Under the North American Free Trade Agreement (NAFTA), certain U.S. and Mexican citizen professionals can enter Canada to work. Last month, Citizenship and Immigration Canada updated their immigration manual to clarify that when an academic credential is required for a NAFTA professional, that credential must be from a "related educational program". Is your degree or diploma "related"?
If I need a degree or diploma to qualify as a NAFTA professional, how do I prove it is "related"?
In many cases, NAFTA professionals need to have an educational credential to qualify as a professional.
In this connection, reference should first be made to Canada's National Occupational Classification (NOC) which is a national reference for occupations in Canada. Virtually all occupations are listed in the NOC and the NOC often will list the educational requirements needed for a specific occupation. If your educational credential matches with the educational credential listed for your profession in the NOC, the greater the ability you will have to argue that your credential is "related".
For some professions the NOC does not list specific educational credentials. In many cases, this is because the name of the professional degree varies depending on the educational institution. For instance, an accountant can hold a Bachelor of Commerce, a Bachelor of Arts, a Bachelor of Science, a Bachelor of Business Administration, or another degree. If the name on the degree does not clearly communicate that the professional has a related degree or diploma, the work permit application may be refused.
Because of this, it is prudent to bring a transcript of records from the academic institution to show the relationship between the degree and the professional's work. Transcripts usually show the person's major and minor and also list specific courses related to the individual's profession. If the transcript is not descriptive enough, it may be prudent to bring copies of course syllabuses as well.
Do all NAFTA professions require a person to have a related degree or diploma?
For some professions, the NAFTA specifies that an individual must hold a specific degree and not merely a "related" degree. For example, lawyers, dentists, physicians and veterinarians must have specific degrees or state or provincial licences to be qualified as a NAFTA professional. If these professionals do not have the specified degree or a state/provincial licence, they will not qualify. Other NAFTA professions do not require degrees or diplomas at all.
What are the basic requirements for a NAFTA professional?
Regardless of the educational requirements for a profession under the NAFTA, in order to qualify as a NAFTA professional, a U.S. or Mexican citizen must be qualified to work in a profession listed in the NAFTA. The professional must have pre-arranged employment to offer professional level services to an entity in Canada and the company hiring the foreign professional must meet immigration requirements that apply to all employers of foreign workers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
