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CANADIAN IMMIGRATION: BUSINESS VISITORS
A business visitor is a foreign national who enters Canada as a
temporary resident to engage in international business activities
without directly entering the Canadian labour market. A business
visitor's primary source of remuneration must be located outside
Canada, and the principal place of business and the actual place
of accrual of profits must remain predominately outside Canada.
Note: A business visitor who is not a Visa
Exempt Foreign National must obtain a Temporary
Resident Visa.
Business Visitor may engage in the following activities without
having to obtain a Work Permit:
- Business Visitors under the North American Free Trade
Act (NAFTA). US or Mexican citizens who enter Canada
as short-term visitors to engage in activities described in Appendix
1603.A.1 NAFTA such as research and design; growth, manufacture
and production; marketing; sales; distribution; after-sales service;
and, general service.
- Business Visitors under the Canada-Chile Free Trade
Agreement (CCFTA). Chilean citizens who enter Canada
to engage in activities listed in Appendix
K - 03.I.1 CCFTA such as research and design; growth, manufacture
and production; marketing; sales; distribution; after-sales service;
and, general service.
- Purchasing. Purchasing Canadian goods or services
for a foreign business or government.
- Training. Receiving training or familiarization
in respect of Canadian goods or services purchased for a foreign
business or government.
- Intra-Company Training. Receiving or giving
training within a Canadian parent or subsidiary of a corporation
that employs them outside Canada, where the production of goods
or services that results from the training is incidental.
- Sales Representatives and Convention Exhibitors.
Representing a foreign business or government for the purpose
of negotiating a sale, or selling or exhibiting goods or services
for that business or government, provided the following conditions
are met:
(i) the business visitor is not engaged in making
sales to the general public in Canada,
(ii) the goods or services originate from outside
of Canada, and
(iii) the goods or services will not be delivered
or made available to the Canadian customer during the sales representative’s
visit to Canada (i.e., orders for the sale of the product may
be taken but the product cannot be delivered to the customer until
the sales representative has left Canada).
- Representatives of Direct Sales Organizations.
Representing a foreign direct sales organization for the purpose
of recruiting Canadian sales representatives, providing training
and motivation and assisting with initial presentations and sales
to Canadian customers. Foreign sales representatives may also
sell products directly, provided that the products are non- Canadian
products and provided that they are not delivered or made available
to the Canadian customer during the business visitor’s visit
to Canada (i.e., the seller may only to take orders for the products
at the time of the sale).
- After-Sales Service and Training. The performance
of certain types of specified after-sales service activities relating
to the repair setting up and testing of commercial or industrial
equipment (including computer software) but excluding hands-on
installation, building and construction work. This category also
includes: the repair or service of specialized equipment purchased
or leased outside Canada, provided the service is being performed
as part of the original or extended sales agreement, lease agreement,
warranty, or service contract; and, providing training to users
or maintenance staff of a Canadian organization after the installation
of specialized equipment purchased or leased outside Canada has
been completed.
- Domestic Servants of Visiting Employers. This
includes personal assistants, nannies and caregivers of persons
who are employed by persons who are in Canada as temporary residents.
Disclaimer: The information contained on this
site is intended to educate members of the public generally and is not intended
to provide legal or professional advice or solutions to individual problems.
If you require legal advice or assistance, you should consult a
Gaertner Tobin LLP lawyer at info@GTLLP.com.
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