According to certain regulations, there are some exemptions to the requirement of a Work Permit in order to work in Canada. Our video explains regulation 186 and how you might not need a work permit to work in Canada!
Work Permit Regulation 186 Working Without a Work Permit
There are activities in Canada that can be performed, that actually do not require a Work Permit, this means working without a Work Permit. These types of activities are governed under Business Regulation Section 186. So, if you look at that regulation there are general criteria to keep in mind to ensure that you don’t need a Work Permit. These include:
- No intent to enter the Canadian labour market that is no gainful employment in Canada. So you cannot come to Canada and possibly have a job offer from a Canadian employer.
- Foreign activities must be international in scope and there is a presumption of the underlying cross border business activities (eg. After Sales Service Agreement)
An example of cross border activity and After Sales Service Agreement would be a Canadian company and an American company have an After Sales Service Agreement and the agreement outlines that the Canadian company has bought this refrigerator from the US. The refrigerator has a warranty agreement of two years or more in which an American technicians would come and train the Canadian technicians for repair in case it breaks down. Usually, an agreement as such would take place when the company that purchased the product in this case the Canadian company has no expertise in this product as the expertise lies outside of Canada. Therefore, the foreign company has the responsibility to ensure they meet the service agreement.
Wage received has to be from outside of Canada- meaning the technicians that come in to fix the product or train the employees, the employees' salary has to be outside of Canada and the Canadian company cannot compensate the technician for their services. The example of the technician mentioned above, he will come and service the refrigerator for one or two days and then go back to his or her employment in the United States. He has an employer outside of Canada that will pay for his services performed in Canada.
- occurred profits has to be outside of Canada
If you are travelling to work for Canada and not sure if you require a Work Permit or exempt from it then contact Akrami & Associates today. Our immigrate experts will evaluate your situation and determine if you are exempt or need to apply for a Work Permit.
With Akrami & Associates there is always a way!!
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