Business Visitors
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Visitors to Canada on business often are not required to obtain a work permit.
A foreigner is considered a business visitor if they are only coming to Canada to do international business and don’t plan to get a job or make enough money to support themselves while they are here. Check out this detailed CVIS Immigration page to learn more about working holidays in Canada.
It can be challenging to sort through the various options for obtaining a work permit in Canada, but we’ll do our best to simplify the process for you. Please complete CVIS Immigration contact form if you wish to schedule a free telephone consultation with our work permit consultants.
There are thousands of short-term business travelers who come to Canada every year because it has one of the world’s largest economies. Canada is committed to facilitating the travel of international business travelers to the country, as evidenced by the country’s membership in the OECD, the Group of Seven (G7), and the Canada-United States-Mexico Agreement (CUSMA; formerly known as NAFTA), all of which contribute to Canada’s international market-oriented economy. A work visa may not be required for some business visitors, depending on the type of work they will be doing and their nationality.
o they have a valid travel document, such as a passport, enough money to cover their stay and return home, a plan to leave Canada at the end of their visit, and are not a criminal, security risk, or a threat to Canada’s national security; they do not intend to enter the Canadian labour market; their principal place of business and source of income and profits are located outside of Canada; and they have documents to support their application and meet Canada’s basic entry requirements.
There are many possible motivations for a business trip to Canada, some of which are:
• Participating in business-related gatherings such as conventions, conferences, fairs, etc.;
• Purchasing Canadian goods or services for an international client;
• Obtaining requests for purchases;
• After-sale service provisioning, with the exception of the construction trades;
• Training employees of a foreign company’s Canadian subsidiary; Receiving training from a foreign company in preparation for work outside of Canada.
It is possible that business travellers to Canada will need either a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA).
Canada’s continued economic success depends on its ability to attract businesspeople from around the world. The same is true for Canadian business travelers: countries that have established trade agreements and strong economic partnerships with Canada typically facilitate their entry into Canada. Canada’s business climate and economic growth would benefit greatly from visa reciprocity.
Business visitors to Canada may not need a work permit in order to repair and service commercial or industrial equipment (including computer software), supervise installers, set up and test equipment, or perform similar tasks.
Hands-on installation, such as that done by electricians or plumbers, is not included in “setting up.”
As long as the repair or service is being performed under the terms of the original or extended sales agreement, lease/rental agreement, warranty or service contract, this provision also applies to individuals seeking entry to Canada to repair or service specialized equipment purchased or leased outside of Canada.
Software upgrades for previously sold or leased equipment that are included in the sales or lease agreement or purchase order are considered part of the after-sale or -lease service. One possible category of the business visitor is a service provider who travels to Canada to implement the new software or provide training on it. New software requires a new contract, whether it be a sales or lease agreement or a purchase order. Please be aware that this provision does not apply to actual construction or building work.
In order for a foreign national to be considered a business visitor, the warranty or service contract must have been negotiated as part of the original sales or lease/rental agreements, Alternatively, the agreement could simply be extended.
This clause does not apply to service contracts negotiated with third parties subsequent to the sales or lease/rental agreement. When performing work in Canada that is not covered by a warranty, a work permit and a Labour Market Impact Assessment (LMIA) are typically necessary.
The employee of a foreign company providing services to a Canadian employer must have a valid Canadian work permit if the Canadian employer has contracted directly with the foreign company.
The North American Free Trade Agreement (NAFTA) is a common setting in which this problem manifests (the former North American Free Trade Agreement, or NAFTA). Just because the service provider isn’t getting paid by a Canadian client doesn’t mean he or she is a tourist in the country.
There is access to the Canadian labour market because of the agreement between the Canadian firm and the foreign worker’s employer. It is presumed that the worker is paid by a Canadian source if the foreign employer is reimbursed for the service. Because of this, the employee does not qualify as a business traveller.
As an illustration, suppose a Canadian infrastructure project hires an American urban planning firm, which then dispatches a small team to Canada to carry out the contracted work. Workers from the firm are currently stationed in Canada and being compensated for their efforts. So, the team members can’t legally enter Canada as business tourists.
The Canadian government may require a Temporary Work Permit before you can legally enter the country and begin looking for a job.
Other workers who are in Canada for less than three months and who do not meet the criteria for business visitors may be allowed to work in the country without a work permit.
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