Foreign nationals need a work permit for legal authorization to work in Canada. However, in certain scenarios, you can be exempt from requiring a work permit if you qualify as a business visitor. Here’s how you can know if you qualify as a work permit-exempt business visitor. 

Well, business visitors are foreign nationals who come to Canada to perform various business activities, but do not intend on entering the Canadian labor market. Because of the length and nature of their work, they can be exempt from requiring a Canadian work permit. 

Even if exempt from needing a work permit, a business visitor will still need a visa or electronic Travel Authorization to enter Canada, unless they are visa exempt. 

Moreover, visa and eTA requirements vary based on the foreign national’s citizenship.

Who Is Considered A Business Visitor? 

Business visitors are foreign nationals who seek to engage in international business activity while in Canada. These individuals can conduct business activities in the country. However, they should demonstrate that they do not plan on entering the Canadian labor market. 

To this end: 

  • The primary source of remuneration for business activities performed by the business visitor should be outside of Canada
  • The primary place of business of the visitor’s employer, and the actual place where profits are accrued as a result of the business visitor’s actions, is predominantly outside of Canada

If you wish to qualify as a business visitor under current regulations, you should prove to immigration authorities that:

  • You plan to stay in Canada for less than six months
  • You do not plan on entering the Canadian labor market 
  • The business activity that you are conducting in Canada is international in scope
  • You are not basing your primary business in Canada
  • You are not primarily generating income and profits from a Canadian source

In addition to meeting the above requirements to be considered a business visitor, you must meet basic requirements for entering Canada as a visitor. You will need to present all the necessary supporting documentation for admission into Canada, and you must: 

  • Present a valid travel document
  • Have enough money to cover your stay in Canada and your return home
  • Plan to leave Canada at the end of your visit 
  • Not be inadmissible to Canada on account of criminality, national security, or medical reasons, or prior misinterpretation 

In order to know if you qualify as a work permit-exempt business visitor, you need to fulfill certain criteria. Well, you might be considered a business visitor if you: 

  • Are purchasing Canadian goods and services in Canada for a foreign business or government, and/or are receiving training or instruction with respect to such goods and services
  • Are receiving or giving training to a Canadian parent or subsidiary company of the business that employs you outside of Canada. In this scenario, any production of goods or services that results from the training must be incidental
  • Are representing a foreign business or government for the purposes of selling goods on behalf of said entity. In these cases, you must not be engaged in making sales to the general public.

Any work experience you gain as a business visitor within Canada does not count toward in-Canada work experience for the purpose of qualifying for Canadian permanent residence programs. 

Some instances of common kinds of business visitors to Canada include: 

  • After-sales service providers who provide support to a Canadian entity as part of a warranty or sales agreement 
  • Supervisors presiding over the installation or dismantling of machinery/ equipment
  • Individuals attending board of directors’ meetings 
  • Personal employees of short-term residents of Canada 

Who Is Not Considered A Business Visitor?

In order to know if you qualify as a work permit-exempt business visitor, have a look at the following table. The table provides examples of individuals working in Canada who will not be considered business visitors: 

Reason For Not Being Considered As A Business Visitor Situation 
Entering the Canadian labour marketA software developer is hired by a Canadian company to work on-site in Canada on a project, with remuneration paid by the Canadian employer.
Primary source of remuneration is in CanadaA freelance consultant from the United States has been contracted by a Canadian company to provide marketing strategies, paid directly by the Canadian company.
Principal place of business is in CanadaA foreign national is employed by a Canadian start-up that operates solely in Canada, contributing directly to the start-up’s goals.
Profits accrue in CanadaA company is setting up operations in Canada, and sends a foreign salesperson to sell products to Canadian customers, with profits staying in Canada.
Engaging with the general publicA foreign retailer is entering Canada to run a pop-up shop, selling directly to Canadian customers.

If you have any doubt if you qualify as a business visitor, you might consider consulting with an immigration lawyer. 

Even if you are sure you qualify, an immigration lawyer can also help you prepare appropriate documentation to present to border authorities to reduce the risk of being refused entry. 

Moreover, you must always be entirely truthful in your interactions with immigration and border officials. 

Errors or omissions of relevant information can be a kind of misinterpretation. This can lead to a five-year ban on entering Canada. You can be found guilty of misinterpretation even if your errors were honest mistakes made while acting in good faith.  

If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].