Foreign professionals applying for an LMIA-exempt work permit in Canada under a global trade-in-services agreement now have clearer rules to follow, after Immigration, Refugees and Citizenship Canada (IRCC) updated its guidance for officers.

These new rules apply to professionals seeking entry under the General Agreement on Trade in Services (GATS), a World Trade Organization (WTO) agreement that allows the temporary entry of certain foreign professionals into Canada.

Updated guidance clarifies supporting documentation, eligible contracts, and other important details for applicants and employers under the professionals stream of the GATS.

The GATS Professionals stream allows a defined list of foreign professionals to work in Canada for up to 90 days within a 12-month period, to fulfill trade-in services.

Wider list of eligible permanent residents

The previous guidance allowed only permanent residents of Australia and New Zealand to apply, alongside citizens of WTO member nations. Currently, the WTO has 166 member nations.

The new guidance adds two more: permanent residents of Armenia and Switzerland.

Permanent residents of any of these four countries can now apply, as long as they also meet the other eligibility criteria.

Clearer expectations for supporting documents

The previous list of needed supporting documentation for applicants was short.

Applicants needed proof of citizenship or permanent residence (PR) status, a copy of their signed service contract, evidence of their qualifications, a job description, and any required license or recognition from a professional body.

The new guidance keeps those requirements and adds a longer list of supporting evidence that applicants should expect to provide. This includes:

• Reference letters;
• A letter of support from the company;
• A job description outlining the level of training required;
• Years of experience in the field;
• Degrees or certifications obtained in the field;
• A list of publications and awards, where applicable;
• A detailed description of the work to be performed in Canada; and
• An offer of employment submitted through IRCC’s Employer Portal.

For employers, the most important procedural point is the Employer Portal requirement. Where IRCC has authorized it, the IMM 5802 form may be used instead.