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Find a Lawyer in DavidsonAbout Business Visa Law in Davidson, Canada
In Canada, there is no single document officially called a Business Visa. People commonly use this phrase to describe several immigration and entry pathways for foreign nationals who want to come to Canada for business-related purposes. The right pathway depends on what you plan to do in Canada, how long you will stay, and whether you will work in the Canadian labour market.
Most short visits for meetings, negotiations, conferences, or site visits fall under the business visitor category. Business visitors typically need either a Temporary Resident Visa or an Electronic Travel Authorization to enter Canada, and they do not need a work permit as long as they are not entering the Canadian labour market. If you plan to manage, operate, or work in a Canadian business in Davidson or elsewhere in Saskatchewan, you will likely need a work permit or a provincial nomination that leads to permanent residence. Options can include Labour Market Impact Assessment based work permits, LMIA-exempt work permits for significant benefit or intra-company transferees, treaty categories for certain nationals, and provincial entrepreneur programs. Permanent residence options for entrepreneurs in Saskatchewan are primarily managed through the Saskatchewan Immigrant Nominee Program.
Davidson is a Saskatchewan community, so provincial business registration, licensing, and tax rules apply in addition to federal immigration requirements. Choosing the correct path at the outset is crucial because the wrong filing can delay your plans, affect your status, or create compliance risks for both you and any Canadian employer or business you control.
Why You May Need a Lawyer
Immigration and business setup can overlap in complex ways. You may benefit from legal help if any of the following apply:
- You are unsure whether your planned activities in Davidson qualify as business visitor activities or require a work permit.
- You plan to buy, start, or invest in a Saskatchewan business and want to live in Canada to operate it.
- You need to choose between LMIA based and LMIA-exempt work permits, or between temporary and permanent residence options.
- You have a prior refusal, status overstay, criminal record, or medical issue that could affect admissibility.
- Your company wants to transfer a manager or specialist to Saskatchewan and you need to structure an intra-company transfer properly.
- You are a United States or Mexico national considering CUSMA trader-investor or professional options and want to confirm eligibility.
- You want to use the Saskatchewan Immigrant Nominee Program entrepreneur or farm categories and need help meeting net worth, investment, and business plan requirements.
- You need to coordinate immigration compliance with corporate registration, tax numbers, payroll, and municipal licensing.
- You received a procedural fairness letter, a request for further evidence, or a site visit notice from immigration or employment authorities.
Local Laws Overview
- Federal immigration framework: Entry to Canada is governed by the Immigration and Refugee Protection Act and Regulations. Business visitors come for short-term activities that do not involve entering the Canadian labour market. If you will perform work for a Canadian business or be paid in Canada, a work permit is usually required.
- Business visitor basics: Typical business visitor activities include attending meetings, negotiating contracts, visiting clients or facilities, and certain after-sales service that does not involve hands-on construction or installation beyond allowable scope. You must keep your principal place of business and source of remuneration outside Canada and maintain a short duration of stay.
- Work permits: If your role goes beyond business visitor activities, consider work permits. Common routes include LMIA based permits under the Temporary Foreign Worker Program, and LMIA-exempt permits under international agreements, intra-company transferees, or significant benefit to Canada. Employers using LMIA-exempt categories generally submit an offer through the Employer Portal and pay a compliance fee.
- International agreements: Citizens of the United States and Mexico may qualify under CUSMA for certain professional, intra-company transferee, and trader-investor categories. Other treaties may apply depending on nationality. Each has strict occupation lists or investment-trade criteria.
- Saskatchewan Immigrant Nominee Program: Saskatchewan offers entrepreneur and farm owner-operator streams that can lead to permanent residence. These streams usually require a verified personal net worth, a refundable good faith deposit if applicable, an exploratory visit, a business plan, and a minimum eligible investment. Thresholds and program guides can change, so verify current criteria before applying.
- Corporate registration and licensing in Saskatchewan: If you start or acquire a business operating in Davidson, you will typically register the business through Saskatchewan's corporate registry. You may also need a municipal business licence and sector-specific permits. If you incorporate federally, you still register extra-provincially in Saskatchewan to operate locally.
- Tax registrations: Most businesses need a Canada Revenue Agency business number. Saskatchewan generally has provincial sales tax in addition to federal GST. Payroll, source deductions, and workers' compensation may apply if you hire staff.
- Employment compliance: If you hire foreign workers, ensure adherence to employer compliance rules, including record-keeping, wage standards, and obligations under federal and provincial employment laws. Non-compliance can result in inspections, penalties, and bans from hiring temporary foreign workers.
- Travel documentation and biometrics: Depending on nationality and application type, you may need a Temporary Resident Visa or an eTA to enter, plus biometrics for most applications. Some applicants require medical exams or police certificates.
Frequently Asked Questions
What is a Canadian business visitor and do I need a work permit?
A business visitor is a foreign national who visits Canada short term for activities like meetings, site visits, or negotiations without entering the Canadian labour market. Business visitors do not need a work permit, but they may need a visa or eTA to travel. If you will perform hands-on work for a Canadian business or be paid by a Canadian source for services in Canada, you likely need a work permit.
Can I come to Davidson to manage or operate a business I buy without a work permit?
Generally no. Managing or operating a Canadian business is considered work in the Canadian labour market and usually requires a work permit. There are pathways for entrepreneurs, but they require careful planning and evidence that you meet the criteria.
What is an LMIA and when is it required?
An LMIA is a Labour Market Impact Assessment issued by Employment and Social Development Canada. It shows there is a need for a foreign worker and that no Canadian worker is available. Many work permits require an LMIA, although some are exempt due to international agreements or significant benefit to Canada.
Are there LMIA-exempt options for entrepreneurs or company owners?
Yes. Some entrepreneurs may qualify for LMIA-exempt work permits where they demonstrate a significant economic, social, or cultural benefit to Canada, or as intra-company transferees if they are transferring from a related foreign company to a Canadian entity. Eligibility is fact specific and requires strong documentation.
I am a US or Mexico citizen. Does CUSMA help me?
Possibly. Under CUSMA, certain professionals, intra-company transferees, and trader-investors have facilitated work authorization. Each category has specific requirements such as occupation lists, employer-employee relationships, or substantial trade-investment evidence. You still need to prove you meet the criteria at the time of application.
How does the Saskatchewan Immigrant Nominee Program help business owners?
Saskatchewan offers entrepreneur and farm categories that can lead to permanent residence after you meet investment, net worth, and business performance conditions. Requirements and investment thresholds differ depending on the community and business type. Program guides change periodically, so check current rules before applying.
What corporate steps are needed to run a business in Davidson?
Typical steps include choosing a business structure, registering with the Saskatchewan corporate registry, obtaining a municipal business licence if required, registering for tax accounts such as GST and PST, and securing any sector-specific permits. If you hire staff, set up payroll and comply with employment standards and workers' compensation.
How long does it take to get a business visitor visa or work permit?
Processing times vary by country, category, and workload. Business visitor entries depend on visa or eTA processing plus border examination. Work permits can take weeks to months, and LMIA steps add time. Plan well ahead and build in contingencies.
Can my family accompany me?
Spouses and dependent children can often accompany or follow to join, but their eligibility for open work permits or study permits depends on your category and job. Each family member must meet admissibility requirements and may need biometrics or medical exams.
What can cause refusals or problems at the border?
Common issues include applying under the wrong category, weak proof of business purpose, lack of ties to residence abroad for visitors, inadmissibility due to criminal history or medical issues, or inconsistent information. Bringing a clear invitation letter, itinerary, proof of funds, and evidence of your ongoing business abroad helps.
Additional Resources
- Immigration, Refugees and Citizenship Canada for visitor visas, eTA, work permits, and permanent residence programs.
- Canada Border Services Agency for entry examination guidance and business visitor rules at ports of entry.
- Employment and Social Development Canada and Service Canada for LMIA procedures under the Temporary Foreign Worker Program.
- Saskatchewan Immigrant Nominee Program for entrepreneur and farm immigration streams and program guides.
- Saskatchewan corporate registry for incorporation and extra-provincial registration filings.
- Canada Revenue Agency for business numbers, GST, payroll, and related tax accounts.
- Saskatchewan Ministry responsible for industry or economic development and the local municipality for business licensing and sector permits.
- Local economic development offices and Chambers of Commerce in Saskatchewan communities near Davidson for market information and networking.
Next Steps
- Define your goal: Clarify whether you are visiting for short-term meetings, transferring to a related Canadian company, investing in or buying a business, or seeking a path to permanent residence.
- Map the correct category: Confirm whether you are a business visitor, require a work permit, or should pursue a provincial nomination. Misclassification is a common reason for refusals.
- Gather evidence: Prepare passports, corporate documents, invitation letters, contracts, proof of funds, proof of ongoing business abroad, resumes, education credentials, and if applicable a business plan and financial statements.
- Align immigration and corporate steps: Coordinate timing for company registration, tax numbers, municipal licensing, and opening bank accounts with your immigration status to avoid unauthorized work.
- Check admissibility: Address any criminal or medical issues in advance. Obtain required police certificates, medical exams, and biometrics as instructed.
- Plan for family: Decide whether family members will accompany you and prepare their applications as needed.
- Consult a qualified professional: An immigration lawyer or regulated consultant can assess eligibility, build a strategy, and prepare strong submissions. If you will incorporate or buy a business, corporate and tax counsel can help structure the deal and compliance.
- Track deadlines and updates: Processing times and program rules change. Monitor requests from authorities and respond within set timelines.
- Prepare for arrival: Carry supporting documents for border examination, including business purpose evidence and return plans if entering as a visitor. Ensure you have appropriate health insurance and housing arrangements.
This guide provides general information only. For advice tailored to your situation, consult a licensed professional familiar with Canadian immigration and Saskatchewan business law.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.