Canada Korea Free Trade Agreement

A key benefit of the CKFTA is that prospective foreign workers who apply for work permits under it do not require a Labour Market Impact Assessment (“LMIA“). 

Temporary-entry provisions in the Canada-Korea Free Trade Agreement address barriers that business persons face at the border, particularly by eliminating the need to obtain a labour market opinion and/or economic needs test. The Agreement establishes preferential access to our respective markets and facilitate greater transparency and predictability for the movement of business persons between Canada and South Korea. The Agreement’s temporary-entry provisions complement commitments taken in the area of services, investment, goods and government procurement.

According to the CKFTA, the following activities are acceptable for business visitors, in addition to the general business visitor provisions under Canadian immigration legislation:

Research and Design:

• Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in Canada.

Growth, Manufacture, and Production:

• Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada.

Marketing:

• Market  researchers and analysts conducting independent research or analysis or  research or analysis for an enterprise located in Canada.
• Trade-fair and promotional personnel attending a trade convention.

Sales:

• Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in Canada but not delivering goods or providing services.
• Buyers purchasing for an enterprise located in Canada.

Distribution:

• Transportation operators transporting goods or passengers to Canada from Korea or loading  and transporting goods or passengers from Korea, with no unloading in that territory, to the territory of the other Party;

After-Sales or After-Lease Services:

• Installers, repair and maintenance personnel, and supervisors, possessing specialized  knowledge essential to a seller’s contractual obligation, performing  services or training workers to perform services.

INTRA-COMPANY TRANSFEREE:

The CKFTA, further states that as long as the business person employed by the enterprise or a subsidiary or affiliate of that enterprise, or a branch thereof, is a professional, a manager, an executive, or a specialist on professional development, Canada will grant temporary entry and provide a work permit or visa to him or her. Providing that the business individual meets all existing immigration requirements for temporary entry, the business person will be granted temporary entry under existing immigration measures. In order to qualify for admission, the beneficiary must have been employed continuously by the enterprise for one year within the three-year period immediately preceding the date of application.

The CKFTA allows companies to transfer "management trainees on professional development" ("Management Trainees"). Management Trainees are employees with a Bachelor's degree or a Baccalaureate's degree, as well as a license relevant to intra-company activities. They are on a temporary assignment intended to help them broaden their knowledge or gain experience in a company, in preparation for a senior leadership position.

PROFESSIONALS:

According to the CKFTA, upon presentation of a work permit or visa, each Party will grant temporary entry to a businessperson who is a professional seeking to engage in a business activity at a professional level, in one of the professions listed in Appendix 12-A-2, if the person otherwise complies with existing immigration measures applicable to temporary entry. Proof of citizenship in accordance with CKFTA and Documentation demonstrating the business person is seeking to enter into a contract to provide prearranged professional services, either as a contract service supplier or as an independent professional, in the field for which they are qualified are required