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Exemptions from the HRSDC process

In specific cases under the Immigration and Refugee Protection Act, employers in Canada can hire foreign workers without requiring an HRSDC job offer confirmation. IRPA exemptions from the HRSDC confirmation requirements are intended to facilitate the entry of foreign workers to support broad economic and trade objectives in Canada.

NAFTA

North American Free Trade Agreement

Under Chapter 16 of the NAFTA, citizens of Canada , the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business-related activities or investments.

All businesspersons covered by the NAFTA are exempt from the need to obtain approval from HRDC. This means that Canadian employers do not need to have a job offer approved by HRDC to employ a U.S. or Mexican businessperson.

General provisions on temporary entry also apply to citizens of the three countries.

The NAFTA applies to four specific categories of businesspersons: business visitors, professionals, intra-company transferees, and traders and investors.

CCFTA

Canada-Chile Free Trade Agreement

The CCFTA is modelled on the NAFTA and makes it easier for Canadian and Chilean citizens to temporarily enter the other country. The rules and requirements are similar to those under the NAFTA and cover the four categories of business persons: business visitors, professionals, intra-company transferees, and traders and investors.

GATS

General Agreement on Trade in Services

Under the GATS, Canada has committed to facilitate market access for certain businesspersons who are foreign service providers in specified sectors. The commitments apply to service providers from more than 140 World Trade Organization member countries. Three categories of businesspersons are covered: business visitors, professionals and intra-company transferees. Qualifying businesspersons find it easier to enter Canada because they do not need to obtain HRDC confirmation or, in the case of a business visitor, a work permit.

If you believe that you qualify under any of the above programs, and have an offer of employment from Canadian company, please contact us or ask your employer to call us. We can help.





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