When we are discussing being exempt from the Work Permit and discussing Business Visitor a common word comes out that is the After Sales Service Agreement. A lot of people are unsure what this is and how they can enter Canada smoothly as a foreign national.
After-sales/lease services include those provided by persons repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software). “Setting up” does not include hands-on installation generally performed by construction or building trades (electricians, pipe fitters, etc.). This also applies to persons seeking entry to repair or service specialized equipment, purchased or leased outside Canada, provided the service is being performed as part of the original or extended sales agreement, lease/rental agreement, warranty, or service contract. Persons coming to perform After Sales Service in the above scenarios are LMIA and Work Permit exempt. 3 Service personnel coming to perform service work on equipment or machinery that is either out of warranty, or where no service contract exists, continue to require an LMIA and a Work Permit.
For example, we have a Canadian company and the American company, the Canadian company decides to buy a product or equipment from the American company. The transaction takes place outside of Canada and the American company agrees to sign After Sales Service Agreement to provide services incase anything goes wrong with the equipment. So, if the equipment gets damaged the American company will send a technician to repair the product. The reason an American technician needs to be sent is because the Canadian company does not know how to fix the equipment nor they have a Canadian technician with the expertise to fix the equipment.
If you’re looking to send a technician into Canada be sure that the After Sales Agreement is included and very detailed such as what the terms are, what the technicians will be doing how long this agreement is valid for and much more.
If you are Business Visitor and are unsure what documents to include then please don’t hesitate to contact us and will be glad to assist you with your Business Visitor Visa application to show the immigration officer that you don’t need a Work Permit.
With Akrami & Associates there is always a way!!
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http://toimmigrate.com
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