- 1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA
- Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad
1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA
Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad
1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA
Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad
THE MILLENNIUM IMMIGRATION
FROM HOPE TO REALITY
FREE ASSESSMENT
Business Visitors: Working Without A Work Permit
In many cases, business visitors to Canada do not require a Canadian work permit.
A business visitor is a foreign national who comes to Canada to engage in international business activities without entering the Canadian labour market. This comprehensive Millennium Immigration page provides details on how you can work in Canada as a business visitor.
If you would like to schedule a free telephone consultation with a lawyer from the Cohen Immigration Law Firm, please complete our contact form.
Overview
Canada is one of the world’s largest economies, attracting thousands of short-term business visitors each year. As a member of the Organisation for Economic Co-operation and Development (OECD) and the Group of 7 (G7), as well as a signatory to the Canada-United States-Mexico Agreement (CUSMA, formerly known as NAFTA), Canada aims to facilitate international business visits. Depending on the nature of the work and the individual’s nationality, certain business visitors can enter the country to conduct business or trade activities without needing a work permit.
Requirements for Business Visitors
Business visitors to Canada must demonstrate the following:
- Duration of Stay: They plan to stay for less than six months.
- Labour Market Entry: They do not plan to enter the Canadian labour market.
- Main Place of Business: Their primary business, source of income, and profits are outside Canada.
- Supporting Documents: They have documents that support their application.
- Basic Entry Requirements: They must meet Canada’s basic entry requirements, including:
- A valid travel document, such as a passport
- Sufficient funds for their stay and to return home
- A clear intention to leave Canada at the end of their visit
- No criminal, security, or health risks to Canadians
Reasons for Business Visits
Individuals may come to Canada as business visitors for various reasons, including:
- Attending business meetings, conferences, conventions, fairs, etc.
- Purchasing Canadian goods or services on behalf of a foreign entity
- Taking orders for goods or services
- Providing after-sales service (excluding hands-on work in construction trades)
- Receiving training from a Canadian parent company for work outside of Canada
- Training employees of a Canadian subsidiary of a foreign company
Visa Requirements
Business visitors to Canada may require a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA).
Allowing international businesspeople to conduct business in Canada is crucial for the country’s continued economic success. Countries with trade agreements and strong economic partnerships with Canada typically facilitate smoother entry for Canadian business visitors. Visa reciprocity plays an essential role in Canada’s business outlook and economic success.
After-sales or lease services
Individuals engaged in the repair and servicing, supervision of installers, and setup and testing of commercial or industrial equipment—including computer software—may be classified as business visitors. In this capacity, they may not require a Canadian work permit, subject to certain conditions.
Key Points to Note:
Scope of Activities:
- Setting up equipment does not include hands-on installation typically performed by construction or building trades, such as electricians or pipe fitters.
Entry for Repair or Service:
- This provision applies to individuals entering Canada to repair or service specialized equipment that was purchased or leased outside of Canada. The service must be part of the original or extended sales agreement, lease/rental agreement, warranty, or service contract.
After-Sales and Lease Services:
- After-sales and lease services encompass situations where the sales or lease agreement or purchase order involves a software upgrade to operate previously sold or leased equipment.
- A service person traveling to Canada to install, configure, or provide training on the upgraded software may also be considered a business visitor.
- It’s important to note that a sales or lease agreement or purchase order for upgraded software constitutes a new contract for a new product.
Exclusions:
- Hands-on building and construction work is not covered under this provision and would require a work permit.
Warranty or service agreement
For foreign nationals to qualify as business visitors under warranty or service agreements, the following criteria must be met:
Contract Negotiation:
- The contracts must have been negotiated as part of the original sales or lease/rental agreements, or they must be extensions of those original agreements.
Exclusions:
- Service contracts that are negotiated with third parties after the signing of the sales or lease/rental agreement do not qualify under this provision.
Permits for Non-Covered Work:
- If the work to be performed in Canada is not covered under a warranty, a work permit and a Labour Market Impact Assessment (LMIA) are generally required for the foreign national to legally work in Canada.
Individuals not considered business visitors
When a Canadian employer contracts services from a non-Canadian company, employees of the foreign company who are performing those services in Canada are required to obtain a Canadian work permit. This situation often occurs in the context of the Canada-United States-Mexico Agreement (CUSMA), formerly known as NAFTA.
Key Points:
Not Considered Business Visitors:
- Employees of the foreign company cannot be classified as business visitors simply because they are not directly receiving remuneration from a Canadian source. The existence of a contract between the Canadian company and the foreign employer signifies an entry into the Canadian labor market.
Payment Considerations:
- Since the foreign employer is receiving payment for services provided to the Canadian company, it is deemed that the worker is indirectly receiving payment from a Canadian source. Thus, they do not qualify as business visitors.
Example Scenario:
- For instance, if a Canadian infrastructure project contracts a U.S.-based urban planning firm, and the firm sends a team to work on-site, the team members are considered to be working in Canada. Since the firm is compensated for its engagement in the project, the team members do not meet the criteria for business visitors.
Temporary Work Permit Requirement:
- Individuals planning to enter the Canadian labor market in such scenarios will require a Temporary Work Permit.
Short-Term Work Situations:
- Other individuals working in Canada for short-term periods may work without a work permit in specific situations, even if they are not classified as business visitors.
About THE MILLENNIUM IMMIGRATION
Would you like to enter Canada on business? THE MILLENNIUM IMMIGRATIONÂ can help. With over 11Â years of expertise, we assist workers and employers in navigating Canadian immigration regulations.