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Immigration Lawyers for Business Visits to Canada
At Jain Immigration Law, when analyzing scenarios relating to visiting Canada for business or visiting Canada without a work permit, our Founder is fond of saying that it’s important to inquire as to ‘frequency and duration.’ If coming for too long or too frequently, border officers may refuse entry and ask you to apply for a work permit. When looking for a lawyer for Canadian business visits, it’s important to distinguish business visits from activities which require work permits. If a work permit is required, there are two types: 1) Temporary Foreign Worker Program work permits (which involve getting approval from Canada’s Department of Labour and then obtaining a work permit) and 2) the International Mobility Program (which involves obtaining a work permit without the need of Department of Labour approval).
The general rule for business visitors is that you cannot be entering the labour market here, competing with Canadians. If you are being paid by an employer outside of Canada and you normally work outside of Canada and the business which is benefitting from your activities in Canada is outside of Canada, you’re in good shape. However, this must be carefully documented and our lawyers can expertly assist.
There are other types of business visitors, including those looking to buy Canadian goods and employees needing to come to Canada for training here at a Company related to the one they work at abroad.
How Can Jain Immigration Law Help Your Business?
Jain Immigration Law will screen for potential issues (a foreign DUI conviction can lead to refusal of admission) and will assist with ensuring you carry proper documentation with you, such as a letter from your employer which we will help draft.
Business Visitor Streams
Global Skills Strategy
It is possible to enter the labour market and actually work but as a business visitor (without the need of a work permit) if your job is considered ‘high skilled’ and you are coming for a short time. Under the Global Skills Strategy, you could enter Canada for up to 15 days (but then you cannot enter in this same way for another 6 months) or for 30 days (but then you cannot enter in this way for another year).
After Sales Service / Warranty
It is possible to enter Canada as a business visitor if a service contract exists relating to specialized commercial or industrial equipment which was purchased abroad. In that case, you may enter to repair, service, set up, test or supervise work. Contracts must be scrutinized carefully so please contact us for a proper assessment.
Entertainment Business Visitors
There are specific rules for actors, artists, technicians and others who work in film, TV, theatre and radio. There is also specific guidance for the American Federation of Musicians of the US and Canada (AFM), those coming in to judge art, buskers, circus performers, conductors, film co-producers, film producers employed by non-Canadian companies, film and recording studio users, guest artists, the World Wrestling Entertainment (WWE) and those coming for permanent jobs in performing arts venues.
Athletes
Professional and amateur athletes may enter Canada individually or with a team. Those who support athletes, such as coaches and trainers may enter too.
The Immigration Department has provided further guidance here.
Business Meeting
It is important to inquire as to ‘frequency and duration.’ If coming for too long or too frequently, border officers may refuse entry and ask you to apply for a work permit. A Board of Director may enter for a Board Meeting and individuals may enter to attend meetings provided they are not entering the labour market here, competing with Canadians. If you are being paid by an employer outside of Canada and you normally work outside of Canada and the business which is benefitting from your activities in Canada is outside of Canada, this should be carefully documented and we can assist.
Conference/Conventions and Public Speakers
If you’re visiting the country as a keynote speaker, conference attendee, seminar
leader, or something similar, you may be able to enter the country without a work permit. An experienced immigration lawyer can help you understand your work
permit obligations before you decide to travel.
Canadian Immigration Lawyers for Workers
This can be a complex area of law and it can be difficult even for officers to determine when a work permit is needed and when someone may enter as a business visitor. For further information on the various types of work permits, see here:
● Temporary Foreign Worker Program (TFWP) based on Labour Market Impact Assessments
● LMIA-Exempt Work Permits (The International Mobilty Program)
Business Immigration Law Frequently Asked Questions
How can I avoid getting flagged by Canadian customs for business visits?
To avoid unnecessary stress, we recommend you contact us for an appointment. It’s important that you tell your story to us and explain the nature of your visit, how often you wish to come to Canada and how long you intend to stay each time. You do not want to sent to ‘secondary inspection’ or flagged or denied entry.
What are the steps required to determine what permit I might or might not need when visiting Canada?
Canadian immigration law is complex when it comes to whether you may enter as a business visitor or whether a particular work permit category could apply to you. If you do need a work permit, it’s best to avoid having to first get approval from our Department of Labour. Please contact us at [email protected] so we may learn more about your situation.
Business Visitor News & Legal Insights
Canadian Employer Compliance: Recent Developments
The following is from a recent presentation at the 2023 American Immigration Lawyers Association / GMS Annual Global Migration Forum presented by the founder of Jain Immigration, Ravi Jain.
Introduction and Background
Before I discuss recent developments in employer compliance,...
CILA: Governmental Barriers to Accessing Global Talent Stream
Founder of Jain Immigration Law, Ravi Jain recently co-authored a piece on the Canadian Immigration Lawyers Association website, with fellow immigration lawyer Betsy Kane, where they discussed the Canadian government’s “Global Skills Strategy” to help employers attract highly skilled top...
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Canada’s Tech Talent Strategy