New Brunswick, Alberta & Quebec. Temporary licensing required in British Columbia

Architect

Baccalaureate degree in architecture

Provincial licence and certificate required to practice

Forestry Professional

Baccalaureate degree in forestry management or forestry engineering, or a provincial licence

Licensing as a forester or forestry engineer is required in Alberta, British Columbia & Quebec

Geomatics Professional

Baccalaureate degree in surveying, geography or environmental sciences plus three years related experience.

None

Land Surveyor

Baccalaureate degree

Provincial licence

Group 2

Foreign Legal Consultant

Baccalaureate degree in law

Provincial licence;
Employer in Canada must be engaged in substantive business;
Foreign service provider may not have a commercial presence in Canada.

Urban Planner

Baccalaureate degree in urban planning

Provincial licence;
Employer in Canada must be engaged in substantive business;
Foreign service provider may not have a commercial presence in Canada.

Senior Computer Specialist

Graduate degree in computer sciences or related discipline and ten years experience in computer sciences.

A limit of ten entrants is imposed;
Employer in Canada must be engaged in substantive business;
Foreign service provider may not have a commercial presence in Canada.

1 Baccalaureate means a degree from an accredited academic institution in Canada or equivalent.
2 Provincial licence means any document issued by a provincial government or under its authority which permits a person to engage in a regulated activity or profession.
3 Geomatics Professionals must be working in aerial surveying or aerial photography.
4 Graduate degree means at least a Master’s degree from an accredited academic institution in Canada or equivalent. Academic equivalencies will be determined by the relevant equivalency services in Canada.