Business Visitors: Working Without A Work Permit
In many instances, business visitors traveling to Canada do not need a work permit.
A business visitor is a foreign national who visits Canada to engage in international business activities without entering the Canadian labor market. This detailed page provides insights on how you can work in Canada as a business visitor.
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Overview
Canada is one of the world’s largest economies, attracting thousands of short-term business visitors annually. As a member of the OECD and G7, and a signatory to the Canada-United States-Mexico Agreement (CUSMA, formerly NAFTA), Canada is committed to facilitating international business trips. Depending on the nature of the work and the visitor’s nationality, some business visitors can enter the country without needing a work permit.
To qualify as a business visitor, individuals must demonstrate:
They plan to stay for less than six months.
They will not enter the Canadian labor market.
Their primary business, income, and profits are sourced outside Canada.
They possess supporting documents for their application.
They meet basic entry requirements, including:
A valid travel document (e.g., passport).
Sufficient funds for their stay and return home.
A plan to leave Canada at the end of their visit.
No criminal, security, or health risks to Canadians.
Common reasons for entering Canada as a business visitor include:
Attending business meetings, conferences, and conventions.
Purchasing Canadian goods or services for a foreign entity.
Taking orders for goods or services.
Providing after-sales service (excluding hands-on construction work).
Receiving training from a Canadian parent company for work outside Canada.
Training employees of a Canadian subsidiary.
Business visitors may need a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA).
Facilitating international business is vital for Canada’s economic success. Countries with trade agreements and strong economic ties to Canada typically offer Canadian business visitors smooth entry as well, emphasizing the importance of visa reciprocity in fostering economic growth.
After-sales or lease services
Individuals involved in repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software) may qualify as business visitors to Canada, potentially exempt from needing a work permit. However, “setting up” does not encompass hands-on installation typically done by construction trades like electricians or pipe fitters.
This provision applies to those entering Canada to repair or service specialized equipment purchased or leased outside the country, provided the service is part of an original or extended sales agreement, lease, warranty, or service contract.
After-sales and lease services can also include situations where the agreement involves a software upgrade for previously sold or leased equipment. A service person coming to Canada to install, configure, or train on the upgraded software may be classified as a business visitor, as the purchase order for upgraded software constitutes a new contract for a new product. It’s important to note that hands-on building and construction work does not fall under this provision.
Warranty or service agreement
For warranty or service agreements to qualify a foreign national as a business visitor, the contracts must have been negotiated as part of the original sales or lease/rental agreements or be extensions of those agreements.
Service contracts negotiated with third parties after the initial agreement do not qualify under this provision. If the work to be performed in Canada is not covered by a warranty, the individual will generally require a work permit along with a Labour Market Impact Assessment (LMIA).
Individuals not considered business visitors
When a Canadian employer directly contracts services from a foreign company, the employee of that foreign company requires a Canadian work permit. This situation commonly arises under the Canada-United States-Mexico Agreement (CUSMA, formerly NAFTA).
Even if the foreign worker is not directly receiving payment from a Canadian source, the existence of a contract between the Canadian company and the foreign employer means the worker is effectively entering the Canadian labour market. Since the foreign employer is compensated for the services provided, the worker cannot be classified as a business visitor.
For instance, if a U.S.-based urban planning firm is contracted for an infrastructure project in Canada and sends a team to work on-site, those team members are considered to be working in Canada and do not qualify as business visitors.
Individuals intending to enter the Canadian labour market in such cases will typically need a Temporary Work Permit. However, there are also certain short-term work situations where individuals may work in Canada without a work permit, without being classified as business visitors.
About the Millennium Immigration
If you’re planning to enter Canada for business purposes, The Millennium Immigration can assist you. With over 11 years of experience, our team is ready to help both workers and employers navigate the intricacies of Canadian immigration regulations.
Feel free to contact us to schedule a consultation or inquire about the process! For more information, visit themillenniumimmigration.com.