The „professionals“ category does not allow for self-employment in Canada (i.e., „post a bar“ to recruit companies into the Canadian labour market). A person wishing to be independent in Canada should consider applying in another category, such as the trader or investor. However, a U.S. or Mexican citizen who is self-employed outside of Canada is not excluded from the „professional“ category provided that the services to be provided in Canada are previously agreed with a Canadian employer. Chapter 16 simplifies licensing procedures and, in some cases, relaxes requirements for prior authorizations and work certifications for businessmen in NAFTA countries. In order to benefit from the chapter`s provisions, the entrepreneur must be a citizen of a NAFTA country and, by other means, meet the immigration requirements of the country where he will be engaged in business (for example. B public health and safety or national security requirements). The temporary entry is defined in the chapter as an entry with no intention of creating a permanent residence. Temporary entry may be denied if it may have a negative effect on the resolution of an ongoing dispute in the person`s intended workplace or on the employment of a person involved in such a dispute.
While NAFTA provides only for after-sales situations, the general R187 rule for business travellers, under which this section of NAFTA is implemented, allows individuals to participate in sales and leasing contracts. To consider an exception to the LMIA under the NAFTA trader category, a person must be a citizen of the United States or Mexico and his or her business must be American or Mexican in terms of nationality. It should be noted that the nationality of a company is indicated by the property and not by the place of creation. In addition, the distributor must prove that it is involved in the trade in essential goods or services. This trade must primarily be between the United States or Mexico and Canada. The applicant position must be based on management, supervisory or able to possess essential skills. NAFTA`s immigration provisions are of particular interest to Canadian, American and Mexican teachers who have been offered temporary internships at university, university and seminary. The aim is to provide information on the application of the NAFTA temporary accession chapter to higher education, higher education and seminary teachers. An in-house acquirer is a person who holds a management or executive position in a NAFTA company that provides services to a parent company, branch, subsidiary or subsidiary of that company in another NAFTA country. The person must have been employed in his or her business at least one of the three years prior to a temporary application. NAFTA defines „temporary entry“ as „…… without the intention of creating a permanent residence. This definition is consistent with immigration legislation.
It is customizable in individual circumstances and recognizes that the concept of temporary entry cannot be based simply on a certain time limitation. A candidate may be recognized as a trader or investor, but not both. If an applicant is unsure of their status or wishes to be considered in both cases, all sections of the application form must be completed. (For more information on the application form, see sections 5.2 and 6.2. Under NAFTA, an entrepreneur/investor is defined as an entrepreneur who wishes to do so: the other three categories of contractors are entitled to work permits via R204 (a) that exempt persons who are granted entry under an international agreement between Canada and other countries from the LMIA procedure.