BUSINESS-VISA

EXAMPLES INCLUDE THOSE BUSINESS VISITORS WHO ARE IN CANADA:

• To have a business meeting with the representatives of those Canadian companies which are doing business in the country of the Visitor.
• To execute any future expansion plan in Canada and are here for critical observations or site visits.
• Attending business meetings, conferences, conventions, fairs, etc.
• Buying Canadian goods or services on behalf of a foreign entity.
• Taking orders for goods or services.
• Providing after-sales service, excluding hands-on work in the construction trades.
• Being trained by a Canadian parent company for work outside of Canada.
• Training employees of a Canadian subsidiary of a foreign company.
• To understand the requirements of a Canadian company which has invited them for advance training regarding operations, sales or functioning of their products Business visitors don’t need a work permit, for these type of activities, to come to Canada. But these visitors must prove that their main source of income and their main place of business is outside Canada. They are paid or are earning from the company or concern who is based and operating outside Canada.

BUSINESS VISITOR MUST AFFIRM:

• No intent to enter the Canadian labour market means no gainful employment in the Canada.
• All activities in Canada are of international in scope only

IF WORKING FOR A FOREIGN EMPLOYER, THEY MUST ASSURE THAT:

• Their remuneration is compensated from the source which is outside Canada.
• Their company, which they operate or work for, is located outside Canada.
• Their company is primarily making profits from its operations, outside Canada.

FOREIGN EMPLOYEES VISITING CANADA FOR ‘AFTER SALES SERVICE’

Canadian company might need employees of foreign company for special kind of repairs or services or as supervise installers and to set up and test commercial or industrial equipment or to train prospective users or maintenance staff in the operation of specialized equipment. Such services must be part of the contractual obligation in the contract of sale for the equipment in Canada.

ATTENDING BOARD OF DIRECTORS MEETINGS

Members of a board of directors who enter Canada to attend a meeting of Board of Directors, are eligible to do so as business visitors. These member might get paid for their time spent in Canada but they are working and being paid by a foreign company so this does mean that they are entering Canadian labour market.

EMPLOYEES OF THE TEMPORARY RESIDENTS

Professions or the specialised staff might coming to Canada as business visitor might be eligible for a domestic servants or a personal assistants or live-in caregivers. All this staff will be consider as Temporary business visitor if these foreign worker work for the senior employees of the foreign company and are paid by the foreign company. If the temporary resident, and subsequently their employee(s), extends their stay for more than 6 months or they are being paid from the Canadian operations, they will be considered as entering Canadian Labour Market so a Labour Market Opinion and Work Permit might be required.

BUSINESS PEOPLE UNDER FREE TRADE AGREEMENT

Business visitors are different from business people as defined in Free Trade Agreements. Business people come to do work in Canada under a free trade agreement like NAFTA (North American Free Trade Agreement) and few other trade agreements. Under NAFTA all business visitors coming in to do after-sales services for work periods longer than 2 days must be documented in a Visitor Record. This requirement is for facilitation and a control measure.
Despite having a valid TRV or eTA, a CBSA officer at the Canadian Port of Entry has all right to refuse admission to any foreign traveller if after examination of documents or initial interview, he is of the view that there is a difference between what is being presented now from the one which was presented at the time of seeking visa. The most important consideration is whether the person will leave Canada at the expiry of his visitor status or not. So all visitors must demonstrate that the purpose of their visit to Canada is of a temporary nature and they are here for the same reason as they have mentioned at time of their application.