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Canadian
work permits issued under the General Agreement
on Trade in Services are comprised of three
categories:
1.
Business
Visitors to
Canada
(GATS);
2.
Intra-Company
Transferees
;
3.
Professionals
.
Foreign
workers who meet the requirements of these
provisions may eligible to obtain a Canadian
work permit without the requirement of HRSDC
Confirmation of the job offer. Applicants may
seek a work permit under this category either
at a Canadian visa office, or at a port of
entry for those who are exempt from the
requirement of a passport
visa.
Business
Visitors
Although
GATS Business Visitors fall under section 204
of the Regulations, defined as a work permit,
these cases will be addressed by Canadian
immigration officials under those provisions
governing Business Visitors (R186) as a matter
of policy. This has the advantage that HRSDC
Confirmation and a work permit does not have to
be sought by the applicant. However, the
disadvantage is that initial Business Visitor
visas are limited to six months (extensions of
up to one year are possible), and certain
benefits of a Canadian work permit are not
earned.
Please
see the provisions
of
Canadian Business
Visitor
(R186)
for more information on applying in this
category.
Intra-Company
Transferees
These
provisions apply in those cases in which an
executive, managerial, or specialist employee
of a company seeks to transfer to a parent,
branch, subsidiary, or affiliate to work in the
same capacity. Under these provisions, the
individual is required to have been employed by
that organization for a period of no less than
one year prior to the submission of the
application.
The
provisions of Significant Benefit to Canada
contain very similar guidelines, and allow for
employment of one year in the three years prior
to the application. For these reasons, Canadian
immigration policy refers applicants under this
GATS category to the provisions of Significant
Benefit to Canada, and officials will consider
those cases
accordingly.
Please
refer to
section
C12 of
Significant Benefit to
Canada
for
more details on transferring from a foreign
division of a company to a Canadian
division.
Professionals
A GATS
Professional is a person who seeks to engage,
as part of a short-term services contract
obtained by a company in
another
Member Nation, in an activity at a
professional level in a designated profession,
provided that the person possesses the
necessary academic credentials and professional
qualifications, which have been duly
recognized, where appropriate, by the
professional association in Canada. The
individual must be a citizen of, and/or
resident in, a GATS member nation. The location
at which the individual is remunerated is not a
factor.
Applicants in this category
must fall within the definition of an eligible
occupation, and are limited to contracts
between a foreign service provider and a
Canadian consumer. Visas can be sought for a
maximum of 90 days, and can not be renewed by
extension within Canada. Those who are eligible
are not required to obtain HRSDC Confirmation
of the job offer in advance, and may apply at a
Canadian visa office, or at a port of entry for
those who are exempt from the requirement of a
passport visa.
The
following are the eligible occupations
under the GATS Professional category and
the requirements of
eligibility:
|
Group
1
|
|
Occupation
|
Minimum
Educational
Requirements
|
Other
Requirements
|
|
Engineer
|
Baccalaureate
degree
|
Provincial
licence
|
|
Agrologist
|
Baccalaureate
degree in
agriculture or related science
plus four years of related
experience
|
Licensing
required in New Brunswick,
Alberta & Quebec. Temporary
licensing required in British
Columbia
|
|
Architect
|
Baccalaureate
degree in
architecture
|
Provincial
licence
and certificate required
to practice
|
|
Forestry
Professional
|
Baccalaureate
degree in
forestry management or forestry
engineering, or a provincial
licence
|
Licensing as
a forester or forestry engineer
is required in Alberta, British
Columbia &
Quebec
|
|
Geomatics
Professional
|
Baccalaureate
degree in
surveying, geography or
environmental sciences plus
three years related
experience.
|
None
|
|
Land
Surveyor
|
Baccalaureate
degree
|
Provincial
licence
|
|
Group
2
|
|
Foreign Legal
Consultant
|
Baccalaureate
degree in
law
|
Provincial
licence
;
Employer in
Canada must be engaged in
substantive
business;
Foreign
service provider may not have a
commercial presence in
Canada.
|
|
Urban
Planner
|
Baccalaureate
degree in
urban
planning
|
Provincial
licence
;
Employer in
Canada must be engaged in
substantive
business;
Foreign
service provider may not have a
commercial presence in
Canada.
|
|
Senior
Computer
Specialist
|
Graduate
degree in
computer sciences or related
discipline and ten years
experience in computer
sciences.
|
A limit of ten entrants is
imposed;
Employer in
Canada must be engaged in
substantive
business;
Foreign
service provider may not have a
commercial presence in
Canada.
|
1
Baccalaureate
means
a degree from an accredited academic
institution in Canada or
equivalent.
2
Provincial
licence
means any document issued by a provincial
government or under its authority which permits
a person to engage in a regulated activity or
profession.
3
Geomatics
Professionals must be working in
aerial surveying or aerial
photography.
4
Graduate
degree
means at least a Master's degree from an
accredited academic institution in Canada or
equivalent. Academic equivalencies will be
determined by the relevant equivalency services
in Canada.
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