Visas Y Permisos Canadienses Para Mexicanos

This memorandum has been prepared in order to give you further details on the options and main features of work permits and visas granted by Canadian Immigration authorities in Mexico.

The North American Free Trade Agreement is a reciprocal agreement between the United States, Canada and Mexico. Since its main goal is to expand trade between the signatory countries, individuals from thosethree countries must have access to each other’s territory to sell, provide goods or services or trade and invest. Therefore, the NAFTA is an instrument that facilitates the temporary entry into Canada for American and Mexican business persons and selected categories of workers. However, the NAFTA does not replace the existing general provisions for entering Canada temporarily. Instead, it is to beconsidered as an addition to the current rules to benefit Mexican citizens. Please note that NAFTA provisions apply only to temporary entry into Canada.

Mexican individuals seeking temporary entry to Canada to work

Mexican individuals do require a work permit to enter the Canadian labour force. The NAFTA facilitates the process of obtaining a work permit for those who qualify under one of thefollowing categories:

• Professionals
• Intra-company Transferees
• Traders
• Investors
For the purposes of this memorandum, taking into account your current activities in Mexico, the categories of Traders and Investors will not be considered.

Professionals (TN Visas)

A person may apply for a work permit as a NAFTA Professional if he/she meets the following conditions:

• Mustalready have received an offer of employment from a Canadian employer;
• Must be qualified to perform the duties of the position he/she has been offered;
• Such position has to be one of the 63 approved Professions, Engineers included;
It is important to note that employers of NAFTA Professionals are exempt from first seeking approval of their job offer from Human Resources and Development Canada(HRSDC). The professionals with documentation to support their application can instead apply immediately for a temporary work permit.

Applicants should be prepared to provide the following documentation in support to their work permit request:

• Proof of citizenship
• Proof of pre-arranged employment, such as a contract or job offer, which shall include:

 Name of the Canadian employer
Description of Profession
 Details of position
 Qualifications necessary

• Proof of qualification
Once a work permit has been issued it will be valid for at most one year. Extensions of one year can be sought from within Canada.

Foreign workers who are not NAFTA listed Professionals, Transferees, or Visitors, can still apply under the general guidelines for Temporary Foreign Workers. Inthat case, the Canadian employer must send an offer of employment to the HRSDC and await for a Labour Market Opinion, that approves eventually the offer. Approval is granted where it can be shown that a qualified worker is not available to take the position in Canada.

Intra-Company Transferees

Mexican individuals may apply for his work permit in advance at any Canadian Visa Office.Alternatively, he/she may apply for a permit at a Canadian Port of Entry. Also, if he/she is in Canada as a visitor, a work permit application can be filed within Canada.

Transferees should be prepared to supply the following documentation when applying:

• Proof of citizenship.
• Outline of pre-arranged position in Canada, including duration of stay and description of employment as executive orspecialized knowledge.
• Proof of relationship between Canadian and foreign employers.
• Proof of previous employment with the organization, minimum of one continuous year in the last three years and a similar position to the one being offered in Canada.
Initial work permits for Transferees will be valid for at most three years. Transferees entering Canada o open or work in a new office will be...