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CANADIAN NAFTA PROFESSIONAL WORK PERMITS EXTENDED FROM 1 TO 3 YEARS



On December 15, 2008, Citizenship and Immigration Canada announced a new policy extending the period of authorized stay for American and Mexican nationals entering Canada to work under the North American Free Trade Agreement (NAFTA) Professional status. Whereas previously granted in one-year increments only, NAFTA work permit holders may now apply for new and extended visas for up to a period of 3 years. This new policy mirrors the United States’ new rule for Trade NAFTA (TN) professional visas, which was announced in October.

The NAFTA Professional Work Permit

Under the NAFTA, qualified nationals of the United States and Mexico may enter Canada to work in a professional capacity for a Canadian company or for the foreign national’s American or Mexican employing company. In order to qualify under this category, individuals must: a) possess American or Mexican citizenship; b) fill a professional occupation listed under Appendix 1603.D.1 of the NAFTA; and c) meet the educational and professional qualifications required of the professional occupation.

Impact on Accompanying Family Members

This new rule is also applicable to accompanying dependents who will now be able to enter and remain in Canada for the same period of time. Spouses of NAFTA work permit holders may obtain open work permits for up to three years, whereas dependent children will be eligible for a visitor record or study permit for the same period of time.

Recommendation

It is recommended that current and prospective NAFTA Professional work permit holders apply for a NAFTA work permit (or extension) for the maximum three (3) years. Where employees may be expected to work in Canada for a longer period of time, this has now become a highly desirable option, as it is an affordable and longer-term visa category.


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 at 416-598-8849 or e-mail one of the following professionals:


Janet L. Bomza: jbomza@bomzalawgroup.com

Jennifer R. Nees: jnees@bomzalawgroup.com

Melodie Hughes: mhughes@bomzalawgroup.com


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