Nafta And Gats Intra-Company Transfers

Toronto Immigration Lawyers Advising Employers on NAFTA and GATS Intra-Company Transfers 

At Sultan Lawyers in Toronto, our knowledgeable team of workplace immigration lawyers provide fast and effective assistance to Canadian and global companies to guarantee they have the personnel needed to support their business growth.

We regularly advise both Canadian and international employers with a Canadian presence on a wide range of matters related to the efficient transfer of employees into and across Canada. We provide strategic, proactive, and effective advice and risk management, whether it is related to international agreements, including NAFTA and GATS, or other agreements. We know that getting the proper individuals to where they are needed is critical and we work hard to ensure that happens every time, on time.

Employee Entry into Canada Under NAFTA

The North American Free Trade Agreement provides legal mechanisms for the movement of selected categories of temporary workers into NAFTA countries. Chapter 16 aids in the temporary entry of Canadian, U.S., and Mexican citizens into those respective countries where their movement is related to investment, or the trade of goods and services.  These include:

• Business visitors;
• Professionals;
• Intra-company transferees; and
• Traders and investors.

NAFTA removes the need for a Labour Market Impact Assessment (LMIA) for business people who fall under the Agreement and removes the need for a work permit. NAFTA also expedites the application process for professionals and intra-company transferees. NAFTA does not assist a permanent transfer of employees to Canada.

Companies seeking to bring in temporary workers from NAFTA countries can either do so under Chapter 16 of NAFTA, or under the general provisions that apply to all foreign workers, depending on the nature of the work to be done.

Movement of workers under NAFTA requires careful guidance from an experienced employment lawyer who can advise on potential areas of risk and provide information on the best course of action for each employer, given their specific circumstances and overall business objectives.

Employee Entry into Canada Under GATS

The General Agreement on Trade in Services (GATS) allows for the temporary entry of business people into Canada.  Under GATS, Canadian companies can bring three types of individuals into the country:

• Business visitors;
• Intra-company transferees; and
• Professionals.

There are specific rules that govern the movement of such individuals, and a company seeking to bring in any of the above categories of workers should only do so with the guidance of a knowledgeable workplace immigration lawyer.

Sultan Lawyers: Advising Employers on Movement of Temporary Workers under International Agreements 

The Toronto workplace immigration lawyers at Sultan Lawyers regularly advise Canadian and global employer clients across various sectors on the movement of employees under NAFTA, GATS, and other international agreements. We offer flat rate consultations, specifically designed to provide our clients with the information and tools they need to manage their issue and keep business moving. Contact us online or at 416-214-5111 for a consultation.