Work Permits Under Free Trade Agreements: CUSMA, CETA, CPTPP, and More

Canada’s growing network of international free trade agreements does more than just lower tariffs—it also facilitates the movement of skilled workers. Many of these agreements include provisions that allow citizens of partner countries to obtain LMIA-exempt work permits to work in Canada temporarily. These exemptions fall under section 204(a) of the Immigration and Refugee Protection Regulations (IRPR) and are issued where the foreign national’s employment in Canada provides reciprocal benefits under an international agreement.

The most commonly used of these agreements are CUSMA (formerly NAFTA), CETA (with the EU), and CPTPP. However, there are several others, and each has its own rules and eligibility categories. For employers and professionals alike, these agreements offer a streamlined route to temporary employment in Canada without the need to prove labour market shortage

Major Free Trade Agreements That Facilitate LMIA-Exempt Work Permits

Below is a list of the key trade agreements that include labour mobility provisions relevant to Canadian work permits:

  1. Canada–United States–Mexico Agreement (CUSMA)
  2. Comprehensive Economic and Trade Agreement (CETA) – European Union
  3. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
  4. Canada–Chile Free Trade Agreement
  5. Canada–Colombia Free Trade Agreement
  6. Canada–Peru Free Trade Agreement
  7. Canada–Korea Free Trade Agreement
  8. Canada–Panama Free Trade Agreement
  9. Canada–United Kingdom Trade Continuity Agreement (TCA)
  10. Canada–Ukraine Free Trade Agreement (CUFTA)
  11. Canada–Honduras Free Trade Agreement

 

These agreements allow for various categories of workers to enter Canada on a temporary basis, including professionals, technicians, business visitors, intra-company transferees, and investors. The terms and scope vary by agreement, and some are more limited than others.

CUSMA: The Most Commonly Used

Under CUSMA, U.S. and Mexican citizens may be eligible for LMIA-exempt work permits in four main categories:

  • Professionals: Over 60 listed occupations including engineers, accountants, and computer systems analysts
  • Intra-Company Transferees: Executives, senior managers, and specialized knowledge workers transferring within the same multinational organization
  • Traders and Investors: Individuals managing substantial trade or investment between their home country and Canada
  • Business Visitors: Permitted entry without a work permit for specific short-term business activities

The application process is relatively straightforward and can often be completed at the port of entry, provided all supporting documentation is in order.

CETA: Access for European Professionals

The Comprehensive Economic and Trade Agreement (CETA) allows citizens of EU member states to enter Canada under several LMIA-exempt categories:

  • Business visitors
  • Intra-corporate transferees
  • Investors
  • Contractual service suppliers and independent professionals in designated sectors

Unlike CUSMA, which relies on a defined list of occupations, CETA eligibility for service suppliers and professionals is based on sector-specific commitments outlined in the agreement.

CPTPP: Broad Access Across the Pacific Rim

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) covers 10 countries, including Japan, Australia, New Zealand, Chile, Mexico, Peru, Vietnam, Malaysia, Brunei, and Singapore. While CPTPP provisions vary depending on the country pair, many of the signatories have committed to allowing temporary entry for:

  • Business visitors
  • Investors
  • Intra-corporate transferees
  • Professionals and technicians

Not all countries have ratified the agreement in the same way, and specific commitments vary. For example, Malaysia and Vietnam currently offer limited mobility under CPTPP, so applicants should check which country-specific provisions are in force.

Other Agreements

Agreements with countries such as Chile, Colombia, Peru, Panama, Korea, and the UK also include labour mobility chapters, often mirroring CUSMA-like provisions for professionals and intra-corporate transferees. The Canada–UK TCA, for instance, preserves many of the labour mobility benefits that were previously available under CETA prior to Brexit.

The Canada–Ukraine Free Trade Agreement (CUFTA) includes provisions for temporary entry of business persons, though its use is less common and more narrowly interpreted.

Compliance Obligations and Application Process

Although LMIA-exempt, most of these work permits still require employers to submit the job offer through the IRCC Employer Portal and pay the $230 employer compliance fee before the worker applies. The worker must then submit documentation proving their eligibility under the applicable trade agreement.

Some categories—such as business visitors—are exempt from the employer compliance requirements and can enter Canada without a work permit if they meet the criteria.

Why Use These Agreements?

Free trade agreement-based work permits offer several advantages:

  • No LMIA required, meaning faster processing and reduced administrative burden
  • Defined eligibility, often based on occupation or role
  • Port-of-entry processing available for many applicants
  • Fewer refusals when supported with the proper documentation and legal interpretation

Many applicants who enter under these exemptions later use their Canadian work experience to apply for permanent residence through Express Entry or provincial nominee programs.

At Elliott Immigration Corporation, we help businesses and professionals navigate the complexities of trade agreement-based work permits, ensuring that applications are complete, compliant, and aligned with the legal frameworks of each agreement. Whether you are a multinational corporation transferring executives or a professional exploring a job opportunity in Canada, we can guide you through the right pathway.

Elliott Immigration Corporation is Here to Help You