IMP T45 Work Permit: Spouses and Common-Law Partners of CETA Transferees
Moving to Canada is easier when your family can join you. The IMP T45 Work Permit is for spouses and common-law partners of specific European Union citizens. It applies when the main applicant transfers to Canada under the Comprehensive Economic and Trade Agreement (CETA). If your partner is an intra-company transferee, this LMIA-exempt work permit lets you work here. You can work for almost any Canadian employer while your partner fulfills their corporate duties. In practice, this open work permit provides great flexibility for your family’s Canadian journey.
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Eligibility requirements for IMP T45 Work Permit
To qualify for this permit, your eligibility is directly tied to your partner’s status. The main applicant must be an eligible EU citizen transferring to a Canadian business.
Your partner must belong to one of three CETA categories to qualify. For example, they could be an executive or manager directing a Canadian enterprise. They could be a graduate trainee transferring to advance their career. Also, they could be a specialized knowledge worker with advanced proprietary knowledge.
Who can qualify:
- You are the legally recognized spouse or common-law partner of a CETA transferee.
- The main applicant must hold or apply for a T41, T42, or T44 permit.
- The main applicant must be a citizen of a European Union member state.
- Your partner must have worked for the foreign EU enterprise for at least one year.
- This prior employment must be continuous and full-time before they apply.
Employment can be through payroll or through a direct contract with the foreign enterprise. If they are directly contracted, they must work exclusively for the qualifying enterprise. As a result, if they do not meet these rules, your spousal application will fail. You must prepare a strong application package together.
Practical documents the applicant or employer should prepare:
- Proof of your relationship, like a marriage certificate or statutory declaration.
- Copies of your partner’s passport to show their EU citizenship.
- Evidence of your partner’s Canadian job offer or existing CETA permit.
- Your own valid passport or travel document.
- A letter of introduction from the employer explaining the Canadian transfer.
- Evidence that the enterprise is doing business in both Canada and an EU state.
- The official offer of employment was submitted through the Employer Portal.
Assessment Criteria
When reviewing an application for the IMP T45 Work Permit, officers look at two main factors. First, they verify that the principal applicant meets all CETA intra-company transferee rules. Second, they confirm that your spousal relationship is genuine and legally valid.
Officers assess your application to ensure that no one bypasses standard work permit rules. They review employment details provided by the employer to verify the transfer type. For your permit, the officer scrutinizes your relationship documents closely. They must be completely satisfied that you are a genuine couple.
Officers also check if the Canadian business justifies the transfer. For example, if your partner applies for a managerial role, the business must support it. If the officer doubts the main applicant’s role, they will refuse both permits. Therefore, your application’s success relies heavily on your partner’s documentation.
Here is how you can help officers approve your file:
- Prove the main applicant’s status: Always include their CETA approval or submit applications together.
- Provide clear proof of relationship: A marriage certificate is usually enough for married couples.
- Show cohabitation: Common-law partners must show at least one year of continuous cohabitation.
- Common pitfall: Applying without clearly linking your application to the principal applicant’s status.
- Common pitfall: Missing the primary applicant’s proof of EU citizenship. This exemption only applies under the Canada-EU trade agreement.
Potential Duration of IMP T45 Work Permit
The duration of the IMP T45 Work Permit strictly follows the principal applicant’s status. Officers will give your work permit the exact same validity date as your partner’s document. The duration strictly depends on your partner’s specific CETA category.
- Executives and managers (T44): You initially get up to 3 years. Extensions can push the total maximum stay to 4.5 years.
- Specialized knowledge workers (T41): You also initially get up to 3 years. Extensions can similarly push the total stay to 4.5 years.
- Graduate trainees (T42): Your stay is limited to a maximum of one year. No extensions are allowed for graduate trainees or their spouses.
When requesting an extension, the main applicant must prove a continued need for their skills. If approved, you can extend your open work permit at the same time. However, the IMP T45 Work Permit cannot exceed the main applicant’s approved timeline.
Also, time spent working in Canada accumulates across all CETA categories. Once you hit the maximum limit, your partner must work outside Canada for a full year. Only after that one-year absence can they apply for a new transfer. Consequently, you must also wait outside Canada before returning under this specific code.
What about family members of the main applicant
The IMP T45 Work Permit is uniquely designed for the spouse or common-law partner. It provides an open work permit, giving the spouse flexibility in Canada. However, the program delivery instructions do not explicitly cover other family members.
For example, the rules do not mention dependent children under this specific exemption code. Typically, dependent children must apply for their own study permits or visitor records. They must follow standard Canadian immigration rules for temporary residents. School-aged children usually need a study permit to attend Canadian public schools. Always base your family’s applications on the principal applicant’s primary CETA status.
Check Your Eligibility Instantly
Knowing your options is the first step toward your move. We have designed a self-assessment tool to simplify the complex International Mobility Program. You simply answer a few questions about your background and job offer. The AI then determines if you meet the criteria for an LMIA-Exempt Permit.
Book a consultation session
A successful application depends on specific facts and clear documents. Eligibility under the International Mobility Program is strictly evidence-based. Book a consultation session to discuss your options with a professional.
Al Parsai is a Regulated Canadian Immigration Consultant with more than 15 years of experience. He can help you navigate the complexities of Canadian immigration.
Book your consultation here: https://www.settler.ca/book/
Bring to your consult:
- Your updated resume.
- Details about your partner’s job offer and EU citizenship.
- Proof of your marital or common-law relationship.
- Any previous immigration decisions or refusal letters.
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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