Canada Immigration Traders

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Requirements to Trader Visitors

To qualify as a NAFTA/CCFTA Trader Visitor the following conditions have to be met by individual and/or business he/she represents:

applicant has American, Mexican or Chilean citizenship;
enterprise has American, Mexican or Chilean nationality;
activities involve substantial trade in goods or services;
trade is principally between either the United States/Mexico/Chile and Canada;
position is supervisory or executive, or involves essential skills; and
compliance with existing immigration requirements for temporary entry.

Criteria to be met

Applicant:

The applicant must be an American, Mexican or Chilean citizen and the enterprise or firm to which the applicant is coming has American, Mexican or Chilean nationality.
The applicant may be trading on his/her own behalf or as agent of a person or an organization engaged in trade principally between Canada and either United States, Mexico or Chile.

Note: American, Mexican or Chilean nationality means that the individual or corporate persons who own at least 50% interest (directly or by stock) in the entity established in Canada must hold American, Mexican or Chilean citizenship.

In parent subsidiary situations, the nationality of the corporate entity established in Canada should be looked at.
A letter attesting to ownership from a corporate secretary or a company lawyer may be used in determining nationality.
The place of incorporation of an enterprise is not an indicator of nationality. Nationality is indicated by ownership.

"Trade" means the exchange, purchase, or sale of goods/or services. Goods are tangible commodities or merchandise having intrinsic value, excluding money, securities, and negotiable instruments. Services are economic activities whose outputs are other than tangible goods. Such activities include, but are not limited to, international banking, insurance, transportation, communications , advertising, accounting, design and engineering, management consulting and tourism.

"Substantial trade" is determined by the volume of trade conducted as well as the monetary value of the transactions.

Supervisory or executive element of the position must be a principal function. A supervisor is a manager who primarily responsible for directing, controlling and guiding subordinate employees and who does not routinely engage in hands on activities. An executive is in a primary position in the organization with significant policy authority.

Essential skills or services are special qualifications that are vital to the effectiveness of the firm's Canadian operations. Generally essential skills are possessed by specialists, not ordinary skilled workers. The essential employee is not required to have been previously employed by the American, Mexican or Chilean enterprise unless the skill required can only be obtained through working for that enterprise.

Criteria to be met to bring employee in trader status (Employer). To bring an employee to Canada in Trader status, the nationality requirement must be met:

the prospective employer in Canada must be a citizen of the United States, Mexico or Chile who is maintaining Trader status in Canada; or
if the prospective employer is a corporation or other business organization, the majority ownership must be held by citizens of the United States, Mexico or Chile, who if not residing in the United States, Mexico or Chile are maintaining Trader status in Canada.

Criteria to be met to bring employee in trader status (Employee). The applicant must be an American, Mexican or Chilean citizen whose job duties will be in a supervisory or executive capacity or whose skills are essential to the efficient operation of the enterprise in Canada.

Duration

The initial employment authorization could be given for a maximum duration of one year. Extensions should be granted for a duration of 2 years, provided that all requirements described above continue to be met. Trader status would end upon taking another job, engaging in an activity which is not consistent with this status, closing down the business, etc.

Distinction between NAFTA and CCFTA

Unlike NAFTA which is a tri partite agreement among Canada, Mexico and the United States, the CCFTA is a bi lateral agreement between Canada and Chile only. Even though much of the CCFTA is modeled after NAFTA, the CCFTA is not binding upon the United States or Mexico. Thus, citizens of Chile should not presume that any of the rights and privileges granted to them under the CCFTA will apply with respect to the United States or Mexico. Similarly, citizens of the United States and Mexico should not presume that any of the rights and privileges granted to them under NAFTA will apply with respect to Chile.