Canadian Immigration Xperts

Do I qualify to apply under NAFTA?

The North American Free Trade Agreement (NAFTA) can facilitate the immigration of certain foreign workers who are also citizens of either the United States or of Mexico. The benefits of applying under NAFTA include exemptions for some steps of the process but do not replace the general provisions contained in the Immigration and Refugee Protection Act (IRPA).

There are four requirements the foreign worker must have present in order to be eligible for temporary entry to Canada under NAFTA.   Firstly, you must have either American or Mexican citizenship. It is also important to note however that you cannot qualify if: 

• You are a permanent resident of the United States or Mexico but also a citizen of a non-NAFTA country;
• You are working in the United States or Mexico on an work permit but are also a citizen of a non-NAFTA country (in this case, you may still apply to Canada under normal procedures for a temporary foreign worker);

Secondly, you must qualify for one of the four following categories of the business class: business visitors, professionals, intra-company transferees or traders and investors. Please see the menu on the left hand side for more information on these classifications.

Thirdly, when applying under NAFTA, you must be seeking temporary entry only. You must have no intention of staying in Canada permanently.

Lastly, the universal immigration requirements and regulations are still in effect when applying under NAFTA and you must satisfy their standards. NAFTA does not replace the general rules for foreign worker applications so the same examinations apply. For example, certain existing medical conditions or a criminal record may stop you from receiving approval on your application.