The “unclean hands” doctrine, or the obligation not to submit an immigration application in a misleading manner
Note that this article was published in the ...
On July 1, 2020, the CUSMA (Canada-United States-Mexico Agreement) came into effect, this being the first day of the third month after the ratification by the last member country, in this case Canada, with it having already been ratified first by Mexico and then by the United States.
Also known as the United States – Mexico – Canada Agreement or USMCA, or the new NAFTA or NAFTA 2.0, it comes to replace the North American Free Trade Agreement (NAFTA) created in 1994 and which regulates almost 500 million people living in North America. The treaty only affects citizens of these three countries and not permanent residents or other individuals within the territory.
The new NAFTA agreement leaves the provisions for work visas intact. The preservation of the visa program is important for workers in more than 60 professional categories and for employers across the continent, who will continue to have access to labor from all three countries.
The treaty facilitates temporary entry for business to citizens of the signatory countries involved in the trade of goods or services, or in investment activities, eliminating the need for a Labor Market Impact Assessment (LMIA) for all persons covered by the Agreement, as well as the need for a work permit for business visitors. Finally, it allows a more agile and shorter process for professionals and those transferred within a company. An application can be submitted at the port of entry (POE).
Business persons included in Chapter 16 of the NAFTA are grouped under four categories:
Professionals in these categories who wish to come to Canada must meet the following requirements:
The Prime Minister has stated that he considers the entry into force of the agreement beneficial and hopes that it will be part of the post-COVID-19 recovery. Likewise, he indicated that during the negotiation process all the provinces were consulted, for which he is sure will be of benefit not only for industries but for all Canadians.
For any additional questions, we invite you to contact our professionals in immigration.
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