Moving to Canada Under CETA: A Complete Guide for Europeans

Canada has opened its doors widely to European Union (EU) citizens through the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), which streamlines temporary work permits and eases business travel. If you’re a UK citizen, you may have heard about CETA when the UK was an EU member, but post-Brexit rules have shifted. Fortunately, the Canada-UK “Trade Continuity Agreement” (TCA) ensures many of the same or similar facilitative measures. In other words, whether you’re from France, Italy, Spain, Germany, or the UK, this blog breaks down how you can come to Canada to work on a temporary basis—LMIA-exempt—under CETA-like provisions.

At Immigration Nation – Immigration Consultant in Edmonton, we specialize in guiding Europeans (including British citizens) through the steps to secure a CETA-related (or transitional UK) work permit. Let’s get started!

1. Why CETA and Why Now?

CETA is a free trade agreement between Canada and the EU. Among its many chapters, Chapter 10 focuses on temporary entry for business persons (i.e., work permits, business visits, etc.). Key highlights:

• No LMIA (Labour Market Impact Assessment) needed if you qualify under CETA.
• Simplified work permit pathways for professionals, intra-company transferees, investors, traders, contractual service suppliers, and independent professionals.
• Short-term business visitors can enter without a work permit, as long as they comply with the listed permissible activities.

Note: The United Kingdom was part of CETA prior to Brexit. As of 2021, the UK uses the Canada-UK Trade Continuity Agreement (TCA), which is largely similar to CETA provisions but stands as a separate arrangement. While many rules mirror CETA, it’s essential for British citizens to confirm if the TCA lines up with your specific occupation or pathway.

Below, we first outline the major CETA categories for EU citizens. Then we will add a note on UK specifics at the end.

2. Major CETA Pathways

CETA divides “business persons” into distinct subcategories, each with unique rules:

1. Business Visitors (Short-term, R186(a)):
   • NoWorkPermitRequiredNo Work Permit RequiredNoWorkPermitRequired
   • For short visits to attend meetings, conferences, or to negotiate contracts.
   • Typically up to 90 days in any 6-month period, but can be fewer or more, depending on the type of activity.
   • Must not directly join the Canadian labor market or receive compensation from a Canadian source.
2. Investors (LMIA-exemption code T46):
   • For EU citizens who have made or are actively making a substantial investment in a Canadian enterprise.
   • Must hold controlling interest (e.g., more than 50% if it’s a smaller business) and develop/direct the enterprise.
   • Initial work permit: 1 year; possible extensions.
3. Contractual Service Suppliers (LMIA-exemption code T47)
   • Must be employed by an EU-based company with no presence in Canada.
   • The EU company has a contract with a Canadian client to supply specialized or professional services.
   • The foreign worker is an employee with at least 1 year of service at the EU firm + 3 years of relevant experience.
   • Permitted stay: up to 12 months in any 24-month period (or the length of the contract, whichever is less).
4. Independent Professionals (LMIA-exemption code T43):
   • Self-employed EU professionals.
   • Must have 6 years of experience in the service sector they plan to deliver.
   • Contract with a Canadian client.
   • Also limited to 12 months in a 24-month window.
5. Engineering & Scientific Technologists (LMIA-exemption code T48):
   • Similar to Contractual Service Suppliers / Independent Professionals, but specifically for engineers or scientific roles with a 3-year post-secondary degree in engineering technology, biology, physics, etc.
   • Short stays, typically up to 12 months.
6. Intra-Company Transferees (ICTs) (LMIA-exemption codes T44, T42, T41):
   • For EU citizens who have worked at an EU-based affiliate of a multinational for 1 year and are being transferred to a Canadian affiliate.
   • Sub-categories:
     • Executives / Managers: T44, max total of 7 years.
     • Graduate Trainees: T42, max 1 year (no extension).
     • Specialized Knowledge: T41, max total of 5 years.
   • The Canadian and European entities must share ownership, and the role in Canada should mirror your specialized role in Europe.

Spouses (for ICTs)

Under Annex 10-F of CETA, spouses or common-law partners of EU ICT work permit holders can obtain an open work permit (LMIA exemption code T45) valid for the same duration. This does not automatically apply to other categories, such as Contractual Service Suppliers, Professionals, or Investors—though in many cases a spouse can apply for a spousal open work permit if your Canadian job is TEER 0/1/2/3.

3. Documentation Requirements & Process

For each CETA category, you’ll typically need:

1. Proof of EU Citizenship: Valid passport from a participating EU member state.
2. Offer of Employment or a Service Contract: Your Canadian employer must use the Employer Portal to submit an Offer of Employment (if it’s an employee scenario). For self-employed professionals, provide the contract between your EU business and the Canadian client.
3. Proof of Qualifications: This might be a university degree, license, or professional certificate. For regulated occupations, show you’re licensed or can become licensed in the province.
4. Proof of Relationship (ICT scenario): A letter from your EU-based parent or affiliate confirming the corporate tie to Canada. For specialized knowledge roles, show how your knowledge is advanced and “proprietary.”
5. Proof of Investment (Investors only): Business plan, corporate records, or bank statements demonstrating your substantial, controlling stake.

How to Apply

• Online: For many, applying online (via IRCC’s portal) is recommended—especially for more complex categories (Investors, Traders, ICT).
• Port of Entry (PoE): Some visa-exempt nationals (like many EU citizens) can apply at the Canadian border for a CETA work permit. However, if your case is complicated, or you are from a country that needs an eTA or TRV, applying in advance is often wiser.

Processing Times

IRCC times vary based on the category, your country, and application method. An average might be a few weeks to a few months if it’s a complex scenario. If you show up at the border, it’s typically decided on the spot—assuming you have everything in order.

4. Temporary vs. Permanent: “Dual Intent” Clarification

Under CETA, your status is temporary. The maximum durations differ across subcategories. However, many EU citizens come under CETA, gain valuable Canadian work experience, and later decide to apply for permanent residence (e.g., Express Entry). This is called dual intent—acceptable as long as you remain truthful that your immediate purpose is to comply with the CETA temporary route, and if you do eventually go for permanent residency, you’ll file a separate application.

5. What About the UK?

The United Kingdom left the EU on January 31, 2020, thus CETA no longer applies directly to UK citizens. Instead, Canada and the UK signed a “Trade Continuity Agreement” (TCA) in 2020, ensuring that many CETA-like provisions remain in place. The TCA is effectively an interim arrangement, with possible changes over time.

Key TCA Points for UK Citizens

• Similar Pathways: Many old CETA categories—like ICTs, investors, etc.—are mirrored in the TCA.
• Proof of UK Citizenship: Provide your British passport.
• Employer Portal Offer**: If you’re an employee or an ICT, your prospective Canadian entity must file an offer in the same manner as under CETA.
• Business Visitors: The TCA also recognizes short-term business visits with similar restrictions on direct sales to the public, etc.

Although not identical in every detail, the TCA attempts to keep the majority of CETA-era benefits for Britons. For updates or nuances to the TCA, consult us at Immigration Nation – Immigration Consultant in Edmonton.

6. Practical Tips

1. Confirm Your Category: Are you an ICT? Investor? Contractual Service Supplier? The difference drastically affects the docs needed, maximum stays, etc.
2. Document Thoroughly: Summaries or “we might invest” are insufficient. Provide tangible evidence—contracts, business incorporation docs, letters from your EU-based or UK-based employer, etc.
3. Check Provincial Regulations: If you’re in a regulated profession (engineer, nurse, teacher), see if you need a provincial license.
4. Language: Canada has two official languages (English, French). Make sure your contract, or at least your translations, are clear.
5. Plan for Spouses: If you want your spouse to work, confirm if the spousal open work permit route applies. Typically, ICT spouses have direct coverage. Otherwise, you might rely on general spousal bridging open work permits if your job is skill level TEER 0–3.
6. Mind the Short Duration: Some categories (like Contractual Service Suppliers, Independent Professionals) limit you to a 12-month cumulative stay in any 24-month period. Investors typically get 1-year stints with possible renewals if you can show continued compliance.
7. Be Prepared at the Port of Entry: If you apply on entry, bring a well-organized folder: passport, job contract, letter from your EU or UK employer, business license, financial proofs, relevant diplomas, translations if needed, etc.

7. Frequently Asked Questions (FAQ)

Q1: How long can I stay in Canada under CETA or the TCA?

• It depends on your subcategory. For ICT managers, up to 3-year initial validity plus possible extensions (max 7 years). For investors, you get 1 year initially, possibly extendable. For contractual service suppliers or independent professionals, up to 12 months within 24 months. Check each subcategory’s maximum length.

Q2: Is it simpler to just come as a business visitor without a work permit?

• Only if your intended activities are strictly permissible under business visitor rules (e.g., meetings, conference attendance, after-sales or after-lease service that doesn’t involve heavy manual tasks). If you plan to actually work in Canada’s labor market (e.g., do day-to-day job tasks that a Canadian might do), you likely need a CUSMA-type or CETA-type (or TCA if you’re British) work permit.

Q3: Can my spouse and kids come too?

• Generally, yes. They can apply as your dependents. However, for an open work permit, the main category that automatically extends that privilege is the ICT spouse (CETA code T45). For other subcategories, your spouse may need to secure their own job offer or study permit, or rely on standard spousal open work permit rules if you’re in a TEER 0-3 job.

Q4: I’m from the UK. Do I literally do the same steps as an EU citizen under CETA?

• Largely yes, but you’ll refer to the Canada-UK TCA. The forms and IRCC website may still point to parallel subcategories. The TCA is quite similar to CETA. Yet keep an eye out for changes or updates specific to the UK.

Q5: If I want to stay more than the maximum time, can I switch to a different category?

• Possibly. E.g., an ICT specialized knowledge can try to shift to an ICT manager if they meet the criteria. Or you might switch from an EU-based employer to a Canadian one under a standard LMIA or LMIA-exempt route. Each transition must meet the new category’s eligibility and you must remain in compliance (no working “off category”).

Q6: Do I need a lawyer or consultant for this?

• While it’s not legally required, the process can be complex, especially if you’re an investor or ICT with multiple corporate documents. A licensed immigration consultant (like us at Immigration Nation – Immigration Consultant in Edmonton) can ensure a faster, more accurate approach.

Q7: Can I eventually apply for permanent residency (PR)?

• Yes. CETA or TCA status is purely temporary, but many build Canadian work experience and then proceed to Express Entry or a Provincial Nominee Program. Canada acknowledges “dual intent”—meaning it’s legitimate to come temporarily and also keep the door open to PR.

Q8: Is CETA or TCA guaranteed?

• No. Immigration officers still evaluate your documents, your ties to your home country (or current job), and your eligibility. If they see red flags about your plans or the genuineness of the job/investment, they can refuse entry.

8. Final Thoughts

For EU citizens, CETA is a powerful tool to secure an LMIA-exempt work permit, letting you test out Canada’s labor market without the usual barriers. For UK citizens, the Canada-UK TCA offers a near-equivalent route post-Brexit. Understanding which subcategory—Investor, ICT, Independent Professional, or Contractual Service Supplier—fits your situation is crucial.

Key Reminders:

1. Collect thorough documentation: The biggest pitfall is insufficient proof of your specialized knowledge, controlling investment, or pre-arranged contract.
2. Stay “Temporary”: You must show your temporary intent in each subcategory, even though you can reapply or transition to a permanent route later.
3. If you don’t see your occupation or sector listed in the relevant annex, you might not qualify under CETA or TCA. Then you’d look at other LMIA-exempt pathways or an LMIA-based approach.

Need professional guidance? Immigration Nation – Immigration Consultant in Edmonton is here to walk you through the CETA or Canada-UK TCA channels, ensuring you present the strongest possible application. Contact us at (780) 800-0113 or email [email protected] to get started!

Disclaimer

The information provided is for general guidance and may change if Canada amends or updates trade agreements. Always confirm with official IRCC sources or consult a licensed immigration expert to address your unique circumstances.