Options for South Americans seeking work in Canada
Individuals from South America who wish to pursue employment opportunities in Canada have multiple avenues available to them, such as LMIA-based work permits and LMIA-exempt free trade agreements. A considerable proportion of South Americans, especially those hailing from Brazil, Peru, and Colombia, migrate to Canada for work, thereby enhancing various industries. In the subsequent article, we will outline several LMIA-exempt alternatives, which serve as a prompt and efficient solution, particularly in the current context of LMIA limitations.
Peru-Canada Free Trade Agreement
The Canada-Peru Free Trade Agreement (FTA) facilitates the temporary entry of specific categories of skilled business individuals into Canada and Peru. If you are entering under this FTA, your employer will not be required to obtain a labour market impact assessment (LMIA) before your authorization to work in Canada. Only citizens and permanent residents of Peru are eligible to enter Canada under this agreement. Types of businesspersons covered:
1. Business Visitors
A business visitor arrives in Canada to engage in business activities. They are not entering the Canadian labor market. Types of business activities include
- meetings and consultations
- research and design
- growth, manufacturing and production
- marketing
- sales
- distribution
- after-sales or after-lease service
- general service
As a business visitor, you do not need a work permit and you can stay for up to 6 months at a time.
2. Professionals
Professionals provide contractual services, as either
- an independent professional or
- an employee of a foreign company
They must also:
- have a post-secondary degree of at least 4 years in their field of work
- have the appropriate licensing or certification needed for your job
- have a pre-contractual relationship when you enter Canada (you cannot enter to look for work)
- work in a profession classified under Training, Education, Experience and Responsibilities (TEER) category 0 or 1 of the National Occupation Classification (NOC), except for those specifically excluded from the Agreement
3. Technicians
Technicians provide contractual services, either as independent professionals or as employees of a foreign company. They must also:
- have, at a minimum, a 1-year post-secondary or technical degree (or the equivalent)
- have all licensing or certification requirements for the position
- have a pre-contractual relationship when you enter Canada (you cannot enter to look for work)
- work in an eligible occupation that is classified under TEER 2 and TEER 3 of the NOC
Eligible occupations under the Canada-Peru FTA
Trades:
- plumbers
- oil/gas well
- drillers
- servicers
- testers
- engineering technologists and technicians, including
- civil
- mechanical
- industrial
- electrical/electronics (includes electronic service technicians)
- engineering inspectors, testers and regulatory officers
- construction inspectors and estimators
- electricians (includes industrial electricians)
- industrial instrument technicians and mechanics
- aircraft instrument, electrical and avionics mechanics, technicians and inspectors
- underground production and development miners
Other occupations:
- graphic designers and illustrators
- interior designers
- chefs
- computer and information system technicians
- international purchasing and selling agents
Supervisors in these occupations:
- machinists and related technicians
- printing and related occupations
- mining and quarrying
- oil/gas drilling and service
- mineral and metal processing
- petroleum, gas and chemical processing and utilities
- food, beverage and tobacco processing
- plastic and rubber products manufacturing
- forest products processing
- textile processing
Contractors and supervisors in:
- electrical trades and telecommunications
- pipefitting trades
- metal forming, shaping and erecting trades
- carpentry trades
- mechanic trades
- heavy construction equipment crews
- other construction trades, installers, repairers and servicers
5. Intra-company transferees
An intra-company transferee is an individual who is dispatched from a foreign organization to work for the same or a related entity in Canada. The company must
- be a multinational corporation with a parent, subsidiary, branch, or affiliate located in Canada
- be actively conducting business in Canada Just possessing a mailing address or having access to a shared workspace in Canada does not qualify as conducting business.
To be eligible, you must be:
- a manager
- an executive
- a specialized knowledge employee, or
- a trainee engaged in professional development
Additionally, you must have been continuously employed by your organization for a minimum of 6 months within the 3-year timeframe preceding your application.
6. Traders and investors
To qualify as a trader or investor, you must be:
- a supervisor
- an executive or
- someone with essential skills for the project
You must plan on
- trading goods or services between Canada and Peru
- establishing, developing or administering an investment with substantial capital
Canada-Columbia Free Trade Agreement
Generally speaking, this agreement is very similar to the Peru-Canada agreement. Only citizens and permanent residents of Colombia are eligible to enter Canada under this agreement.
1. Business Visitors
The same definition is valid here: business visitors are taking part in business activities but not entering the Canadian labor market.
2. Professionals
The same definition and the same criteria as FTA with Colombia. Also, for both agricultural workers, there is a list of occupations that are not eligible:
Healthcare:
- health care and community service managers
- physicians
- dentists
- optometrists
- chiropractors
- pharmacists
- dietitians
- nutritionists
- therapists
- psychologists and social workers
- nurse supervisors and registered nurses
- other health professions
Education:
- education managers
- university professors & assistants
- college & other vocational instructors
- elementary/secondary school teachers & counsellors
Cultural Industries:
- recreation, sports and fitness program service directors
- managers in:
- telecommunications
- postal and courier services
- manufacturing
- utilities
- construction
- transportation
- judges, lawyers and notaries (except for foreign legal consultants)
3. Technicians
To qualify as a technician under this FTA, you must
- have, at a minimum, a 2-year post-secondary or technical degree
- have all the licensing or certification required for your job
- have a pre-arranged contractual relationship when you enter Canada (you cannot enter to look for work)
- work in an occupation classified under TEEER 2 or 3 of the NOC listed below
The list of eligible occupations is identical to the FTA with Colombia.
There is the same definition for Intra-company transferees, traders and investors like the Peru FTA
4. Spouses and Common-law partners
If you are arriving in Canada under this or the Columbia FTA, your spouse or common-law partner is eligible to obtain an open work permit (OWP). This permit will enable them to work for nearly any employer in Canada. Typically, their OWP will expire concurrently with your work permit. It is important to note that spouses and partners of business visitors do not qualify for an OWP.
Chile-Canada Free Trade Agreement
The Canada-Chile Free Trade Agreement (FTA) facilitates the temporary entry of specific categories of skilled business professionals into Canada and Chile. If you are entering under this FTA, your employer will not be required to obtain a labour market impact assessment (LMIA) prior to your authorization to work in Canada.
1. Business visitors
The same definition is valid here: business visitors are taking part in business activities however, not entering the Canadian labor market.
2. Professionals
To enter Canada as a professional, you must
- meet the educational requirements for your contracted position
- have all the licensing and certification required for the job
- have a pre-arranged contract when you enter Canada (you cannot enter to look for work)
Eligible professions:
General:
- accountant
- architect
- computer systems analyst
- disaster relief insurance claims adjuster
- economist
- engineer
- forester
- graphic designer
- hotel manager
- industrial designer
- interior designer
- land surveyor
- landscape architect
- lawyer (including notary in the province of Quebec)
- librarian
- management consultant
- mathematician (including statistician and actuary)
- range manager or range conservationist
- research assistant (working in a post-secondary institution)
- scientific technician or technologist
- social worker
- silviculturist (including forestry specialist)
- technical publications writer
- urban planner (including geographer)
- vocational counsellor
Medical:
- dentist
- dietitian
- medical laboratory technologist
- nutritionist
- occupational therapist
- pharmacist
- physician (teaching or research only)
- physiotherapist/physical therapist
- psychologist
- recreational therapist
- registered nurse
- veterinarian
Scientist:
- agriculturist (including agronomist)
- animal breeder
- animal scientist
- apiculturist
- astronomer
- biochemist
- biologist
- chemist
- dairy scientist
- entomologist
- epidemiologist
- geneticist
- geologist
- geochemist
- geophysicist
- horticulturist
- meteorologist
- pharmacologist
- physicist (including oceanographer)
- plant breeder
- poultry scientist
- soil scientist
- zoologist
Teachers:
- colleges
- seminaries
- universities
In addition, young Chileans might be eligible to enter the Canadian labor market under the International Mobility Program. For more information, contact us today.