If you want to come to Canada as a business visitor to explore business opportunity or attend conferences, events and meetings, please know that there is such provision where you may not need a work permit and you can come just as a regular visitor. But obviously, there are some terms and conditions tied to that.

Sections 187(1) - (3) of Immigration and Refugee Protection Regulations (IRPR) specified those terms and conditions regarding a legitimate business visitor.  I will share those below and then explain a little bit more in layman’s term.   

 

Insights of the above regulations: 

“Work” is defined by Canadian law as any activity that is compensated with wages / commissions which directly competes with the activities of citizens or permanent residents of Canada in the Canadian labor market. Therefore, regardless of the source of compensation or whether the primary work location is outside of Canada, Canadian immigration officials concentrate on the nature of the activities to be performed in Canada and whether such activities impact the operations of the visiting Canadian entities (it can be any affiliate or client). Factors such as length of stay and location of salary payment (while in Canada) are insufficient grounds for requesting entrance as a business visitor. Furthermore, the fact that the traveler will simply be attending meetings does not entail that they will not be engaged in productive labor which may demand a work permit.

 

Below are some allowable activities for the business visitors without requiring a work permit:

• ·        Attending meetings which are of strictly non-Canada scope.
• ·        Receiving or providing training that has only incidental benefits (nothing operational) for the Canadian company.
• ·        Auditing the job contracted with a Canadian supplier before delivering to the requesting country.
• ·        Working remotely in Canada for a foreign country operation on projects that don't affect any Canadian organization (it can be any affiliate or client).
• ·        Negotiating or discussing new contracts with potential or current clients whose office is in Canada.
• ·        Providing after-sales support pursuant to the terms of an original sales agreement, purchased/leased outside of Canada.

 

Below are the factors / questions / concerns Canada Immigration authority may take into consideration to understand your legitimacy as a business visitor: 

• ·        Have you applied to enter Canada previously by any other means / application?
• ·        Have you applied for a work permit for Canada previously?   
• ·        What is your detailed agenda and reason for travelling to Canada for the site visit?
• ·        Will you be doing anything for the advantage of the Canadian company?
• ·        Will you be meeting with team members who work for a Canadian business entity or affiliate and collaborate with you or your team on projects?
• ·        Will you be attending any meetings those are directly related to the Canadian company's ongoing projects or activities?
• ·        Will you meet with or teach potential/existing clients or consumers in Canada?
• ·        What will be your frequency and average duration of each visit to Canada?

 

A business visitor visa is not impossible to obtain but surely little bit harder than obtaining a tourist visa. The simple reason behind that, it may potentially contradict an applicant who may require a work permit. Therefore, please seek legal advice and consult your situation before you take a wrong step. Please do keep in mind the applying for an application incorrectly may leave a permanent scar mark sometimes. Let’s be safe than sorry.

 

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.

If you find any information is untrue or misleading or think you deserve the credit for the write-up, please reach out to me at: [email protected] and I will adjust as per your request when you are right.