Post-Brexit impact on CETA mobility
The Canada-European Union Comprehensive Economic Trade Agreement (“CETA”) includes mobility provisions between Canada and European Union (“EU”) member states, providing a useful route for investors, contractual service providers, independent professionals, intra-company transferees, and business visitors to obtain authorization to carry out work activities in Canada.
Given the United Kingdom (“UK”) officially left the EU on Friday, January 31, 2020, are UK citizens still able to make use of CETA for work in Canada?
Transition period
Fortunately, no major changes immediately took place since the UK’s “Brexit” from the EU. The EU and UK were able to negotiate a Withdrawal Agreement that was signed on January 24, 2020 and formally approved on January 30, 2020. Accordingly, the UK has entered a transition period for approximately 11 months, at least until Dec 31, 2020, with possible extension.
During this transition period, the UK will have time to discuss the terms of its longer-term relationship with the EU, while otherwise benefiting from largely the same status. In particular, Canada has agreed that the UK can continue to be party to international treaties between the EU and Canada, including CETA.
Consequently, UK citizens should be able to continue to benefit from CETA’s mobility provisions to gain work authorization in Canada throughout the transition period.
Post-transition period
Once the transition period ends and the UK is no longer considered party to CETA, Canada and the UK would have to directly negotiate a bilateral agreement. Therefore, mobility options beyond the transition period are not yet clear.
However, for those who were considering CETA’s intra-company transferee provisions, there may still be opportunity under Canada’s general intra-company transferee category based on paragraph 205(a) of the Immigration and Refugee Protection Regulations. Similarly, individuals who were considering applying for a work permit on the basis of other CETA provisions may have options through the Temporary Foreign Worker Program’s Labour Market Impact Assessment (“LMIA”) process, or other LMIA-exempt work permit categories.
Our immigration group would be pleased to help you better understand your post-Brexit options to work in Canada as a citizen of the United Kingdom.
This update is intended for general information only. If you have questions about the above, please contact a member of our Immigration group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Stewart McKelvey is pleased to present Energy Watch – a review of key legislative and policy advancements in the renewable energy sector in 2023 in each of Newfoundland and Labrador, Nova Scotia and New Brunswick…
Read MoreWe are pleased to present Beyond the border: A year end immigration wrap-up. Compiled by Lawyers from our Immigration team, this 2023 update covers topics including the Government of Canada’s ambitious immigration plans for the future;…
Read MoreBy Perlene Morrison, K.C., Hilary Newman & Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals…
Read MoreBy Dave Randell, John Samms & Jayna Green A recent Government of Newfoundland and Labrador (“GNL”) announcement affirms the Province’s swift and ambitious approach to offshore wind development. While it may come as a shock…
Read MoreBy Sadira Jan, Dave Randell, Graham Haynes & Tyler Callahan On November 30, 2023, the Federal Government tabled Bill C-59, entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament…
Read MoreBy Brendan Sheridan The Government of Canada has continued their whirlwind year of immigration program announcements by revealing their plan to modernize and improve the country’s immigration system. This plan, known as “An Immigration System…
Read MoreBy Christine Pound, ICD.D, Rebecca Saturley, & Daniel Roth Canada’s anti-modern slavery legislation comes into force on January 1, 2024. To prepare for the first reporting deadline on May 31, 2024, organizations need to determine…
Read MoreBy Brian Johnston, K.C. and Richard Jordan On November 9, 2023, Minister of Labour, Seamus O’Regan, introduced Bill C-58 in the House of Commons to amend the Canada Labour Code to prohibit the use of…
Read MoreBy Kevin Landry & Eryka Gregory The Retail Payment Activities Regulations (“Regulations”) under the Retail Payment Activities Act (“RPAA”) were finalized and published in the Canada Gazette Part II on November 23, 2023. The RPAA was…
Read MoreBy Level Chan When proclaimed in force, the Nova Scotia Private Sector Pension Plan Transfer Act (the “Transfer Act”) enacted by Bill 339, Financial Measures (Fall 2023) Act will allow the transfer of private sector…
Read More