A business visitor is a foreign worker who seeks to enter Canada to perform international business activities for his/her employer without directly entering the Canadian labour market. For example, business visitors will seek to enter Canada to perform work that is international in scope and will not try to become employed with a Canadian employer. The place where the business visitor regularly works and the source of the business visitor’s wage must both be located outside of Canada. Also, the business visitor’s employer must make their profits outside of Canada.
When trying to enter Canada as a business visitor, a foreign worker should have relevant documents such as:
- A letter of support from the foreign company that employs the worker
- A letter of invitation from the Canadian business that is hosting the business visitor
- A statement proving that the foreign worker’s employer carries on business outside of Canada
Many business visitors to Canada are those who work in After-Sales or Lease Services.
These services include:
- Repairing, servicing, setting up and testing commercial equipment or industrial equipment (including software). Note: “Setting up” does not include general, hands-on installation that is done by those working in construction or building trades.
- Supervising the workers who perform the services above. One business visitor supervisor will usually supervise five to ten workers.
- Repairing or servicing specialized equipment that was bought or leased outside of Canada. A business visitor may only come to Canada to do this work if the service is being performed as part of:
- An original or extended sales contract or;
- A lease/rental contract or;
- A warranty or;
- A service contract.
- Coming to Canada to install, configure or give training on upgraded software that operates on equipment that has already been sold or leased. A business visitor may only come to Canada to do this work if the service is being performed as part of:
- An original or extended sales contract or;
- A lease/rental contract or;
- A warranty or;
- A service contract.
- Entering Canada to provide training services to users and maintenance staff concerning the use of specialized equipment that was bought outside of Canada
- Entering Canada to provide training to employees of a branch or subsidiary company of the business visitor’s employer. The business visitor’s employer must be located outside of Canada.
Other individuals who may work as business visitors in Canada without a work permit include:
- Individuals entering Canada to attend a Board of Director’s meeting
- Workers employed on a full-time basis by people who themselves are short-term, temporary residents of Canada. This group includes domestic workers, nannies and caregivers. If the employer extends their stay in Canada beyond 6 months, however, the business visitor will have to seek a work permit and LMIA in order to remain in Canada.
- Individuals working for a foreign company who have been sent to Canada in order to inspect the quality of a product that the foreign company purchased from a Canadian company. In this case, the person will be considered a business visitor as long as he/she remains an employee of the foreign company.
