Canada Business Visitors
Qualifying business visitors may participate in certain international business activities in Canada without a work permit.
Who Can Qualify as a Business Visitor?
- Someone who plans on staying in Canada for a short period of time (less than six months)
- Someone who does not intend to enter the Canadian labour market (including because their primary source of income and place of accrual profits and business are outside of Canada)
- Someone who is coming to Canada for the purpose of engaging in certain international business activities, for example:
- Attending business meetings, conferences, trade conventions, exhibitions, site visits, etc.
- Purchasing Canadian goods or services for a foreign company or government (or receiving training on these goods or services)
- Providing after-sales services as part of a warranty or sales agreement
- Providing training to employees from a Canadian branch of a foreign company
A foreign national seeking to enter Canada as a business visitor must meet additional requirements, including submitting the required documentation and complying with Canada’s basic entry conditions.
If a foreign national intends to work 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:
- Film producers of films funded fully outside of Canada (employed by foreign companies)
- Directors (and essential personnel of commercial or advertising shoots) for short-term periods
- Film and recording studio users
- Buyers (working for a foreign company)
- Delegates/attendees (of a conference, meeting or exhibition)
- United States government personnel (short-term only)
- Full-time employees, such as domestic servants, personal assistants, caregivers, accompanying their employer who is in Canada as a short-term temporary resident (less than 6 months)
Business visitors under free trade agreements
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 |
General Eligibility Requirements for Business Visitors (After-Sales Services)
In addition to the eligibility requirements mentioned above, a foreign national who intends to provide 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:
- Repairing, servicing, installing, setting up, testing and supervising the work of other employees surrounding specialized commercial or industrial equipment (including computer software) that has been purchased or leased outside Canada.
- Hands-on work (such as performed by construction or building tradespeople) is generally excluded.
Q&A
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):
- Business visitors
- Professionals
- Technicians
- Intra-company transferees
- Traders and investors
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, must obtain a TRV (temporary resident visa) or an ETA (electronic travel authorization) based on their country of citizenship.
Is it possible to extend your stay as a business visitor providing after-sales services?
The CBSA officer at the point of entry is responsible for determining the duration of the foreign national’s authorized stay 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, leave the country and request admission as a BV again, or apply for a work permit.
CETA: Under CETA, business visitors are generally allowed to work in Canada for up to 90 days within any six-month period.
What supporting documentation is required for a business visitor?
Business visitors must demonstrate that they meet the requirements to conduct their activities in Canada, for instance, by providing after-sales services under 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 a letter must include details about the applicant, the Canadian person or company inviting them, and the context and reason for 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 six months do not need to take an Immigration Medical Exam (IME) prior to their visit, but applicants should verify the conditions that apply to their case.
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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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