If you’re a UK citizen who has been offered a consulting, engineering or IT contract with a Canadian company, you may be closer to a work permit than you think. Canada’s trade agreement with the United Kingdom includes two categories built for exactly this situation: contractual service suppliers and independent professionals. Both lead to a Canada work permit for UK professionals that doesn’t require a Labour Market Impact Assessment (LMIA), the labour-market test many other employer-specific work permits need.
The rules are more specific than they first appear. Here’s how they work, based on Immigration, Refugees and Citizenship Canada’s (IRCC) current instructions to officers.
What is CUKTCA?
The Agreement on Trade Continuity between Canada and the United Kingdom (CUKTCA) took effect on April 1, 2021. According to IRCC’s CUKTCA overview, it is modelled on the Canada–European Union Comprehensive Economic and Trade Agreement (CETA) and makes temporary entry easier for UK citizens involved in trade in goods, services and investment.
Work permits under CUKTCA fall under the International Mobility Program (IMP) and are assessed under paragraph 204(a) of the Immigration and Refugee Protection Regulations, which covers work under international agreements. This post focuses on its two contract-based categories.
Contractual service suppliers vs. independent professionals
Both involve supplying a service to a Canadian client under a contract. The difference is who holds the contract and who pays you.
A contractual service supplier is an employee of a UK enterprise that has a service contract with a Canadian client. IRCC’s example is a software engineer employed by a UK engineering firm who provides services to a Canadian high-tech company.
An independent professional is self-employed and holds the service contract directly with the Canadian client. IRCC’s example is a self-employed British management consultant engaged by a Canadian technology company.
Who qualifies for a Canada work permit for UK professionals under CUKTCA
Requirements for both categories
Under IRCC’s instructions, you must:
- be a citizen of the United Kingdom;
- be contracted to provide a service in one of the sectors covered by the agreement;
- hold a university degree or a qualification demonstrating knowledge at an equivalent level, plus any professional qualification required by the province or territory where you’ll work; and
- supply the service temporarily, for no more than 12 months in any 24-month period.
Certain engineering and scientific technologists can qualify without a degree under a separate CUKTCA provision.
Additional requirements for contractual service suppliers
- You must have been employed by the UK enterprise for at least one year immediately before applying.
- You must have at least three years of professional experience in the sector.
- All of your pay must come from your UK employer. You can’t receive pay for the Canadian work from anyone else.
- The UK enterprise can’t have an establishment in Canada.
Additional requirements for independent professionals
- You must be established as self-employed or as a sole proprietor in the UK, with no establishment in Canada.
- You must have a direct contract with the Canadian client.
- You must have at least six years of professional experience in the sector.
The burden of proof sits with you: IRCC expects applicants to demonstrate that they meet every requirement.
Your work experience must be well documented
Both categories set a minimum amount of professional experience, and in both, that experience needs to be clearly documented. A contractual service supplier must show at least three years of professional experience in the sector, plus at least one year of employment with the UK enterprise immediately before applying. An independent professional must show at least six years of professional experience in the sector. In each case, IRCC measures the experience as of the date you apply, and it has to be in the same sector as the service you’ll supply in Canada.
Stating your years of experience on a form isn’t enough on its own. The officer needs evidence that shows when you did the work, what the work involved and that it was at a professional level. For employees, that usually means reference letters on company letterhead with your job title, dates of employment, hours and main duties, supported by documents such as employment contracts or payslips. Self-employed professionals usually need a different kind of record, such as past client contracts, invoices, business registration and tax filings, to show continuous professional activity over the full six years.
Gaps, vague job descriptions or experience in a related but different field can leave an officer unable to confirm that you meet the minimum. Without clear documentation of your experience, an application in either category faces a real risk of refusal, even when the underlying experience is genuine.
Which professions are covered?
The covered sectors come from Annex 10-E of CETA, and IRCC publishes a table matching those sectors to Canadian occupations. Not every sector is open to both categories.
Sectors open to both contractual service suppliers and independent professionals include engineering, computer and related services, architecture, urban planning and landscape architecture, management consulting, research and development, market research, translation and interpretation, and advisory or consulting work in fields such as mining, insurance and manufacturing.
Some sectors are limited to contractual service suppliers, including accounting, taxation advisory, advertising, technical testing and analysis, construction and related engineering, environmental services, and the maintenance and repair of vehicles, aircraft and equipment.
Your role in Canada also has to match the sector at a professional level. IRCC’s example is an accountant, who must seek entry as an accountant rather than as a bookkeeper. If the profession is regulated in the province, you must hold, or be able to obtain, the required licence.
The 12-month limit on a Canada work permit for UK professionals
Your time under these categories is capped at a cumulative 12 months in any 24-month period, or the length of the contract if that’s shorter. Once you reach 12 months within a 24-month window, you can’t get more time under this category until the window has passed, even with a different Canadian client.
Only time you spend physically working in Canada counts toward the cap. If you work part of a project remotely from the UK, those days aren’t counted. You can work on more than one contract, but each one needs its own work permit. Extensions are possible only up to 12 months from the start of your first work permit, within the same 24-month period.
These categories don’t allow you to set up as self-employed in Canada. Your work must be arranged in advance with a Canadian client.
[JOHN: Add a short, anonymized example of how you’ve helped a UK client plan their days in Canada around the 12-in-24 cap, or a case where the cap was misunderstood.]
How the application works
Because this is an IMP work permit, the Canadian client generally submits an offer of employment through IRCC’s Employer Portal and pays the $230 employer compliance fee, unless an exemption applies. They give you the offer of employment number, which you need for your work permit application. IRCC’s instructions note that no mandatory wage assessment applies under these categories, although officers can consider wages as one indicator.
On your side, the work permit fee is $155, plus $85 for biometrics if they’re required, according to IRCC’s fee list. British citizens are visa-exempt and need an electronic travel authorization (eTA) to fly to Canada, and as visa-exempt IMP applicants they can generally apply for the work permit at a port of entry. Our post on Applying for a Work Permit at Port of Entry covers what to bring if you go that route.
Expect to provide proof of UK citizenship, the signed service contract between the UK provider and the Canadian client, details of the work, evidence of your qualifications and experience, and the offer of employment.
[JOHN: Name a document UK contractors often forget or prepare poorly, for example experience letters that don’t cover the full three or six years, or self-employed records with gaps. One or two sentences from your experience.]
Points to check before you apply
Most of the issues I’d watch for come straight from the requirements above, and many can be addressed at the planning stage:
- the contract is with a Canadian company that also pays the worker directly, rather than through the UK employer;
- the UK enterprise has a Canadian office or subsidiary;
- the role in Canada doesn’t match a covered sector at the professional level;
- the applicant can’t show the required years of experience or the required licence; or
- earlier time in Canada under the category wasn’t tracked, and the request exceeds the 12-month cap.
[JOHN: Describe a common mistake you see with UK contractors or their Canadian clients, in one or two sentences from your own experience.]
If these categories don’t fit, other routes such as intra-company transfers may: [LINK: LMIA-exempt work permits page].
Frequently asked questions
Do UK citizens need an LMIA to work in Canada on a contract?
Not if they qualify as contractual service suppliers or independent professionals under CUKTCA. These are LMIA-exempt work permits under the International Mobility Program. The Canadian client generally still submits an offer of employment through IRCC’s Employer Portal and pays the employer compliance fee unless exempt.
How long can a UK professional work in Canada under CUKTCA?
Up to a cumulative 12 months in any 24-month period, or the length of the contract if shorter. Only time spent physically working in Canada counts toward the cap.
Do I need a university degree?
Generally, yes, or a qualification demonstrating knowledge at an equivalent level, plus any professional licence the province or territory requires. Certain engineering and scientific technologists can qualify without a degree under a separate CUKTCA provision.
What is the difference between a contractual service supplier and an independent professional?
A contractual service supplier is employed and paid by a UK enterprise that holds the contract with the Canadian client, and needs at least one year with that employer and three years of experience in the sector. An independent professional is self-employed in the UK, holds the contract directly and needs at least six years of experience.
Can I apply for a CUKTCA work permit at the border?
British citizens are visa-exempt, so they can generally apply for an LMIA-exempt work permit at a port of entry, provided they have an eTA for air travel and the offer of employment is already submitted. Many people prefer to have their documents reviewed before travelling, since a refusal at the border can disrupt the contract start date.
Need help with your situation?
As a Regulated Canadian Immigration Consultant (RCIC) based in Surrey, BC, I help UK professionals and their Canadian clients plan the right Canada work permit for UK professionals on contract. If you have a specific question about your own contract, book a consultation. I offer a free 10-minute consultation for focused questions about your own case, and you can contact me at jlironi@gatewaypacific.ca if you’re unsure where you stand.
This is general information, not legal advice. Every case is different — book a consultation for guidance specific to your situation.
— John Lironi, RCIC | Gateway Pacific Immigration