Business Visitors Canada
Business Visitors Canada: Work Without a Work Permit
Canada is one of the largest economies in the world, with an international market economy and a member of the Organization for Economic Cooperation (OECD) and the Big 7 (G7). By signing the North American Free Trade Agreement (NAFTA), Canada is committed to providing international business people with the opportunity to travel to the country for work. There may be a number of situations when Business Visitors Canada can work in Canada without the need for a work permit. Also, People who are eligible to work without this permit can apply for a temporary resident visa to enter Canada temporarily. If you are a businessman, this article is for you as it explains how to come to the country for business purposes and avoid the long bureaucratic processes such as the Labour Market Impact Assessment (LMIA). The Immigration and Refugee Protection Regulations (IRCC) has introduced section 187 that is allowing foreign nationals to enter as business visitors if they seek to engage in international work affairs in Canada without directly participating in the Canadian labour market. Every entrepreneur who enters Canada to carry out activities before signing a contract can almost certainly be considered a business visitor. However, there are special conditions that must be fulfilled to get the status of a business visitor that is being discussed further.
Firstly, let us start with the definition of a business visitor. The term means an individual, Business Visitors Canada, who comes to Canada to cooperate with local entrepreneurs or organizations without a work permit. Going to business travel, they set themselves the task of finding out new opportunities for the development of their business or make some investments. For instance, their trips may imply meeting with partners who work in the companies that are dealing with them or attending the conferences or coming for training their professional skills by the invitation of an organization. Depending on the field of the work, as well as the citizenship of foreigners, some people may arrive to the country of maple leaves to do business or trade without a work permit. Nevertheless, please do not confuse business visitors with business people who come to work in Canada to make business under international alliance (e.g. CUSMA and Free Trade Agreements). The main condition for business visitors is to stay in Canada for less than 6 months and provide information that they do not receive their income from a Canadian side but a foreign market. Also, there should be no intention of staying in Canada as a potential employee for the local labour market. Indeed, there must be documents that would confirm the temporary stay of a business visitor and information about incoming payments. The invitation from a Canadian company, the contracts between foreign and Canadian parties, the contract of a business visitor with a foreign organization can be used as evidence. Besides, a human being must have a good reputation by being without any security problems and must obtain a valid travel document (passport) as well as financial statements to prove a human being has enough money to live there and can go back to his home country by providing return tickets.
There are a number of arguments why a human being may come to Canada as a business visitors, including making appearance meetings, conferences, conventions, fairs, etc.; purchasing Canadian products or services on behalf of a foreign legal entity; accepting orders for goods or services; providing after-sales service, excluding practical work on construction work; training by a Canadian company how to work in the same company, but outside of Canada; training of employees of a Canadian subsidiary by a foreign company. So, once the activities are completed and the contract for the provision of the product or service is signed, the business visitor will no longer be able to enter Canada to work on his regular visa or passport. Business visits to Canada may require a Temporary Visa (TRV) or Electronic Travel Authorization (eTA). Providing opportunities for the international businessmen to do business in Canada is vital to the country's continuous economic success. Likewise, countries with trade agreements and close economic partnerships with Canada usually allow Canadian businessmen to enter their countries as smoothly as possible. Visa interaction is an important aspect of Canada's business prospects and economic success. There is no special way to get a business visitor status but an individual needs to follow the typical application method for a guest visa, or TRV, and should demonstrate that he or she is entering the country for business activities. The period of permitted stay in Canada is up to 6 months during each of the visits. For temporary foreign workers and international students, the period of stay in Canada is determined on an individual basis.
For people, who work in services and come to the country to fulfil part of their job, there is essential information about working without a permit. Business visitors in Canada may decide not to apply for a work permit, if they come to Canada to perform individual repairs and maintenance, administer installers or set up and test commercial or industrial equipment (including computer software). The installation does not include the practical installation that is usually performed by construction jobs such as electricians or plumbers. This provision also applies to individuals, who wish to access the repair or service of specialized equipment purchased or leased outside Canada, provided that the service is performed under an original or extended sales contract, lease, warranty or service contract. After-sales and leasing services also include situations where a sales or lease agreement or purchase order is a software upgrade to operate previously sold or leased equipment. An employee travelling to Canada to install, configure, or receive updated software training may be considered a business visitor. A sales or lease agreement or purchase order for updated software is a new contract for a new product. Please note that this provision does not apply to practical construction and construction work.
For warranty or service agreements, the contracts must be negotiated as part of the original sale or lease agreements or must roll over the original agreements for the foreign national to be considered business visitors in Canada. Service contracts consented with third sides after the confirmation of the sales agreement or lease / rental agreement are not covered by this arrangement. If the service performed in Canada is not insured by the warranty, a work permit and a Labor Market Impact Assessment (LMIA) are usually demanded.
The same rules apply to the members of NAFTA. To be considered a Business visitor, an American or Mexican citizen must enter Canada to perform business cycle duties: research and development, production growth, marketing, sales, distribution, after-sales and general services. The main source of income for business visitors and the location of the main place of business must remain in the United States or Mexico, which means that business visitors cannot directly enter the Canadian labour market. While all NAFTA categories are exempt from LMIA, business visitors are the only category of NAFTA applicants that are also exempt from the need for a work permit as they do not participate in the Canadian labour market. In the event that a Canadian business has directly contracted workers from a non-Canadian organization, a representative of the foreign company performing administrations for the Canadian organization requires a work permit in Canada. The present circumstance regularly emerges with regards to the North American Free Trade Agreement (NAFTA). A specialist of an international organization ought not to be viewed as a business visitor just because the person does not straightforwardly get compensation from a Canadian source. Since there is an arrangement between the Canadian organization and the business of the unfamiliar specialist that there is a passage into the Canadian work market. Also since the foreign employer receives payment for the service provided, the employee is considered to receive payment from a Canadian source. Consequently, an employee cannot be accepted as a business visitor.
For instance, an agricultural project in Canada contracts for the services of an irrigation system installing firm from Mexico that sends a team to Canada to perform their services. The team is working in Canada and the firm is compensated for taking part in the project. As such, team members cannot be seen as business visitors to Canada, because they did not meet the requirements mentioned before.
Meeting all of the criteria is a really important moment because the one who makes the final decision on an individual's entrance to Canada, so it is better to prepare an invitation from the local company, contracts, travel tickets, contact details of both countries. The last word will be after the immigration official at the Canadian border, where you will have to explain your motivation for travel and your intention to return to the country of residence. If an officer is in doubt about the true reason for your trip, you may be denied entry to Canada. Besides, a business visitor can stay in Canada no longer than 6 months and is not an opportunity to immigrate to the country.
If you need help with Business Immigration to Canada or coming to Canada as Business Visitors or any related immigration services, please contact us or fill in application below.
