Note: There are numerous reasons why an individual may need come to Canada as a business visitor. These include:
- Take part in conferences, conventions, fairs, business meetings…
- On behalf of a foreign entity, buying Canadian goods or services
- Obtaining orders for goods or services
- Providing after-sales service (excluding hands-on work in the construction trades)
- Being trained for work outside of Canada by a Canadian parent company
- Training employees of a Canadian subsidiary (of a foreign company)
To add, the Business Visitor category facilitates entry for individuals (without a work permit) who take part in business or trade activities in the country but will not set foot in the Canadian labour market. Individuals who are hoping to enter the Canadian labour market may need a Temporary Work Permit. Furthermore, a Business Visitor may still need a Temporary Resident Visa or an eTA (electronic Travel Authorization) to enter the country on a temporary basis.
There are numerous subdivisions under this category, however, every single business visitors has to meet the following general criteria:
1. There has to be no intent to enter the Canadian labour market – there will be no gainful employment in the country.
2. The worker’s activity in the country have to be international in scope – it is assumed that a business visitor will take part in cross-border activity of some sort.
3. The following criteria are assumed for business visitors in the country working for a foreign employer:
- The first source of the worker’s compensation is outside of Canada
- The main place of employment is situated outside of Canada
- The employer’s profits is accumulated outside of Canada
As the moment comes to travelling to Canada, a business visitors must be ready to show immigration officials with documentation that attests to their intended status in the country. Please note that this documentation will differ on a case-by-case basis. Usually, items such as a letter of invitation from a Canadian company or letter of support from a parent company can aid to bolster one’s likelihood of being welcomed in the country as a business visitor.
Business visitors could fall into these sub-categories:
After Sales Service
Generally, after-sales service providers could enter Canada to repair/service/supervise installers/set up and test industrial or commercial equipment. Such services has to be detailed in the contract of sale for the equipment in the country. Additionally, people arriving to Canada to train prospective users or maintenance staff in the operation of specialized equipment could fall under this category as well.
Board of Directors Meetings
Truth be told is that members of a board of directors who need to enter the country to take part in a meeting are able to do so as business visitors. Although these individuals could be remunerated for their time in the country, this does not account for entry into the Canadian labour market.
Employees of Short-Term Temporary Residents
Those individuals who are employed in a personal capacity (on a full-time basis), by temporary residents in the country could be considered business visitors. Under this category, professions that might be eligible include personal assistants, domestic servants, or live-in caregivers. In case the short-term temporary resident (and subsequently their employee(s)) furthers their stay past 6 months, a Labour Market Opinion and Work Permit may require to be secured for the employee(s).
Employees of Foreign Companies Contracting Canadian Companies
Situations come to light in which foreign companies contract Canadian companies to give services in the country. In situations like this, the foreign company may want to send one or more employees to Canada to make sure that the work is being carried out properly (in a way that pleases the foreign company).
Suppose an employee of a foreign company is sent to Canada for this reason, they may be considered a business visitor if they meet the following criteria:
- They stay an employee of the foreign company;
- They stay on the payroll of the foreign company;
- The foreign company stays the beneficiary of the employee’s efforts; and
- The foreign company’s principal place of business stays outside of Canada.
In this category, a business visitor could stay in the country for up to 2 years.