NAFTA Investor Work Permit

NAFTA Traders and NAFTA Investors

NAFTA Traders and NAFTA Investors who wish to work in Canada must:

1)   have the intention and ability to engage in substantial trade of goods or services between Canada and the country of the applicant’s citizenship (United States or Mexico).

OR

2)   have committed, or be in the active process of committing, a substantial amount of capital to an existing or new Canadian business.

In both instances, NAFTA Traders and Investors must be employed in an executive or supervisory position, or in a position that requires essential skills.

NAFTA Traders and NAFTA Investors are not subject to a Labour Market Impact Assessment requirement, but they do require a work permit to work in Canada.  Applicants cannot be granted both trader and investor status, however, if an applicant is unsure which status is best suited for their circumstances; he or she may apply for consideration for both designations.

NAFTA Trader and Investor work permits have a maximum duration of one year, with the possibility of a two-year extension provided that all requirements continue to be met. Information from the initial application will be compared with the application for an extension to ensure all conditions are satisfactory.

NAFTA Trader Work Permit

Requirements:

1)   NAFTA Trader applicants must have US or Mexican citizenship;

2)   The enterprise, by which the applicant is employed, must be a US or Mexican company (at least 50% owned by US or Mexican nationals or corporate persons);

3)   The enterprises must be in the business of substantial trade in goods or services;

4)   Trade must primarily be between the United Sates or Mexico, and Canada (over 50% of total volume of trade);

5)   Trade between the United States or Mexico and Canada must already exist. Applicants cannot qualify as a trader for the purpose of seeking new trading relationships;

6)   The applicant must hold a position that is executive, supervisory or one that involved essential skills; and

7)   Applicants may also subject to other requirements with respect to temporary entry to Canada (i.e. temporary resident visas for Mexicans).

NAFTA Investor Work Permit

Requirements:

1)   Applicant must have US or Mexican citizenship;

2)   The enterprise with which the applicant is employed by must have Mexican or US nationality (at least 50% owned by US or Mexican citizens or corporate persons);

3)   Substantial investment has been made, or is in the process of being made, in Canada;

4)   The applicant is seeking entry into Canada solely for the purpose to “develop and direct” the Canadian enterprise in which the applicant has invested, or in the process of actively investing, a substantial amount of capital;

5)   The applicant, if an employee, must hold a position that is executive, supervisory or one that involves essential skills; and

6)   Applicants may also subject to other requirements with respect to temporary entry to Canada (i.e. temporary resident visas for Mexicans).

NAFTA Investor work permits may also be granted to employees of the primary investor, provided they are considered essential staff. In order to bring an employee to Canada under investor status:

1)   the employer in Canada must be a US or Mexican citizen who currently has their investor status; or

2)   if the employer is a corporation or other business entity, such entity must be majority owned by US or Mexican citizens, who currently have investor status in Canada (if they are not living in the U.S. or Mexico).

Develop and Direct

“Develop and direct” means the applicant should have a controlling interest in the enterprise. This is to say the applicant must own more than 50% of the enterprise.

Substantial Investment

There is no exact dollar figure to meet the definition of “substantial investment” and such determinations are made using a proportionality test. In order to determine whether the investment is substantial, Canadian immigration officials will weigh the amount invested against one of the following:

1)   the total value of the particular enterprise; or

2)   the amount considered necessary to establish a viable enterprise of the nature contemplated.

Only the amounted invested, or that which is irrevocably committed, can be considered in whether the investment is substantial.

This information does not constitute legal advice and other conditions do apply. Please contact our Canadian immigration law firm for assistance with your NAFTA work permits.