GATS
General Agreement on Trade in Services
The General Agreement on Trade in Services (GATS) is a World Trade Organization (WTO) treaty that enables qualified professionals from member countries to temporarily work in Canada without the need for a Labour Market Impact Assessment (LMIA). This agreement streamlines the entry process for business visitors, intra-company transferees, and certain professionals, promoting international trade in services.
General Agreement on Trade in Services
Understanding GATS and Its Application in Canada
Implemented in 1995, GATS aims to create a reliable and predictable system of international rules for trade in services, facilitating the progressive liberalization of services markets. Under GATS, Canada has committed to facilitating the temporary entry of specific categories of business persons, including business visitors, intra-company transferees, and professionals, thereby promoting the mobility of skilled professionals across borders.
Categories of Business Persons Under GATS:
Business Visitors:
- Individuals engaging in business activities without directly entering the Canadian labor market.
- Activities may include attending meetings, conferences, or consultations.
- No work permit is required for business visitors under GATS.
Intra-Company Transferees:
- Employees of multinational companies transferred to a Canadian branch, subsidiary, or affiliate.
- Eligible roles include executives, managers, or specialists with advanced expertise.
- Work permits are required but exempt from LMIA under GATS provisions.
Professionals:
- Individuals seeking to provide services in Canada as part of a contract obtained by a company in another member nation.
- Must engage in activities at a professional level in designated professions.
- Requires necessary academic credentials and professional qualifications recognized by the relevant Canadian professional association.
- Work permits are required and issued under specific GATS provisions.
Eligibility Criteria for GATS Professionals:
To qualify as a GATS professional, applicants must:
Possess a Valid Contract:
- Hold a services contract from a company in another WTO member nation to provide professional-level services in Canada.
Belong to a Designated Profession:
- Engage in a profession listed under Canada’s GATS commitments.
Hold Recognized Qualifications:
- Have the necessary academic credentials and professional qualifications recognized by the appropriate Canadian professional association.
Meet Temporary Entry Requirements:
- Intend to stay in Canada temporarily for the duration of the service contract.
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Application Process for GATS Professionals:
Secure a Services Contract:
- Obtain a contract from a company in another WTO member nation to provide professional services in Canada.
Verify Professional Qualifications:
- Ensure that your academic credentials and professional qualifications are recognized by the relevant Canadian professional association.
Apply for a Work Permit:
- Submit a work permit application under the GATS provisions, including all necessary documentation such as proof of contract, qualifications, and recognition by the professional association.
Await Processing:
- Work permit applications under GATS are typically processed within standard processing times, subject to the completeness and accuracy of the submitted documentation.
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