Mexico and Canada enjoy a mutually beneficial relationship. The two countries share close ties in the political and economic arenas. This is good news for Canadian employers who hire Mexican nationals to work in their business.

If you are immigrating to Canada then you need to know that Immigration, Refugees and Citizenship Canada (IRCC) has introduced a new electronic system called Express Entry. This new system allows potential immigrants to submit their application electronically thus speeding up the processing time significantly. It also allows you to track your application status online.

Canada Work Permit For Mexican

NAFTA Work Permits

The North American Free Trade Agreement (NAFTA) is a trilateral trade agreement negotiated between Canada, the United States, and Mexico in 1994. NAFTA provides unique opportunities for citizens of the United States and Mexico to work in Canada. Those foreign nationals covered by NAFTA provisions may be eligible to work in Canada without the requirement for a Labour Market Impact Assessment (LMIA) or, in some cases, a work permit.

• NAFTA Professionals
• NAFTA Intra-Company Transfers
• NAFTA Investors
• NAFTA Traders
• NAFTA Business Visitors
• NAFTA Professionals Occupation List
• NAFTA Definition of Terms

CONTACT US TO DISCUSS YOUR WORK PERMIT NEEDS

Important Update

As of September 30th, 2018, Canada, the United States, and Mexico, reached a tentative deal for a new trade agreement: the United States-Mexico-Canada Agreement (USMCA). If adopted by lawmakers this agreement will replace NAFTA. As per the current draft of the agreement, this will maintain identical provisions for business visitors and workers travelling between the countries as are outlined in NAFTA.

NAFTA establishes five situations wherein an American or Mexican citizen may be eligible for some sort of facilitated access to Canadian work authorization:

• NAFTA Professionals
• NAFTA Intra-Company Transferees
• NAFTA Investors
• NAFTA Traders
• NAFTA Business Visitors

Did you know?

In order to be eligible for LMIA or work permit exemptions under NAFTA, a person must be a citizen of Canada, the United States, or Mexico. Permanent residents of these countries are not eligible for NAFTAs temporary resident benefits.

NAFTA Professionals

The NAFTA Professionals provision provides the opportunity for professional workers to apply for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). In order to be eligible under this provision, the worker must have work experience in one of the NAFTA Professionals List of Occupations and have an offer of employment to practice the profession with an employer in Canada.

Program Requirements – NAFTA Professionals

In order to qualify for the LMIA-exemption under the NAFTA Professionals provision, a person must be a citizen of either the United States or Mexico. As well, the person must meet NAFTAs definition of professional, meaning they must be qualified in one of the NAFTA Professional Occupations. Professionals must demonstrate the qualification to work in their profession, either by virtue of a degree or certification and evidence of pre-arranged employment with a Canadian employer.

Application Procedure – NAFTA Professionals

Those wishing to apply for a work permit as a NAFTA professional may do so in one of three ways:

• At a Canadian Port of Entry (POE)
• At a Canadian visa office prior to entry to Canada
• If the person is already inside Canada as a temporary resident, they may apply from within the country.

In order to do apply for a work permit as a NAFTA professional, a person must provide the following required documents:

• Proof of American or Mexican citizenship
• Confirmation of pre-arranged employment in Canada
• Proof of Canadian employment indicating the profession of the employment
• Credentials demonstrating their qualifications in their intended profession in Canada

Did you know?

Work permits issued to NAFTA professionals may be issued for a maximum duration of three years. Professionals are eligible to apply for extensions of up to three years, with no limit on the number of extensions.

NAFTA Intra-Company Transfers

Under NAFTA, in some circumstances, a citizen of the United States or Mexico may transfer from within their enterprise to an enterprise located in Canada. In transfering to the Canadian enterprise, the employee will be exempt from needing a Labour Market Impact Assessment (LMIA), though they will be required to apply for a Canadian work permit. In order to qualify for this program, both the employee and the enterprise must meet certain requirements.

Program Requirements – NAFTA Intra-Company Transfers

In order to qualify for an LMIA-exemption under the NAFTA Intra-Company Transfers category, a person must be a citizen of either the United States or Mexico. The person must be seeking Canadian employment in an executive capacity, a managerial capacity, or in a position requiring specialized knowledge.

The person must demonstrate that they have held continuous employment in a similar position for a period of at least one-year (full-time) prior to the date of the work permit application. In order to be eligible for the NAFTA Intra-Company Transfer LMIA-exemption, the enterprises conducting the intra-company transfer must demonstrate a qualified relationship. Qualifying categories of relationships between enterprises include parent, branch, subsidiary or affiliate relationships.  

Application Procedure – NAFTA Intra-Company Transfers

Those wishing to apply for a work permit as a NAFTA intra-company transferee may do so in one of three ways:

• At a Canadian Port of Entry (POE)
• At a Canadian visa office prior to entry to Canada
• If the person is already inside Canada as a temporary resident, they may apply from within the country.

In order to do apply for a work permit as a NAFTA intra-company transferee, a person must provide the following required documents:

• Proof of American or Mexican citizenship
• Confirmation of current employment by an enterprise outside of Canada
• Proof of one-year of full-time employment completed within the three years prior to the application date
• Proof the Canadian position meets criteria as executive capacity, managerial capacity, or requiring specialized knowledge
• Outline of the position in Canada
• Intended duration of stay in Canada
• Description of the relationship between the enterprise Canada and the American or Mexican enterprise

Work permits for NAFTA intra-company transferees may be issued for a maximum duration of three years. Intra-company transferees may apply for extensions of up to two years.