Canada-UK TCA: Immigration and International Trade Agreements Post-Brexit Westbury Law reports

The Canada-UK Continuity Agreement (Canada-UK TCA) came in force on April 1, 2021 and preserves many of the preferential market access provisions that were offered under CETA. Update from Rachel Bunbury, Principal, Barrister & Solicitor Westbury Law.

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The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) came into effect on September 21, 2017.  Since then, Canadian and European companies have benefited from the reduction of tariffs, while having access to a broader consumer base.  Additionally, this agreement has brought positive opportunities for procurement, direct investment and increased labour mobility.  The CETA agreement facilitates the entry of business visitors, investors, contractual service suppliers, intracompany transferees, and certain professionals.  As a result, EU companies that are looking to expand into Canada are able to transfer some of their key personnel to set-up or maintain operations in Canada. As a member of the European Union, the United Kingdom (UK) was the recipient of many of the advantages of CETA.  So, when the UK announced that it was leaving the European Union, many companies were concerned about losing some of the opportunities for free trade.The United Kingdom formally withdrew from the European Union on January 31, 2020.  Commonly referred to as “Brexit”, Britain’s departure from the EU meant that they would no longer be a part of the CETA agreement.  From an immigration standpoint, there were still opportunities for companies to transfer personnel to Canada under the Immigration and Refugee Protection Act; but maintaining the overall benefits of free trade between Canada and the United Kingdom is significant.  To preserve the existing framework of CETA post-Brexit, Canada allowed work permit applications to continue to be processed under CETA up until December 31, 2020.  Canada and the United Kingdom further announced that they would adopt a new trade deal.  The Canada-UK Continuity Agreement (Canada-UK TCA) came in force on April 1, 2021 and preserves many of the preferential market access provisions that were offered under CETA.Like CETA, under the Canada-UK TCA, qualifying foreign nationals may be able to enter Canada to work without an economic-needs analysis.  In many circumstances, employers must first undergo a labour market impact assessment prior to hiring a foreign national.  However, if an applicant qualifies under the Canada-UK TCA, this process is eliminated.  This can save a company considerable time, costs and administration in transferring personnel to Canada. UK companies with Canadian operations or businesses considering expanding to Canada will continue to have a trade agreement that allows them to get their employees to Canada in a facilitative way.While Brexit produced some temporary uncertainty in terms of work permit processing for UK nationals, this new agreement will help solidify the UK as an important trading partner for Canada. For further details and advice on immigration issues see https://www.westburylaw.ca/

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