Work permits through the CPAFTA

The Canada – Panama Free Trade Agreement (CPAFTA) is an international agreement between Canada and Panama, and accordingly every work permit application is assessed under paragraph 204(a) of the Immigration and Refugee Protection Regulations (IRPR). This regulatory provision falls under the International Mobility Program.

CPAFTA was signed in 2010 and came into force on 1 April 2013.

In addition, the temporary entry provisions of CPAFTA apply to permanent residents as well as to citizens. Evidence of permanent resident status is therefore also acceptable documentation in support of an application.

Note:Although the Canada – Panama Free Trade Agreement (CPAFTA) also contains provisions for traders and investors, intra-company transferees and spouses, those provisions are not currently in force. Panamanian citizens seeking entry under these categories must:

• Obtain a Labour Market Impact Assessment (LMIA).
• Apply under the General Agreement on Trade in Services.
• Seek other access under Canada’s domestic regime.

Overview

The Canada – Panama Free Trade Agreement (CPAFTA) facilitates temporary entry for citizens and permanent residents of Panama engaged in the trade of goods, the supply of services or the conduct of investment activities.

CPAFTA:

• Does not facilitate entry for permanent residence.
• Does not affect the general requirements relating to passports and identity documents, medical examinations, safety and security.
• Does not exempt workers from meeting the licensing or certification requirements attached to the practice of an occupation.
• Does not extend special privileges to spouses and family members. The entry of family members is governed by the Immigration and Refugee Protection Act and Regulations.

Temporary entry categories

CPAFTA facilitates temporary entry in the following categories:

Business travel

Business visitors are exempt from the work permit requirement. A Panamanian business visitor seeking entry to Canada is eligible for consideration under the CPAFTA provisions, as well as under the general provisions applying to all foreign workers.

Business visitors take part in international business activities relating to research and design; growth, production and manufacture; marketing; sales; distribution; after-sales service; and general service, without a work permit. These activities reflect the components of the business cycle.

Professionals

Professionals are business persons entering to supply pre-arranged professional services — as salaried employees of a Canadian enterprise, under a contract between the business person and a Canadian employer, or under a contract between the business person’s Panamanian employer and a Canadian enterprise.

CPAFTA has33 covered occupations. Professionals enter to supply services in the field in which they were trained.

Where to apply

Business visitors are exempt from the work permit requirement and may therefore apply at a port of entry, provided the applicant already holds a validTemporary Resident Visa (TRV)or a validElectronic Travel Authorisation (eTA)allowing them to travel to Canada. Applicants must apply for and obtain the temporary resident visa or electronic travel authorisation before arriving in Canada.

Foreign nationals who are exempt from the temporary resident visa requirement may apply for a work permit at a port of entry, as may foreign nationals who meet the requirements of R198. For more information, see:Temporary Foreign Worker Program (TFWP)andInternational Mobility Program (IMP): who may apply at a port of entry.

Foreign nationals may apply for a work permit from within Canada if they meet the conditions set out in the Immigration and Refugee Protection Regulations (IRPR).

Extending a work permit issued under CPAFTA

The free trade agreement (FTA) allows a work permit originally issued under the agreement to be extended. The work permit may be extended at the discretion of the officer assessing the application, provided the applicant has submitted all the documentary evidence required in support of the request.

To extend an FTA work permit under this agreement, the employer must submit a new offer of employment and the applicant must meet the usual work permit extension requirements.

In considering the period requested by the employer, the officer should review the application and the offer of employment to be satisfied that the requirements and purpose of entry under the agreement continue to be met. Extension applications should be submitted online. An application made at a port of entry or at an IRCC office outside Canada is treated as a new work permit application.

Documents accepted in support of an extension include:

• A letter from the supplying enterprise explaining the extension of the service contract.
• An updated business plan.
• An offer for a new contract.
• A feasibility study and marketing plan.

Requirements

To determine whether an applicant is eligible, the government immigration officer will consider the following factors:

• The applicant’s intentions:
  • What is the applicant doing in Canada?
  • How long has the applicant been here?
  • How long a period is being requested?
• The reasons given by the applicant for the extension:
  • Are the plans well thought through, or merely incidental?
  • Has the applicant been granted an extension before?
• The applicant’s situation in their home country:
  • In what way has the person left behind family, employment or other responsibilities and obligations?
  • How have those responsibilities been dealt with?
  • Is a long stay in Canada reasonable and workable?
• The original intention of the application:
  • What was the original purpose of the business trip to Canada?
  • Has the original purpose of the business trip been fulfilled?
  • If the original purpose has not been fulfilled, was the original period sufficient to fulfil it?
• The licence or documents required for the applicant to practise their occupation in Canada, where the occupation is regulated at provincial or territorial level:
  • For example, in most provinces and territories electricians and plumbers are regulated occupations and documents are required in order to practise.

Temporary entry

Temporary entry under a free trade agreement is entry without the intention of settling permanently. This definition is consistent with immigration law. It is applied flexibly to individual circumstances and recognises that the concept of temporary entry cannot rest on a fixed time limit alone.

The definition does not allow temporary entry without limit. The provisions of the agreement cannot be used as a mechanism to circumvent the procedures applying to permanent employment, nor as a means of establishing permanent residence.

Repeated extensions will not routinely be approved, even where a long appointment was specified on arrival in Canada. The longer the temporary stay, the greater the onus on the foreign national, particularly when requesting an extension of status, to satisfy the officer of their temporary intent.

A foreign national may be authorised to work temporarily in a permanent position that is, for some reason, temporarily vacant.

Read more about the Work Permit through CPAFTA on the Government website athere.