Qualifying business visitors are allowed to take part in certain international business activities in Canada without needing a work permit.
Who can qualify as a business visitor?
A foreign national seeking to enter Canada as a business visitor will have to meet additional requirements including submitting the necessary documentation and complying with Canada’s basic entry conditions.
If a foreign national intends on working directly for a Canadian company, a work permit will be required.
Examples of job titles that may qualify for the business visitor work permit exemption:
In addition to the general provisions under the IRPR, there are many free trade agreements that facilitate entry to Canada for foreign nationals wising to conduct various international business activities (CUSMA, CETA, GATS, CPTPP, etc.) Specific activities are outlined, for example:
CUSMA (Appendix 1) | CETA (short-term BV, Annex 10-D) |
---|---|
USA and Mexican citizens | Citizens of a European Union member state |
Research and Design Growth, Manufacture, and Production Marketing Sales Distribution After Sales Services General Service Commercial Transactions Public Relations and Advertising Tourism Tour Bus Operation Translation | Meetings and consultations Research and design Marketing research Training seminars Trade fairs and exhibitions Sales Purchasing After-sales or after-lease service Commercial transactions Tourism personnel Translation and interpretation |
In addition to the eligibility requirements mentioned above, a foreign national who intends on providing after-sales (or lease) services in Canada will have to demonstrate that those services are part of a service contract.
The service contract must be included in the original sales, lease or rental agreement or as an extension of the original agreement.
Can a service contract be negotiated with a third party after the signature of the initial agreement?
A third party may be hired to service the equipment, only if the initial agreement allowed it.
What are after-sales services?
After-sales services are services offered as part of a warranty or sales agreement after a product or service has been sold or leased. More precisely, a foreign national may provide these services by:
What is the difference between a business person and a business visitor?
There are different types of business persons that can work in Canada under a free trade agreement such as (not an exhaustive list):
For instance, under free trade agreements, only business visitors are allowed to work in Canada without needing a work permit.
What is the process to come to Canada as a business visitor to provide after-sales services?
Prior to their arrival in Canada, business visitors, except U.S. citizens and green card holders, will have to obtain a TRV (temporary resident visa) or ETA (electronic travel authorization) based on their country of citizenship.
Is it possible to extend your stay as business visitor providing after-sales services?
The CBSA officer at the point of entry is responsible for establishing the duration of the authorized stay of the foreign national in Canada.
Most business visitors (BV) may be admitted to provide after-sales services in Canada for up to 6 months at a time. If their stay needs to be extended, depending on the circumstances, they may be able to either apply to extend their business visitor status within Canada, or have to leave the country and request to be admitted as a BV again, or apply for a work permit.
CETA: Under the CETA, business visitors are usually allowed to work in Canada for a maximum of 90 days in any 6 month period.
What supporting documentation is required for a business visitor?
Business visitors must demonstrate that they meet the requirements to perform their activities in Canada, for instance providing after-sales services that are part of a warranty or sales contract.
Particularly when applying for a TRV, one essential document to provide is a letter of invitation from the Canadian host. Such letter must include details about the applicant themselves, the Canadian person and company inviting them and the context and reason of the invitation.
Additional documents, including, when applicable, a detailed letter of support from the applicant’s foreign employer sending them to Canada and a copy of the initial sales agreement (with the related service contract) will also be necessary.
Do I need a medical exam as a business visitor?
Typically, foreign nationals applying to visit or be admitted to Canada for less than 6 months would not need to take an Immigration Medical Exam (IME) prior to their visit, but applicants should verify conditions applying to their case.
If you have questions or concerns relating to Business Visitor Visas please contact us and a member of the Canadim Team will be happy to discuss your options.
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