Did you know that in most cases Business visitors do not need a Canada work permit?
Yeah! You read me right. A Businessperson who travels Canada for the very purpose need not go through the formalities of Work permit formalities.
Undoubtedly, Canada is a big economy. The magnetic fields here will attract numerous visitors each year. Canada as the international market-oriented economy makes sure that the business visitors enter the country with ease. That’s also because they are a member of the Organization for Economic Co-operation (OECD) and the Group of 7 (G7), as well as a signatory to the North American Free Trade Agreement (NAFTA).
However, there are certain points to be kept in mind while you pack the bags plan to stay for less than six months, do not plan to enter the Canadian labor market, the main place of business and source of income and profits should be outside Canada, should have documents that support their application and should meet Canada’s basic entry requirements like:
have a valid travel document, such as a passport, have enough money for their stay and to return home, plan to leave Canada at the end of your visit, and are not a criminal, security or health risk to Canadians.
several reasons why an individual may come to Canada as a business visitor Attending business meetings, conferences, conventions, fairs, etc.; Buying 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 the construction trades;
Being trained by a Canadian parent company for work outside of Canada; and Training employees of a Canadian subsidiary of a foreign company.
If a Canadian company has outsourced their work through a Non-Canadian company, Then they will require a work permit
This situation arises most often in the context of the NAFTA (North American Free Trade Agreement). Since there is a contract between the Canadian company and the foreign worker’s employer, there is an entry to the Canadian labor market. And because the foreign employer is receiving payment for the service that is being provided, it is deemed that the worker is receiving
payment from a Canadian source. Consequently, the worker cannot be considered a business visitor.
For example, an infrastructure project in Canada contracts the services of a UK-based urban planning firm, which sends a small team to Canada to work on site. The team members are working in Canada and the firm is receiving compensation for being engaged on the project. Therefore, the
team members do not meet the criteria as business visitors to Canada.
A temporary work permit is needed for those who plan to enter Canada
Also, it’s mandatory for those who work for short periods in the country
visitors to Canada on Business purposes may require a temporary resident visa or an ETA, electronic travel authorization. Individual repairing and servicing, supervising installers, and settingllers, and setting
up and testing commercial or industrial equipment (including computer software) may be considered business visitors. And as such may not require a Canadian work permit. (Setting up does not include
hands-on installation generally performed by construction or building trades, such as electricians or pipefitters.)This provision also applies to individuals looking for entry to repair or service specialized equipment purchased or leased outside Canada, provided the service is being performed as part of
the original/extended sales agreement, lease/rental agreement, warranty or service contract.
After-sales and lease services also include situations where the sales or lease agreement or purchase order is for a software upgrade to operate previously sold or leased equipment. A service person coming to Canada to install, configure or give training on the upgraded software may be considered a business visitor. A sales or lease agreement or purchase order for upgraded software is a new contract for a new product. Please note that hands-on building and construction work is not covered by this provision. Service contracts negotiated with third parties after the signing of the sales
or lease/rental agreement are not covered by this provision. Where the work to be performed in Canada is not covered under a warranty, a work permit and a Labor Market Impact Assessment (LMIA) is generally required.
Warranty or service agreement
For warranty or service agreements, contracts must have been negotiated as part of the original sales or lease/rental agreements or be an extension of the original agreement in order for the foreign national to be considered a business visitor.
We are glad that you preferred to contact us. Please fill our short form and one of our friendly team members will contact you back.