Skip to content

Post-Brexit impact on CETA mobility

Kathleen Leighton

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.

SHARE

Archive

Search Archive


Generic filters

 
 

Entry of business persons to Canada under CUSMA

July 3, 2020

Effective July 1, 2020, the North American Free Trade Agreement (“NAFTA”) was officially replaced by the Canada-United States-Mexico Agreement (“CUSMA”). Like NAFTA, CUSMA contains provisions for the temporary entry of foreign “business persons” to Canada…

Read More

The Supreme Court of Canada paves the way for class action lawsuit against Uber

June 26, 2020

Killian McParland and Jennifer Thompson In a decision released earlier today, Uber Technologies Inc. v. Heller¹, the Supreme Court of Canada determined that an agreement requiring Uber drivers to go to arbitration instead of suing…

Read More

COVID-19 immigration update

June 24, 2020

*Last updated: June 24, 2020 (Originally published April 1, 2020) Kathleen Leighton Due to the COVID-19 pandemic, there are various implications for the immigration world, including for those already in Canada, as well as those…

Read More

Bringing Corporate Governance Online: Can Atlantic Canadian private issuers leverage tech solutions while complying with provincial corporate statutes? Part 2: Electronically-signed share certificates

June 22, 2020

Stephanie Stapleford, Mike Carver, Matthew Craig, Kimberly MacLachlan and Christine Pound Part 2: Electronically-Signed Share Certificates The COVID-19 crisis, and federal, provincial and local government directives for individuals to continue complying with social distancing policies…

Read More

I am Terribly Vexed – Vexatious Litigants in Penney v. Newfoundland and Labrador, 2020 NLSC 46

June 22, 2020

Joe Thorne and Kara Harrington Vexatious litigants are a category of persons who misuse the court process through repeated improper, abusive, and/or meritless proceedings. Vexatious litigants may take many forms, but ultimately they are a…

Read More

Discovery: Atlantic Education & the Law – Issue 06

June 18, 2020

We are pleased to present the sixth issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. During these unprecedented times, universities and colleges are encountering unique challenges of working…

Read More

Temporary lay off timeline extended to 26 weeks from 13… temporarily

June 15, 2020

Twila Reid and John Samms On Friday, June 12, 2020, the Government of Newfoundland and Labrador announced it has extended the time period under section 50 of the Labour Standards Act (“the Act”) that converts…

Read More

Travelling to visit a cottage or summer home in Canada during COVID-19

June 15, 2020

  Kathleen Leighton Those who have vacation homes or cottages in Canada may be starting to form their summer plans as temperatures begin to rise. However, the ongoing pandemic has resulted in a host of…

Read More

Taking stock: Quick reference guide for government initiatives

June 5, 2020

*Flowchart below last updated June 2, 2020 (Originally published April 14, 2020) Dante Manna With the passing of Bill C-14, the COVID-19 Emergency Response Act, No. 2 on April 11, 2020, the federal government has…

Read More

Proposed extension of time limits under various legislation may create significant disruption to foreign investments

May 29, 2020

Burtley Francis Recently, the Government published for public comment draft legislation referred to as the Time Limits and Other Periods Act (COVID-19). The underlying purpose of the draft legislation, which was published on May 20,…

Read More

Search Archive


Generic filters

Scroll To Top