Canada Immigration Business Visitors> Library > Business Visitors
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:
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.
To qualify as a NAFTA/CCFTA Business Visitor conducting "after sales service" activities, the following requirements must be met by after sales service personnel:
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:
Equipment, machinery or computer software requirements:
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.
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.
To qualify as a NAFTA/CCFTA Business Visitor conducting "growth, manufacture and production" activities, the applicant must be:
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.
To qualify as a NAFTA/CCFTA Business Visitor conducting "marketing" activities, the applicant must either be:
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.
To qualify as a NAFTA/CCFTA Business Visitor conducting "sales" activities, the applicant must either be:
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.