Are NAFTA work permits at risk?

author avatar
Stephen Sherman
Published: August 30, 2018

A cornerstone of U.S. President Donald Trump’s economic policies was his pledge to re-negotiate the North American Free Trade Agreement, or NAFTA, which he has consistently referred to as “one of the worst trade deals in history.”

With NAFTA renegotiations having now produced the makings of a bilateral deal between the U.S. and Mexico, the demise of NAFTA itself has become a suddenly real prospect this week.

Canada is now back at the negotiating table, and there is hope a deal can be reached to save NAFTA, but there are growing concerns for what its possible end could mean to the many American and Mexican citizens currently working in Canada on a NAFTA professional work permit.

The NAFTA professional work permit is a facilitated work permit for U.S., Mexican and Canadian nationals practising one of the approximately 60 targeted professions included in the NAFTA professionals occupation list.

The principal benefit of the NAFTA work permit is that it exempts the Canadian employer from the obligation of applying for a Labor Market Impact Assessment (LMIA) prior to the work permit being granted. This is typically the most difficult part of the work permit application process as it requires employers to demonstrate to the Government of Canada that they tried to hire a Canadian for the job but were unable to do so.

For U.S. and Mexican citizens currently working in Canada on a NAFTA work permit, the good news is it seems they can rest easy with respect to their work authorization no matter what happens to NAFTA.

Canadian immigration authorities have indicated that people working in Canada on a NAFTA professional work permit will be allowed to stay until their permit expires, regardless of the outcome of this week’s negotiations. If Trump’s bluster is to be believed and the agreement is ultimately cancelled, it does not appear that work permits that have already been granted under NAFTA will share the same fate.

If NAFTA is abolished, there will be a six month termination period during which time Canada will continue issuing NAFTA permits.

Although workers currently working under NAFTA might not have to worry about their work permit authorization being annulled, the process of renewing their work permit will become more difficult if NAFTA is dismantled. In order to do so, a LMIA would be required and employers are often not willing to go through this process due to the effort and financial burden it entails.

In the event of NAFTA’s demise, workers who wish to continue residing in Canada after their NAFTA permit expires have a number of permanent residency options that they could consider, from Express Entry to Canada’s various Provincial Nominee Programs.

If you have a work permit inquiry, please send a detailed email to wp@canadavisa.com.

To find out if you are eligible for any Canadian immigration programs, fill out a free assessment.

© 2018 CICNews All rights Reserved

Share this article
Share your voice
Did you find this article helpful?
Thank you for your feedback.
Subscribe to our newsletter
Did you find this article helpful?
Please provide a response
Thank you for your helpful feedback
Please contact us if you would like to share additional feedback, have a question, or would like Canadian immigration assistance.
  • Do you need Canadian immigration assistance? Contact the Contact Cohen Immigration Law firm by completing our form
  • Send us your feedback or your non-legal assistance questions by emailing us at media@canadavisa.com
Related articles
Temporary residence wait times fall in latest IRCC processing update
Canada's immigration department released updated processing times for temporary residence applications.
Processing time for in-Canada work permits falls to lowest this year
Canada's immigration department has released updated processing times for temporary residence applications.
Provincial nominees receive invitations in first Express Entry draw since May
A picture of Helmcken Falls in British Columbia
These temporary residence applicants are seeing shorter wait times
Canada's immigration department has released updated temporary residence processing times.
Top Stories
Understanding Canada’s Healthcare System: What Newcomers Need to Know
Temporary residence wait times fall in latest IRCC processing update
How Canada’s citizenship by descent law helped one footballer make Canada’s FIFA World Cup squad
Join our free newsletter. Get Canada's top immigration stories delivered to your inbox.
Subscribe
More in Citizenship
How Canada’s citizenship by descent law helped one footballer make Canada’s FIFA World Cup squad
Defender Alfie Jones became a Canadian citizen through his grandmother, who was born in Alberta
Millions of Americans have two independence days this year. Most don’t know it
A busy desk with a Canadian and American passport, and a calendar marking both the Canadian and American independence days.
IRCC claims only 1% of citizenship by descent applicants impacted, in first official statement on certificate surrenders
IRCC explains what prompted citizenship certificate reviews
A 1947 law cut Americans’ ancestors out of Canada. A new law just made their descendants citizens again
A picture of a family photo on top of a citizenship certificate and next to a binder filled with family documents.
Link copied to clipboard