CANADA-PERU FREE TRADE AGREEMENT NOW IN EFFECT Effective August 1, 2009
2010-03-16
Effective August 1, 2009, Citizenship and Immigration Canada (CIC) has announced that the implementation of the Canada-Peru Free Trade Agreement is now in full force and effect.
The Canada-Peru Free Trade Agreement
In 2008, Canada and Peru entered into an international Free Trade Agreement (FTA) to facilitate the reciprocal trade in goods, services and investments between the two countries. The Canada-Peru FTA is structured much like the NAFTA and will now allow for eligible Peruvian citizens or permanent residents to enter Canada as temporary business persons/workers without requiring a Labour Market Opinion. Similarly, eligible Canadians seeking to enter Peru will also be able to take advantage of the Canada-Peru FTA.
Eligibility Criteria
The Canada-Peru FTA allows the temporary entry of four types of business persons: 1) Business Visitors; 2) Professionals; 3) Intra-Company Transferees; and 4) Traders/Investors.
1) Business Visitors
Peruvian citizens or permanent residents may now enter Canada to engage in business activities without a work permit under the FTA provisions. In order to qualify as a Business Visitor, the applicant must be engaging in activities that are commercial in nature and international in scope. The individual must not enter the country’s labour market, nor receive any remuneration from inside the country of destination. The same definition applies as for the NAFTA, with a few minor changes to include meetings and consultations, after-lease servicing, and other general services.
2) Professionals
Similar to the NAFTA, the Canada-Peru FTA provides a list of occupations recognized as “professional” occupations. The same list applies, with the exception of nine occupations in the health and education fields (such as registered nurses, physicians, pharmacists and teachers), as well as ten occupations in the field of cultural industries (such as performing artists and lawyers). On the other hand, the Canada-Peru FTA broadens its recognition of acceptable technical occupations, including 35 supervisory and technical positions in engineering, mining, manufacturing, construction, and information technology.
3) Intra-Company Transferees
Contrary to the NAFTA, workers may apply for temporary entry into Canada as intra-company transferees where they can show that they have been continuously employed by a Peruvian affiliate, branch, subsidiary or parent of the Canadian company for at least 6 months in the three years immediately preceding the application. In addition to the two subcategories of “specialized knowledge” and “senior management/executive” personnel, the Canada-Peru FTA also includes a new category of “management trainee on professional development”. This will allow recent post-secondary graduates to enter on a temporary basis to broaden his or her knowledge of and experience in a company in preparation for a senior leadership position within the company.
4) Traders/Investors
Same criteria apply as for the NAFTA.
With the implementation of the Canada-Peru FTA, it is expected that the trade in goods and service between the two countries will increase to both countries’ benefits. If you have any questions regarding the FTA or eligibility provisions, please contact your Bomza Law Group professional.
This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.
For further information regarding this update or any other Canadian immigration matter, please contact the Bomza Law Group.
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