Assessing travel and visa obligations in China

When traveling to China, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to China, you may engage in the activities below, depending on the type of visa obtained. The most common types of visas for business visitors are the M Visa, Visa on Arrival, F Visa and Foreign Talent (R) Visa. While this list is not exhaustive and other activities could qualify as business, depending on the visa held, you may:

  • Attend business meetings, conferences, or seminars
  • Attend or give lectures
  • Tour a current project site or factory floor

 

If I qualify as a business visitor, do I need a visa for China?

Most foreign nationals, including nationals of the United States and the European Union member states, are required to obtain a visa for business activities from a Chinese Consulate or Embassy prior to travel. Only nationals from select countries are eligible for visa waiver status, which allows visitors to enter and conduct business activities in China. Please obtain an individual assessment prior to travel to determine your eligibility for a visa waiver.

Foreign nationals traveling to China for emergency business purposes may be eligible to obtain a Visa on Arrival (also called Landing Visa) upon arriving in China. Please obtain an individual assessment prior to travel to determine your eligibility for a Visa on Arrival.


Working in China

What types of activities require a work permit?

The activities below, whether paid or unpaid, generally constitute work under Chinese law. This list is not exhaustive, and many other professional activities are considered work in China, even if conducted for a short duration.

  • Participating in trade shows and making direct sales to the public
  • Performing repairs (including emergency repairs)
  • Performing maintenance

In limited circumstances, foreign nationals may engage in certain professional activities without obtaining work authorization, including while on short-term assignment, although strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.

 

If I am traveling to China for work, what type of work permit do I need?

The requirements for a work permit depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in China. Most foreign nationals working in China must obtain a Z Visa, Work Permit Card and Residence Permit when working in China. The most common Chinese work permits are:

  • Category A Work Permit Card and Residence Permit Card (long-term work authorization for high-level experts in science, high-tech and special talents)
  • Category B Work Permit Card and Residence Permit Card (long-term work authorization for market-demand talents)
  • Category C Work Permit Card and Residence Permit Card (long-term work authorization for temporary/service market workers)

 

Is it possible to be exempted from work permit requirements?

Residents of Hong Kong SAR PRC, Macau SAR PRC and Taiwan PRC are not required to obtain a work permit in order to work in Mainland China. However, other formalities are required prior to working or residing in Mainland China.

 


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in Vietnam

When traveling to Vietnam, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Vietnam, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend business meetings
  • Buy goods for sale outside the country
  • Tour a company facility
  • Receive classroom or technical training

 

If I qualify as a business visitor, do I need a visa for Vietnam?

Most foreign nationals, including those of the United States and the European Union member states, are required to obtain a visa to enter Vietnam as a business visitor.

Select nationalities are eligible to obtain an e-Visa prior to travel. Only nationals from select countries are eligible for visa waiver status, which allows visitors to enter and conduct business activities in Vietnam.

Those ineligible for a visa waiver or e-Visa must apply for a Business Visa from a Vietnamese Embassy or Consulate prior to traveling. Depending on nationality and circumstances, visas on arrival are available, provided that appropriate pre-approval has been obtained. However, it is strongly recommended that business visitors obtain an e-Visa or consular visa prior to travel. An individual assessment is required before traveling to determine your eligibility for a visa waiver, e-Visa, visa on arrival or Business Visa.

Vietnam is a member of the Asia-Pacific Economic Cooperation (APEC), and foreign nationals in possession of a valid APEC Business Travel Card (ABTC) endorsed with a “Valid for travel to VNM” are eligible to enter Vietnam on visa-waivered status.


Working in Vietnam

What types of activities require a work permit?

The activities below, whether paid or unpaid, generally constitute work under Vietnamese law. This list is not exhaustive, and many other professional activities are considered work in Vietnam, even if conducted for a short duration.

  • Hands-on technical work
  • Repairs and maintenance
  • Consulting

In limited circumstances, foreign nationals may engage in certain short-term professional activities without obtaining work authorization, although strict preconditions must be met. An individual assessment is recommended to determine whether a work authorization exemption is applicable.

 

If I am traveling to Vietnam for work, what type of work permit do I need?

The requirements for a work permit depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Vietnam. The most common Vietnamese work permits are:

  • Work Permit – Local Hire (direct-hire work permit)
  • Work Permit – Assignment (assignee work permit)

 

Is it possible to be exempted from work authorization requirements?

Work permit exemption certificates are available in Vietnam for certain groups and professions, including foreign journalists, students and various others. In these cases, a legal assessment to determine the possibilities for a work permit exemption should be obtained prior to traveling.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in Thailand

When traveling to Thailand, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Thailand, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend internal board or director’s meetings.
  • Buy products at a trade show.
  • Attend lectures for training or technical seminars.

 

If I qualify as a business visitor, do I need a visa for Thailand?

In general, foreign nationals seeking to travel to Thailand for business purposes should obtain a Non-Immigrant B Visa from a Thai Consulate or Embassy prior to arrival. While certain nationals may be eligible to enter Thailand on visa-waivered status or with a Visa on Arrival, this should be done with caution and is generally not recommended for business purposes. Please consult your immigration counsel before traveling to ensure compliance.


Working in Thailand

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Thai law. This list is not exhaustive, and many other professional activities are considered work in Thailand, even if conducted for a short duration.

  • Machinery repair or installation
  • Quality inspections of products
  • Launching products or services
  • Consulting

 

If I am traveling to Thailand for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications and on the nature and duration of your work. The most common Thai work permits are:

  • Urgent Work Permit (short-term work authorization)
  • Regular Work Permit (long-term work authorization)
  • 10-Year Long-Term Resident (LTR) Visa and Work Permit (long-term work authorization for certain high-potential foreign nationals, including remote workers for well-established overseas companies)
  • Eastern Economic Corridor (EEC) Visas and Work Permits (long-term work authorizations for foreign national employees of eligible investor companies)
  • Destination Thailand Visa (it allows eligible foreign remote workers, digital nomads, freelancers, and participants of cultural and other select activities to temporarily reside in Thailand)

 

Is it possible to be exempted from work authorization requirements?

There are no nationalities eligible for work authorization exemptions in Thailand.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in Hong Kong

When traveling to the Hong Kong Special Administrative Region of the People’s Republic of China (Hong Kong, SAR PRC), your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Hong Kong, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend short-term seminars or business meetings
  • Examine or supervise the installation/packaging of goods or equipment
  • Settle compensation or other civil proceedings
  • Participate in product orientation

 

If I qualify as a business visitor, do I need a visa for Hong Kong?

Nationals of the European Union, the United States, and many other select countries are eligible for a visa waiver and are not required to obtain a visa to enter and conduct business activities in Hong Kong. Additionally, foreign nationals in possession of valid Asia-Pacific Economic Cooperation (APEC) Business Travel Cards (ABTC) endorsed with “Valid for travel to HKG” may be eligible to enter Hong Kong and engage in permissible business activities without obtaining a visa. If you are not eligible for visa-waivered entry, you must obtain a Visitor Visa from the Hong Kong Immigration Department or a Chinese Embassy or Consulate prior to travel.

Special regulations apply to residents of Macau SAR PRC, Taiwan PRC and China PRC.


Working in Hong Kong

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Hong Kong law. This list is not exhaustive, and many other professional activities are considered work in Hong Kong, even if conducted for a short duration.

  • Hands-on technical work
  • Repairs and maintenance
  • Installation of machinery or hardware

 

If I am traveling to Hong Kong for work, what type of work authorization do I need?

The requirements for a work-authorized visa depend on your qualifications, on the nature and duration of your work, on your nationality, on your place of residence and on whether your employer has an entity in Hong Kong. The most common Hong Kong visas for employment purposes are:

  • Admission Scheme for Mainland Talent and Professionals (employment visa for skilled professionals from mainland China)
  • General Employment Scheme (employment visa for skilled professionals from overseas, Taiwan or Macau)
  • Technology Talent Admission Scheme (employment visa for skilled professionals in research, development, or technology industries)
  • Immigration Arrangements for Non-Local Graduates (residence visa for graduates of Hong Kong universities)
  • Quality Migrant Admission Scheme (points-based residence visa for highly skilled or talented persons)
  • Top Talent Pass Scheme (aimed at foreign nationals who are high-income talents and graduates from the world’s top universities)

 

Is it possible to be exempted from work authorization requirements?

Hong Kong does not offer work authorization exemptions.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations

When traveling to Bermuda, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Bermuda, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend business meetings
  • Attend, present, or exhibit at a conference
  • Visit potential customers
  • Interview for a job

 

If I qualify as a business visitor, do I need a visa for Bermuda?

Bermuda does not issue or require a Bermudan entry visa for any foreign nationals. However, the entry requirements for Bermuda are determined by the visa regulations for Canada, the United States or the United Kingdom, depending on which of those three countries the business visitor will transit through in order to arrive in Bermuda. The country of transit’s immigration regulations apply when transiting; a multiple-entry visa may be required depending on the country of transit, on the traveler’s nationality, and on whether the traveler holds permanent residency in the country of transit. Please consult with your immigration counsel for additional information.


Working in Bermuda

What types of activities require a work permit?

The activities below, whether paid or unpaid, generally constitute work under Bermudan law. This list is not exhaustive, and many other professional activities are considered work in Bermuda, even if conducted for a short duration.

  • Project implementation
  • Marketing
  • Consulting

 

If I am traveling to Bermuda for work, what type of work permit do I need?

The requirements for a work permit depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Bermuda. The most common Bermudan work permits are:

  • Short Term Work Permit (work authorization for up to six months)
  • Periodic Work Permit (short-term work authorization for intra-company transferees or employees acting as a service provider as part of a maintenance or after-sales agreement)
  • Standard Work Permit (long-term work authorization)
  • Global Work Permit (work authorization for intra-company transferees employed by an international company and transferred to a local branch of that company in Bermuda)

 

Is it possible to be exempted from work permit requirements?

There are no work authorization exemptions for Bermuda.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright © 2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations

When traveling to Argentina, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if work authorization will be required. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Argentina, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend business meetings, conferences, trade shows or seminar conventions
  • Buy goods for sale outside the country
  • Tour a company facility
  • Develop professional business contacts

 

If I qualify as a business visitor, do I need a visa for Argentina?

Most foreign nationals are required to obtain a 24 H Business Visa from an Argentinian Consulate or Embassy prior to travel if they intend to conduct business activities while in Argentina.

Some select visa-waivered nationalities are eligible to perform business activities upon entry without obtaining a visa. Please obtain an individual assessment prior to travel to determine whether your nationality is permitted to engage in business activities under a visa waiver.


Working in Argentina

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Argentinian law. This list is not exhaustive, and many other professional activities are considered work in Argentina, even if conducted for a short duration.

  • Technical repairs and maintenance
  • Project planning and implementation
  • Auditing
  • Consulting

 

If I am traveling to Argentina for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Argentina. The most common types of work authorization for Argentina are:

  • 24 H Professional Visa (short-term work authorization for direct hires and assignees)
  • 23 A Temporary Residence Visa (long-term work authorization for direct hires)
  • 23 E Temporary Residence Visa (long-term work authorization for assignees and intra-company transfers)
  • Digital Nomad Visa

 

Is it possible to be exempted from work authorization requirements?

There are no nationalities that are exempt from work authorization requirements in Argentina.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in the Mercosur States

The Mercosur Agreement is an economic and political agreement between several Latin American countries. The agreement affords nationals of Mercosur member states alternative immigration processes.


The Mercosur member states

Several countries are political and economic members of the Mercosur Agreement. However, for immigration purposes, we will focus on the “Residence” section of the agreement. The Residence Agreement is applicable for Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru and Uruguay.


Assessing travel and visa obligations

Each of the Mercosur member states remains sovereign, and the specific rules that allow foreign nationals to enter a specific country vary from one member state to another. Nationals of Mercosur member states are generally allowed visa-waivered entry to other Mercosur member states.

For non-Mercosur nationals, visa requirements and reciprocity fee requirements are determined by nationality and differ significantly from one member state to another. For example, United States nationals do not need a visa for Chile, but are required to obtain one for Brazil.

 

How long can I stay in the Mercosur Area?

Immigration regulations for each Mercosur country will determine the duration of time non-Mercosur nationals can remain in country.


Working under Mercosur

The member states of the Mercosur remain sovereign, and the specific rules regarding working in a specific country vary considerably. Mercosur nationals, from countries that are part of the Residence Agreement, seeking work and residence in other Mercosur member states that are part of the Residence Agreement, are generally eligible for a shortened work and residence permit processing procedure. In many cases, Mercosur nationals do not require sponsorship from an employer. Not all Mercosur member states offer a special Mercosur work and residence process, and currently a special Mercosur Residence process is offered only by Argentina, Brazil, Chile, Colombia and Uruguay.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in Colombia

When traveling to Colombia, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Colombia, you may engage in the activities below depending on the type of authorization you are traveling under. The most common types of authorization for business visitors are the Visitor Visa (V) for Business Activities, Tourist Permit and Integration and Development Permit. While this list is not exhaustive and other activities could qualify as business, depending on the visa held, you may:

  • Conduct business negotiations
  • Perform market studies
  • Conclude contracts or give commercial representation
  • Attend or participate in academic, scientific, artistic, cultural or sporting events
  • Perform journalistic activities or coverage

 

If I qualify as a business visitor, do I need a visa for Colombia?

Most foreign nationals intending to enter Colombia to conduct business activities must obtain authorization. Depending on their intended activities, non-restricted nationals may apply for a Tourist Permit or an Integration and Development Permit upon arrival at the port of entry or in-country if already in Colombia. Non-restricted nationals may alternatively choose to apply for a Visitor Visa (V) for Business Activities. Restricted nationals must obtain a Visitor Visa (V) for Business Activities from a Colombian Consulate or Embassy prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a Tourist Permit, Integration and Development Permit or Visitor Visa (V) for Business Activities.


Working in Colombia

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Colombian law. This list is not exhaustive, and many other professional activities are considered work in Colombia, even if conducted for a short duration.

  • Hands-on technical work
  • Repairs and maintenance
  • Consulting

 

If I am traveling to Colombia for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Colombia. The most common types of work authorization for Colombia are:

  • Permit to Develop Other Activities (short-term work authorization for urgent technical services)
  • Visitor Visa (V) for Participation in an Event (short-term work authorization for special event participation)
  • Migrant Work Visa (M) for Local Employment or a Service Contract (long-term work authorization for direct hires)
  • Visitor Visa (V) for Temporary Provision of Services (long-term work authorization for carrying out services under a local or foreign contract)
  • Visitor Visa (V) for Intra-Company Transfers (long-term work authorization for intra-company transferees from companies based in countries with international trade agreements with Colombia)

 

Is it possible to be exempted from work authorization requirements?

Colombia does not offer work authorization exemptions.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in Chile

When traveling to Chile, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for Business

What types of activities may I engage in as a business visitor?

As a business visitor to Chile, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend business meetings
  • Attend trade shows or seminar conventions

 

If I qualify as a business visitor, do I need a visa for Chile?

Nationals of the European Union, the United States, Mercosur countries (except Venezuela), and other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Chile.

Chile is a member of the Asia-Pacific Economic Cooperation (APEC), and foreign nationals in possession of valid APEC Business Travel Cards (ABTC) endorsed with “Valid for travel to CHL” are eligible to enter Chile on visa-waivered status.

If your nationality is not eligible for a visa waiver, you must obtain a Tourist Visa from a Chilean Embassy or Consulate prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver.


Working in Chile

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Chilean law. This list is not exhaustive, and many other professional activities are considered work in Chile, even if conducted for a short duration.

  • Hands-on technical work
  • Repairs and maintenance
  • Auditing

 

If I am traveling to Chile for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Chile. The most common types of work authorization for Chile are:

  • Work Authorizations under Transitory Permanence (short-term work authorization)
  • Work Contract Visa (long-term work authorization for direct hires)
  • Temporary Residence Visa – Tech Visa (long-term work authorization for foreign professionals and technicians in the science and IT fields)
  • Temporary Residence Visa – Mercosur (long-term work authorization for nationals of Mercosur countries)
  • Temporary Residence Visa – Foreigners Remunerated Abroad (long-term work authorization for assignees)
  • Temporary Residence Visa – Professionals and Technicians (long-term work authorization for professionals and technicians with a university degree)

 

Is it possible to be exempted from work authorization requirements?

Chile does not offer work authorization exemptions.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.

Assessing travel and visa obligations in Canada

When traveling to Canada, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.


Traveling for business

What types of activities may I engage in as a business visitor?

As a business visitor to Canada, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

  • Attend business meetings
  • Buy goods for sale outside the country
  • Attend trade conventions or exhibitions

 

If I qualify as a business visitor, do I need a visa for Canada?

Many nationals are visa-exempt and are not required to obtain a visa to enter and conduct business activities in Canada. However, these nationals are required to obtain Electronic Travel Authorization (ETA) prior to travel.

Foreign nationals who are not eligible to enter Canada on visa-exempt status must obtain a Temporary Resident Visa (TRV) from a Canadian visa office prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver, an ETA or a TRV.


Working in Canada

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Canadian law. This list is not exhaustive, and many other professional activities are considered work in Canada, even if conducted for a short duration.

  • Hands-on technical work
  • Repairs and maintenance
  • Consulting

In limited circumstances, business visitors and eligible professionals qualifying under the Global Skills Strategy program may engage in certain short-term professional and technical activities without obtaining work authorization, although strict preconditions must be met. An individual assessment is recommended to determine whether an assignment exemption is applicable.

 

If I am traveling to Canada for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Canada. Work authorization is granted through the Temporary Foreign Worker Program (TFWP), the International Mobility Program (IMP) or the Tech Talent Strategy. The most common Canadian work permits granted under these programs are:

Temporary Foreign Worker Program (TFWP) Work Permits – Labor Market Impact Assessment (LMIA) Required:

  • High-Wage Stream (work permit for skilled workers in positions at or above median wage)
  • Global Talent Stream (work permit with simplified LMIA process for specialized talent or job shortage roles)

International Mobility Program (IMP) Work Permits – LMIA Exempt:

  • Intra-Company Transferees (ICT) (work permit for intra-company transferees)
  • Free Trade Agreements
  • Canada-United States-Mexico Agreement (CUSMA) (work permit for limited highly skilled professional/technical occupations)
  • Comprehensive Economic and Trade Agreement (CETA) (work permit for EU citizen ICTs, professionals, and investors employed by an EU-based entity)
  • General Agreement on Trade in Services (GATS) (short-term work permit for ICTs and professionals from World Trade Organization member nations)

Is it possible to be exempted from work authorization requirements?

Canada does not offer long-term work authorization exemptions.


What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

 

Copyright ©2024 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.