Obtaining a work permit in Canada usually requires undergoing the complex Labour Market Impact Assessment (LMIA) process, which is designed to prove the absence of suitable candidates among Canadian citizens or permanent residents. However, for Ukrainian citizens, there is an alternative — the possibility of obtaining a closed work permit without LMIA based on the Canada–Ukraine Free Trade Agreement (CUFTA).
This mechanism is an important tool both for continuing legal stay after the expiration of CUAET status and for obtaining additional points in the Express Entry system, significantly increasing chances for immigration.
The Essence of the CUFTA Agreement and Its Application
The Canada–Ukraine Free Trade Agreement (CUFTA) entered into force to strengthen economic cooperation between the two countries. It contains provisions allowing Ukrainian citizens to legally work in Canada without undergoing LMIA procedures, provided they meet specific requirements.
A separate category — Professionals — CUFTA [R204(a) – F72] — enables Ukrainian specialists to obtain a closed work permit based on an employment contract.
Categories of Work Permits under CUFTA for Ukrainians
According to Article 21 of the CUFTA Agreement, Ukrainian citizens can obtain work permits without LMIA in the following cases:
- Business Visitors — for participation in negotiations, consultations, research, after-sales service, and similar activities. The permitted stay is up to 180 days with the possibility of extension.
- Investors — for persons investing or managing investments in Canada in managerial or specialized positions. Permit duration is up to one year.
- Intra-Company Transfers — for employees of international companies transferred to a Canadian office or branch in managerial or specialized positions. Permit duration is up to three years with the possibility of extension.
- Professionals — for highly qualified specialists who have a signed contract with a Canadian employer and meet qualification requirements. The permit is issued for one year with the possibility of extension.
- Spouses of Primary Applicants — have the right to obtain an open work permit under similar conditions.
Conditions for Obtaining a Permit under the “Professionals” Category
To apply for a work permit under CUFTA in the Professionals category, the applicant must meet the following criteria:
- Have a valid job offer for a position classified under TEER 0 or TEER 1 (high-skilled occupations).
- Confirm post-secondary education of at least four years.
- Have a minimum of two years of professional experience in the relevant field.
- The wage level cannot be lower than the regional average for the profession.
- Proof of language proficiency is not mandatory, but the officer has the right to request a language certificate if there are doubts.
The permit is issued for one year with the possibility of extension provided the employment relationship continues and the applicant remains beneficial to Canada’s labor market.
Restrictions on the Application of CUFTA
The CUFTA Agreement does not apply to the following categories of occupations:
- Healthcare, education, and social services.
- Judges, lawyers, notaries (except international legal consultants).
- Managers of postal and courier services.
- Managers of telecommunications operations.
- Workers in the cultural sector (cinema, theater, arts).
- Recreation, sports, and fitness program managers.
Connection Between CUFTA Permit and the Express Entry System
A closed work permit issued under CUFTA can be a significant advantage for candidates in the Express Entry system. Provided the requirements are met, it is possible to receive:
- 50 additional points for a job offer in TEER 0–3 categories.
- 200 additional points for executive-level positions in TEER 0.
The following conditions must be met:
- A valid full-time job offer lasting at least one year after obtaining permanent resident status.
- The work permit must be tied to the specific employer listed in the permit, and the applicant must work for this employer in the offered position.
- The permit must be issued under CUFTA, which exempts the applicant from the LMIA requirement.
Thus, CUFTA allows bypassing the complex LMIA process while retaining the right to receive additional CRS points.
Practical Recommendations
CUFTA may be particularly useful for:
- Ukrainians working in Canada under CUAET permits nearing expiration.
- Specialists with a high level of English or French who meet education and work experience requirements.
- Candidates with high CRS scores who lack only 50 or 200 points to receive an invitation.
Before applying, it is necessary to:
- Verify the occupation’s classification under TEER.
- Prepare proof of education and work experience.
- Ensure the job offer meets CUFTA requirements.
Conclusions
The CUFTA Agreement is a unique mechanism for Ukrainian citizens that:
- Allows obtaining a closed work permit without LMIA.
- Facilitates continued legal stay in Canada after the expiration of CUAET.
- Provides significant additional points in the Express Entry system to improve chances of obtaining permanent resident status.
At the same time, it is important to consider occupational restrictions, qualification requirements, and the need to prepare a complete document package to avoid mistakes during the application process.
