Canadian Immigration Xperts

Business Visitors

A business visitor is described as a person who is intending to engage in a business activity but is not planning to enter the Canadian labour market. In other words, the business visitor must be entering Canada as a representative and on behalf of a business enterprise located in the United States or in Mexico. Therefore, if the foreign worker is looking to work for a Canadian employer, then they cannot apply under this category.

Qualifications:

To qualify as a business visitor under NAFTA, the foreign worker must meet certain requirements.

The foreign worker must describe the purpose of entry and provide proof of planning to engage in a business activity. Most commonly, a letter of attestation from the foreign worker’s employer is good evidence. This proof and/or letter of attestation must also show that the proposed business activity is international in scope, on behalf of the enterprise located in either the U.S. or Mexico, and that the foreign worker has no intention to enter the Canadian labour market.

Demonstrating that the foreign worker will not be entering the Canadian labour market must be done in a number of ways. Firstly, proof needs to be provided that the primary source of remuneration for the proposed business activity will take place outside of Canada. Secondly, it needs to be validates that the principal place of business and the main location of profit processing is also outside of Canada.

After-Sales Service Provision

If the business visitor is seeking entry under the after-sales service provision, then copies must be provided of the original sales or service agreement.

After-sales services include the installation, or repair or periodic servicing of commercial or industrial equipment, machinery or computer service. For example, the foreign worker is seeking to come to Canada to install a series of commercial or industrial products that the Canadian company has bought from his or her company. After-sales service personnel may also include those applicants coming to train or supervise any other workers performing installation, repair or maintenance work.

Immigration Documents and Length of Stay

Normally, business visitors are not be issued any immigration documents upon approval of their application. Because they are not entering the Canadian labour market, they do not need an work permit. Depending on the conditions and circumstances that the visitor is accepted upon, they may be issued a visitor record. If you are after-sales service personnel and your work in Canada will exceed a two day stay, you will be automatically issued a visitor record.

If approval is received, the business visitor will be granted entry for a period of up to 6 months.

If approval is received, the duration of the stay granted to the after-sales service personnel will normally be related to the length of time required to fulfill the service obligation with respect to a warranty or service contract.

IMPORANT TO NOTE: Business visitors, since they do not require work permit, have no application forms to complete and can apply upon arrival at a Canadian port of entry.
 

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