The business visitor visa for Canada

In many cases, those coming to Canada for business need only a Canadian business visitor visa, without a Canadian work permit.

Overview of the business visitor visa for Canada

Canada is one of the world’s largest economies, attracting thousands of short-term business visitors each year. With an internationally market-oriented economy, membership of the OECD and the G7, and as a signatory to the Canada–United States–Mexico Agreement (CUSMA), Canada works to ensure that business visitors can come to Canada on business trips through the business visitor visa.

Depending on the nature of the work and the individual’s nationality, some business visitors may hold a business visitor visa to enter the country to conduct business or commercial activity without a work permit.

Those wishing to hold a business visitor visa for Canada must demonstrate the following:

• They intend to stay for less than 6 months.
• They do not plan to enter the Canadian labour market.
• Their principal place of business and their source of income and profits lie outside Canada.
• They hold documents supporting their application.
• They meet Canada’s basic entry requirements, because they:
  • Hold a valid travel document, such as a passport.
  • Have sufficient funds for their stay and for the return home.
  • Intend to leave Canada at the end of their visit.
  • Do not pose a criminal, security or health risk to Canadians.

There are a number of reasons an individual may come to Canada as a business visitor, including:

• Attending business meetings, conferences, seminars, trade fairs and the like.
• Purchasing Canadian goods or services on behalf of a foreign entity.
• Taking orders for goods or services.
• Providing after-sales services, excluding hands-on work in the construction trades.
• Being trained by a Canadian parent company for work outside Canada.
• Training the staff of a Canadian subsidiary of a foreign company.

Business visitors to Canada may needTemporary Resident Visa (TRV)orElectronic Travel Authorisation (eTA).

Allowing international businesspeople to do business in Canada is important to the country’s continued economic success. Equally, countries with strong trade agreements and economic partnerships with Canada usually allow Canadian business visitors to enter their own countries as smoothly as possible. Business visa reciprocity is an important aspect of Canada’s business prospects and economic success.

After-sales or lease services

Individuals repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software) may be considered business visitors and may therefore not require a Canadian work permit, being able instead to hold a business visitor visa to enter Canada.

Setting up does not include hands-on installation usually carried out by the construction or building trades, such as electricians or pipefitters.

This rule also applies to individuals seeking entry to repair or service specialised equipment purchased or leased outside Canada, provided the service is performed as part of the original or extended sales agreement, lease/rental agreement, warranty or service contract.

After-sales and lease services also cover situations in which the sale or lease agreement or purchase order is for a software upgrade to operate equipment previously sold or leased.

A service employee coming to Canada to install, configure or provide training on upgraded software may be considered a business visitor and may be issued a business visitor visa. The sale or lease agreement or purchase order for the upgraded software is a new contract for a new product. Please note that hands-on building and construction work is not covered by this rule.

Warranties or service contracts

For warranties or service contracts, the contracts must have been negotiated as part of the original sale or lease/rental agreement, or as an extension of the original agreement, for the foreign national to be considered a business visitor.

Service contracts negotiated with a third party after the sale or lease/rental agreement was signed are not covered by this rule. Where work performed in Canada is not covered by warranty, a work permit is usually required, together with anLabour Market Impact Assessment (LMIA).

Individuals not considered business visitors

Where a Canadian employer has directly contracted services from a non-Canadian company, the foreign company’s employees performing the service for the Canadian company require a Canadian work permit.

This situation arises most often in the context of the Canada–United States–Mexico Agreement (formerly the North American Free Trade Agreement, or NAFTA). A service provider is not considered a business visitor merely because they do not receive remuneration directly from a Canadian source.

Because there is a contract between the Canadian company and the foreign worker’s employer, there is entry into the Canadian labour market. And because the foreign employer receives payment for the service being provided, the worker is treated as receiving payment from a Canadian source. The worker therefore cannot be considered a business visitor.

For example, an infrastructure project in Canada contracts the services of an urban planning firm based in the United States, which sends a small team to Canada to work on site. The team members are working in Canada, and the firm is receiving remuneration for taking part in the project. The team members therefore do not meet the criteria for business visitors to Canada.

Individuals planning to enter the Canadian labour market may need a temporary work permit.

Other individuals working in Canada for short periods and in certain situations may work in Canada without a work permit, while not necessarily being considered business visitors.

Find out more about the Canadian business visitor visa on the government website athere.