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Canada-UK Conclude ‘Continuity’ Agreement (As the UK departs CETA)

At the conclusion of 2020, the United Kingdom (“UK”), having withdrawn from the European Union (“EU”), will conclude its participation in the Comprehensive Economic and Trade Agreement (“CETA”) between Canada and the EU. In addition to numerous trade elements of the treaty, CETA has various provisions for eased business immigration between EU members and Canada. (For details on CETA immigration provisions, please see our initial ImmPulse™ bulletin on the topic at http://www.kranclaw.com/2017/10/canada-implements-the-canada-european-union-comprehensive-economic-and-trade-agreement/, and an update at http://www.kranclaw.com/2020/06/canada-european-union-free-trade-agreement-ceta-updates-immigration-aspects/.)

Among other CETA immigration benefits are provisions for Independent Professionals and Contractual Service Providers, and broadened intra-company transfer allowances for certain types of workers (including graduate trainees). Termination of the UK’s involvement in CETA would mean that these categories would no longer be available to UK nationals seeking to work in Canada.

However, Canada and the UK have announced that they have concluded an interim agreement to continue operating under the provisions available through CETA, as between the UK and Canada, even when the UK is no longer a part of CETA. Canada and the UK have also indicated that this is a step toward concluding a comprehensive free trade agreement between the countries.

Full details are not yet available, but it would appear that under the interim continuity agreement, the immigration provisions of CETA will be maintained for UK nationals seeking to work in Canada. Hopefully, this will flow through to the comprehensive agreement when that is finalized.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.