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CETA (LMIA exempt) Individual Professional

CETA (LMIA exempt) Individual Professional

Old Apr 27th 2018, 3:43 pm
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Default CETA (LMIA exempt) Individual Professional

Hi,

I was wondering if anyone had used the EU-Canada Comprehensive Economic Trade Agreement (CETA) for short-term work in Canada?

I have a job offer, but need to start ASAP. I would be working in a veterinary practice, in the laboratory for diagnosis and method development (microbiological research).

Could I do this as an Individual Professional on a the self-employed contractual basis through the CETA stream, then apply for a work permit (with LMIA) whilst there?

Is there a time limit on contractual work (i.e. 6 months within 12 month period) and do you have to prove previous self-employment.

Many Thanks for any advice!
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Old Apr 27th 2018, 4:10 pm
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Default Re: CETA (LMIA exempt) Individual Professional

I don't think you'll find anybody on the forum who has gone via that route, as it's so incredibly rare to qualify.

You mention on another thread that your NOC is 3213, is that right? If so, you still require a LMIA even via CETA, as per the following:

"Please note that several sectors listed in Annex 10-E are not included in this list because Canada is “unbound” and did not take commitments for those sectors, meaning that both independent professionals and contractual service suppliers seeking entry related to these sectors would be subject to the domestic regime and LMIA process. These sectors include:

medical and dental services
veterinary services

midwifery services
services provided by nurses, physiotherapists and paramedical personnel
higher education services"


This link shows the NOC's that are LMIA exempt under CETA, unfortunately yours isn't among them - https://www.canada.ca/en/immigration...uivalents.html

But in answer to your question, if you perhaps come under another category that is eligible, then it's a max 12 month period. And will take about 3-4 months, so about the same as a LMIA tbh.

HTH.

Last edited by christmasoompa; Apr 27th 2018 at 4:14 pm.
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Old Apr 28th 2018, 12:39 pm
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Default Re: CETA (LMIA exempt) Individual Professional

Christmasoompa is an expert but I wonder, since the OP is a PhD microbiologist, whether s/he might get the CETA LMIA exemption under "R&D Services" corresponding to NOC 2121 "biologists and related scientists, R&D related activities"?

What do you think coo?
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Old Apr 28th 2018, 2:08 pm
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Default Re: CETA (LMIA exempt) Individual Professional

Originally Posted by Novocastrian
Christmasoompa is an expert but I wonder, since the OP is a PhD microbiologist, whether s/he might get the CETA LMIA exemption under "R&D Services" corresponding to NOC 2121 "biologists and related scientists, R&D related activities"?

What do you think coo?
Absolutely, if that's the job - but in another thread she gives a different NOC code which isn't eligible. Hopefully the OP can investigate further though and see if there is any way to come under that NOC code.
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Old Apr 28th 2018, 2:45 pm
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Default Re: CETA (LMIA exempt) Individual Professional

Originally Posted by christmasoompa
Absolutely, if that's the job - but in another thread she gives a different NOC code which isn't eligible. Hopefully the OP can investigate further though and see if there is any way to come under that NOC code.
I think the job title without expansion comes under 3213, but s/he described in another thread the actual duties as including research in microbiology. Since s/he has a job offer, the employer might be willing to modify the title to indicate the research & development aspects?

Last edited by Novocastrian; Apr 28th 2018 at 2:47 pm.
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Old Apr 29th 2018, 2:44 pm
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Default Re: CETA (LMIA exempt) Individual Professional

Hi again,

Thank you for your input. The job title could potentially be under NOC 2121 as Biologist in development and research.3-4 months processing is a long time (probably too long).

Thanks

Emma
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Old Oct 5th 2018, 5:46 pm
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Default Re: CETA (LMIA exempt) Individual Professional

Quote from law firm:

After much anticipation CETA came into force on September 21, 2017. CETA, like NAFTA is a Trade Agreement, part of which allows for the labour mobility of citizens of member states. However, the labour mobility provisions of CETA are quite narrow which calls into question how much it will actually be used in the Canadian context.

CETA allows for the entry to Canada of three broad categories:

Key personnel: including intra-corporate (company) transferees, investors, and business visitors for investment purposes;
Contractual service suppliers and independent professionals; and
Short-term business visitors.
See my previous blog post on Intra-Company Transferees under CETA here.

Contractual Service Suppliers & Independent Professionals
CETA, like NATFA and other Free Trade Agreements (FTAs) allows for the entry of certain European Professionals to Canada. However, the program under CETA bears little resemblance to and is far more restrictive than expected. CETA covers 2 types of Professionals: Contractual Service Suppliers and Independent Professionals.

Unlike NAFTA and other FTAs, CETA Contractual Service Suppliers and Independent Professionals cannot be employed by the Canadian company contracting for their service. Their services must be provided under contract with the Canadian company either through their European employer, or, in the case of Independent Professionals, as a self-employed person. CETA Professional work permits are limited to a maximum cumulative period of 12-months in any 24-month period. Any work permit extensions are discretionary and would require submission by the employer of a new Offer of Employment (IMM5802) through the Employer Portal.

Applicants under CETA must be citizens of a European Union member state and they must possess a university degree or, in the case of engineering and scientific technologists, a 3-year post-secondary degree from an officially recognized institution in an approved discipline. Applicants must also have professional qualifications to practice if required by the province or territory where the service is being supplied.

In order to qualify under this provision, the Contractual Service Supplier or Independent Professionals’ occupation must fall under a qualifying service sector and within an eligible NOC. Eligible Contractual Service Suppliers and Independent Professionals are limited to those service sectors set out in s. 9 and s. 10 of Annex 10-E. The qualifying service sectors for Contractual Service Suppliers are listed in s. 9 and those for Independent Professionals are listed in s. 10. IRCC has created a concordance table specifying the National Occupational Classification (NOC) equivalents to the CETA service sectors described in Annex 10-E. The concordance table specifies which NOCs qualify as Contractual Service Suppliers and which qualify as Independent Professionals. It also specifies whether there are limitations to the occupations or duties within a NOC that qualify under the eligible service sectors.

It should be noted that as CETA Professionals cannot be employed by the Canadian company contracting for their service, they are unlikely to be eligible for points under Express Entry for having a qualifying offer of employment.

Additional Criteria – Contractual Service Suppliers
In order to qualify under the CETA Professional category, Contractual Service Suppliers must be employed by a European company with a contract to supply a service to a Canadian consumer. The European company cannot have an establishment in Canada.

In addition to the general criteria described above, in order to qualify under CETA, Contractual Service Suppliers must:

Have been employed by the European company for at least 1 year prior to the application;
Possess at least 3 years of professional experience in the sector of activity that is the subject of the contract; and
Only be remunerated for their service in Canada by the European employer.
Additional Criteria – Independent Professionals
Independent Professionals under CETA are defined as self-employed professionals who are contracted to provide a service to a Canadian consumer. In addition to the general criteria described above, in order to qualify under CETA, Independent Professionals must:

Be engaged in the supply of a service on a temporary basis as a self-employed person; and
Possess at least 6 years of professional experience in the sector of activity that is the subject of the contract.
Because of the amount of experience and the educational qualification required under the CETA Professional category, only a limited number professionals will be eligible. Professionals who are not eligible under CETA might be eligible under one of the following International Mobility Programs:

Global Skills Strategy Short-Term Occupation (work permit exempt)
Francophone Mobility Program
NAFTA or other Free Trade Agreement
International Experience Class
Significant Economic, Social or Cultural Benefit to Canada
GATTs Intra-Company Transferee
Please note that the above list is not a complete list of LMIA exempt work permit programs. Professionals who do not qualify under one of the aforementioned programs may require a Labour Market Impact Assessment to work in Canada.

Last edited by christmasoompa; Oct 5th 2018 at 6:04 pm. Reason: Company name removed
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