North American Free Trade Agreement (NAFTA) Business Visitor

NAFTA Business Visitor

This is an extremely broad category that is geared at facilitating the entry of people to Canada who intend to engage in business or trade activities. These activities, however, must mirror the criteria of being a business visitor to be considered as such. Not all business or trade-related activities are acceptable.

The following criteria must be met:

• There must be no intent to enter the Canadian labour market, that is, no gainful employment in Canada.
• The activity of the foreign worker must be international in scope, meaning there is the existence of an underlying cross-border business activity, e.g. after-sales service
• There is the existence of a foreign employer
• The primary source of the worker’s remuneration remains outside of Canada
• The principal place of the worker’s employer is located outside of Canada
• The accrual of profits of the worker’s employer is located outside of Canada

When travelling to Canada with the above intentions, business visitors should have all relevant documents on hand to present to the officer when seeking entry to Canada. Such documentation should include:

• letters of support from the business visitor’s parent company
• a letter of invitation from the Canadian host business.

A verbal statement that the business of the applicant is being carried on outside Canada can be acceptable at the officer’s discretion. However, you should be able to provide some alternative evidence to support your claim. If an officer is unsatisfied that you meet the required criteria or that you intend to enter the Canadian labour market without prior authorization, they will refuse your entry. Some examples of acceptable duties as a business visitor might be:

After Sales or Lease Services

Warranty or Service Agreements

After Sales or Lease Services

After-sales lease services include those provided by people repairing and servicing, supervising installation, and setting up and testing commercial or industrial equipment (including computer software). This does not include hands-on installation generally performed by construction or building trades (electricians, pipe fitters, etc.).

Warranty or Service Agreements

Service contracts must have been negotiated as part of the original sales or lease/rental agreements or be an extension of an original agreement. For example, this may occur when a Canadian company purchases equipment from the United States as well as a warranty for the product. Should that product require servicing and the nature of service exists on the original contract, the service technician required would be a business visitor. Service contracts negotiated with third parties after the signing of the sales or lease/rental agreement are not covered by this exemption. If, however, the original sales agreement indicates that a third company has been or will be contracted to service the equipment, this still applies.

We can Help You!

We have dealt with hundreds of immigration cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you from hassle.