Do you qualify as a work-permit-exempt business visitor?

Foreign nationals generally require a work permit for legal authorization to work in Canada, but in certain scenarios you can be exempt from needing a work permit if you qualify as a business visitor.

Business visitors are foreign nationals who come to Canada to preform various business activities, but do not intend on entering the Canadian labour market. Due to the length and nature of their work, they can be exempt from needing a Canadian work permit.

This article will cover who does and does not qualify as a business visitor.

Not sure if you need a work permit? Consult an experienced immigration lawyer for free

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

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 but must demonstrate that they do not plan on entering the Canadian labour market.

To this end:

• The primary source of remuneration for business activities performed by the business visitor must be outside of Canada; and
• 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 must prove to immigration authorities that

• You plan to stay in Canada for less than six months (with the possibility of extensions);
• You do not plan on entering the Canadian labour market;
• The business activity that you (and your employer, if applicable) are conducting in Canada is international in scope;
• You (and your employer, if applicable) are not basing your primary business in Canada; and
• You (and your employer, if applicable) 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'll need to present all the necessary supporting documentation for admission into Canada, and you must

• Present a valid travel document (such as a passport);
• Have enough money to cover your stay in Canada and your return home;
• Plan to leave Canada at the end of your visit; and
• Not be inadmissable to Canada on account of criminality, national security, or medical reasons, or prior misrepresentation.

For example, you may 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; or
• 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 (PR) programs.

Some examples 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 or equipment;
• Individuals attending a board of directors' meetings; and
• Personal employees of short-term residents (<6 months) of Canada.

Who is not considered a business visitor?

Based on the criteria above, the following table provides examples of individuals working in Canada who will not be considered business visitors:

Reason for not being considered a business visitor	Situation
Entering the Canadian labour market	A 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 Canada	A 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 Canada	A 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 Canada	A 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 public	A foreign retailer is entering Canada to run a pop-up shop, selling directly to Canadian customers.

If you have any doubt as to whether you qualify as a business visitor, you might consider consulting with an experience immigration lawyer for peace of mind.

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

You should always be entirely truthful in your interactions with immigration and border officials.

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

Consult an experienced immigration lawyer for free