The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is an international trade agreement that includes provisions for the temporary entry of certain business persons.
Under Canada’s International Mobility Program (IMP), qualifying professionals and technicians may apply for an employer-specific work permit without a Labour Market Impact Assessment (LMIA). The applicable authority is IRPR paragraph 204(a), and the exemption code for professionals and technicians is T52.
An LMIA exemption does not mean that the application is automatic or that a Canadian job offer is unnecessary.
Which Countries Are Eligible?
For the Professionals and Technicians category, IRCC currently identifies Australia—including Australian permanent residents—Brunei, Chile, Japan, Malaysia, Mexico and Peru.
The provisions do not apply equally to every CPTPP member. IRCC specifically states that the Professionals and Technicians provisions do not apply to New Zealand, Singapore or Vietnam. In addition, each participating country has its own permitted and excluded occupations. Applicants must therefore check the country-specific occupation list, not just the general CPTPP membership list. IRCC’s updated T52 instructions
Important for Korean applicants: South Korea is not a CPTPP member. Korean citizens may instead need to examine the Canada–Korea Free Trade Agreement (CKFTA) or another work-permit category.
Professional vs. Technician Requirements
A Professional normally requires:
- An eligible TEER 0 or TEER 1 occupation
- A post-secondary degree involving four or more years of study, unless a country-specific exception applies
- At least two years of paid experience in the sector
- Pre-arranged employment with a Canadian employer
A Technician normally requires:
- An eligible TEER 2 or TEER 3 occupation
- A post-secondary or technical credential of at least two years
- At least four years of paid experience in the sector
- Pre-arranged Canadian employment
The occupation must also appear in the list applicable to the applicant’s country. For example, Malaysia has a limited professional occupation list and no CPTPP technician provision for entry into Canada.
Employer and Wage Requirements
The Canadian employer must normally submit an Offer of Employment through the IRCC Employer Portal and pay the employer compliance fee. The employer must use exemption code T52 and accurately identify the NOC, duties, work location, duration and wage.
The offered remuneration should meet the applicable prevailing wage. IRCC generally assesses the higher of the regional median wage published by Job Bank or the employer’s wage range for comparable employees at the same location. Housing and travel allowances cannot be counted toward the required wage.
The initial work permit may be issued for up to one year. Extensions are possible when the continued need and eligibility are properly documented.
Can a Spouse Receive an Open Work Permit?
The CPTPP spousal exemption code is T53, but it does not apply to every T52 holder.
Under the current instructions, the spouse or common-law partner of a qualifying professional or technician may receive an open work permit where the principal applicant is a citizen of Australia, Chile, Japan or Mexico, or a permanent resident of Australia. The spouse’s permit normally matches the principal applicant’s work-permit validity.
Practical Risks Before Applying
The most common risk is assuming that a skilled job automatically qualifies. Officers examine the applicant’s citizenship, country-specific occupation list, TEER, education, paid experience, wage, licensing and ability to perform the proposed work.
The Professionals and Technicians category also does not permit Canadian self-employment. A Canadian corporation may still be treated as self-employment where it is substantially owned or controlled by the applicant.
FAQ
Q1. Does a CPTPP work permit require an LMIA?
No. A qualifying T52 application is LMIA-exempt under the International Mobility Program. However, the Canadian employer must generally submit an offer through the Employer Portal and pay the employer compliance fee.
Q2. Can every citizen of a CPTPP country apply?
No. Country coverage and eligible occupations differ. New Zealand, Singapore and Vietnam are expressly excluded from the Professionals and Technicians provisions in the current IRCC instructions.
Q3. Is the CPTPP work permit an open work permit?
No. T52 is normally an employer-specific work permit tied to the employer, occupation and work location shown in the offer. A separate permit may be required for each contract.
Notice: This article provides general information and is not legal advice. Eligibility must be assessed using the latest rules and the applicant’s individual facts.
