RCC has removed recaptured-time information from its instructions for CKFTA contractual service suppliers and independent professionals, stating that it is not relevant to this category. The CKFTA recaptured-time guidance change affects officers processing work permit applications under the International Mobility Program category coded F32.
What IRCC changed
IRCC’s Program Delivery Updates announcement says the department updated its instructions for officers processing contractual service suppliers and independent professionals under the Canada-Korea Free Trade Agreement (CKFTA).
The announced change removes the “Recaptured time” information because it is not relevant to this CKFTA category. IRCC did not announce any change to the category’s eligibility requirements, documentary evidence requirements or work permit duration rules.
Who the update concerns
The update concerns Korean citizens and permanent residents seeking entry under the CKFTA contractual service suppliers and independent professionals category, as well as IRCC and Canada Border Services Agency officers who process these applications.
Under the current instructions, the category facilitates entry for eligible Korean citizens and permanent residents who intend to provide pre-arranged professional services in Canada. Work permit applications in this category are assessed under paragraph R204(a) and fall under the International Mobility Program.
Current operational context for F32 applications
IRCC’s current instruction distinguishes between a contractual service supplier, who is an employee supplying a contracted service through their enterprise, and an independent professional, who is self-employed outside Canada and provides services under a pre-arranged contract.
To be eligible for a work permit in this category, the foreign national must be a Korean citizen or permanent resident, work in an occupation listed in Appendix 12-A-2 of the CKFTA, be qualified for that profession, have pre-arranged employment with a Canadian client, provide professional-level services in their field of qualification and meet other temporary-entry requirements.
The instructions state that the category does not permit self-employment in Canada, including soliciting business in the Canadian labour market. However, being self-employed outside Canada does not prevent a person from qualifying where the services in Canada are pre-arranged with a Canadian client.
Practical implication of the update
For applicants and representatives, the operational implication is limited: recaptured-time information should not be relied on for the CKFTA contractual service suppliers and independent professionals category.
The updated instruction continues to direct officers to assess the offer of employment, the applicant’s qualifications, the professional occupation, licensing or certification where applicable, and whether the proposed work is pre-arranged. IRCC says initial work permits may be granted for up to three years, while extensions may be issued in increments of up to three years if the individual continues to meet the requirements.
Source: IRCC Program Delivery Updates