Canada Immigration Business Visitors

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Requirements to Business Visitors

To qualify as a NAFTA/CCFTA Business Visitor the following conditions have to be met by individual and/or business he/she represents:

to be a citizen of the United States, Mexico or Chile;
indented to enter Canada to conduct activities relating to:
business activities has to be international in scope;
there is no intent to enter the Canadian labour market;
the primary source of remuneration remains outside Canada;
the principal place of business remains outside Canada, and
compliance with existing immigration requirements for temporary entry.

Necessary documentation

proof of American, Mexican or Chilean citizenship;
documentation to support that the purpose for entry is a business activity listed above;
evidence that the business activity is international in scope and that the person is not attempting to enter Canadian labour market. The business person can satisfy these requirements by demonstrating that:
- the primary source or remuneration in outside Canada; and
- the applicant's place of business remains outside Canada and the profits of the business are accumulating primarily outside Canada.

Duration

The duration of NAFTA/CCFTA Business Visitor status is for a period of up to six months. However, most business persons seeking entry to Canada as visitors typically intend on remaining in Canada for a brief period of time. Therefore, where a formal "Visitor Record" is issued, the duration of the Business Visitor status will be assessed based on the particular visa officer's determination as to the applicant's requirements, up to an initial maximum period of six months. Where no such "Visitor Record" is issued, NAFTA/CCFTA Business Visitors are authorized to enter and remain in Canada for a period of up to six months.

Distinction between NAFTA and CCFTA

Unlike NAFTA which is a tri partite agreement among Canada, Mexico and the United States, the CCFTA is a bi lateral agreement between Canada and Chile only. Even though much of the CCFTA is modeled after NAFTA, the CCFTA is not binding upon the United States or Mexico. Thus, citizens of Chile should not presume that any of the rights and privileges granted to them under the CCFTA will apply with respect to the USA or Mexico. Similarly, citizens of the USA and Mexico should not presume that any of the rights and privileges granted to them under NAFTA will apply with respect to Chile.

After sales service

To qualify as a NAFTA/CCFTA Business Visitor conducting "after sales service" activities, the following requirements must be met by after sales service personnel:

General:

possess citizenship of the United States, Mexico or Chile;
purpose of entry is to install, repair, supervise these functions, or train workers to perform services;
equipment or machinery (including computer software) is commercial or industrial (not household or personal);
equipment, machinery, or computer software was manufactured and purchased outside Canada;
work is pursuant to original sales contract and any warranty or service agreement incidental (connected) to the sale;
work is carried out during the validity of any warranty or service agreement or any extensions of it;
work requires specialized knowledge (which excludes hands on building and construction work);
compliance with existing immigration requirements for temporary entry.

After sales service includes the installation, repair, or servicing of commercial or industrial equipment, machinery or computer software. Installation includes only setting up and testing the commercial or industrial equipment, machinery or computer software. It does not include operating the equipment, machinery, or computer software for production and excludes hands on building and construction work. The term installation generally refers to activities which do not include hands on building and construction work, such as installation of computer software.

Person may be granted entry to install, repair and maintain equipment, machinery and computer software or to supervise and train workers performing installation, repair and maintenance of such equipment. Entry shall not be granted to any temporary worker who will be performing hands on building and construction work even if the sales, warranty or service agreement specifies that their services be provided. Person granted entry to train or to supervise may also train or supervise the workers who are doing the hands on building and construction work.

Special knowledge: The person seeking entry must possess specialized knowledge essential to the seller's contractual obligation. Specialized knowledge is considered to be a very high degree of knowledge only given to an already skilled person through extensive training. In determining whether the person possesses specialized knowledge, the following factors should be considered:

the skill and/or knowledge level necessary to perform the proposed activity in Canada;
the high level of skill or knowledge the person possesses as indicated by a relevant post secondary degree or diploma, or by licensing, certification or accreditation issued by authorities body;
additional training, whether in class or on the job, which is essential for providing the service;
the person must be employed by an enterprise established in the United States, Mexico or Chile;
the person's proposed activities in Canada must be supported by clear wording in a sales warranty or service contract.

Equipment, machinery or computer software requirements:

The equipment or machinery, or computer software must be for use in a commercial or industrial setting. The after sales service provision does not apply to household or personal goods or appliances.
The commercial or industrial equipment or machinery or the computer software must have been manufactured outside Canada.
The commercial or industrial equipment or machinery or the computer software must have been purchased from a manufacture or distributor located outside of Canada.

Third party service: Third party service occurs when a seller located outside Canada (in the United States, Mexico, Chile or in another country) contracts the after sales servicing to another firm (a third party). The third party must be established in the United States, Mexico or Chile. There must be clear wording in the sales agreement that specifies that a third party will perform the installation, warranty or service work. Unless such wording exists, there is no evidence that the third party service is incidental to the sale. However the firm need not be named in the agreement, as it may take time for the firm to be identified.

Research and design

To qualify as a NAFTA/CCFTA Business Visitor conducting "research and design" activities, the applicant must be a technical, scientific or statistical researcher conducting independent research or research for an enterprise located in the United States, Mexico or Chile.

Growth, Manufacture and Production

To qualify as a NAFTA/CCFTA Business Visitor conducting "growth, manufacture and production" activities, the applicant must be:

harvester owner supervising a harvesting crew admitted under applicable law;
purchasing and production management personnel conducting commercial transactions for an enterprise located in the United States, Mexico or Chile.

Note: "Harvester" refers to a machine used for gathering agricultural crops, such as, grains, fruits and vegetables.

Note: "Supervising" does not include hands on work.

Note: "Applicable law" refers to Human Resources Centre validation and employment authorization documentation

Marketing

To qualify as a NAFTA/CCFTA Business Visitor conducting "marketing" activities, the applicant must either be:

Market researcher and analyst conducting independent research and/or analysis for an enterprise located in the United States, Mexico or Chile, or
Trade fair and promotional personnel attending a trade convention.

Note: Where the business of the convention involves sales rather then simple promotion, the provisions under Sales apply.

Note: Organizers of trade fairs whose exhibitors are wholly of American, Mexican or Chilean origin may be granted entry under provision.

Sales

To qualify as a NAFTA/CCFTA Business Visitor conducting "sales" activities, the applicant must either be:

Sales representative and/or agent taking orders or negotiating contracts for goods or services for an enterprise located in the United States, Mexico or Chile but not delivering goods or providing services, or
Buyer purchasing for an enterprise located in the United States, Mexico or Chile.

Note: Sales representatives and agents cannot sell Canadian made goods or services provided by a Canadian.

Note: This provision allows persons to sell to the general public, provided that the goods or services are not delivered or available to the buyer at the time of sale (on the same business trip). The seller may take orders for the goods or enter into contracts for the services.

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