Go Back  FlyerTalk Forums > Destinations > Americas > Canada
Reload this Page >

Do I need a Canadian work permit for this situation?

Do I need a Canadian work permit for this situation?

Old Aug 15, 19, 3:48 pm
  #1  
Original Poster
 
Join Date: Sep 2005
Location: BOS
Programs: DL PM 1MM, MR LT Plat Premier
Posts: 2,874
Do I need a Canadian work permit for this situation?

I apologize in advance if this is too detailed. I figure too many details are better than too few. The question I'm trying to answer is whether I need a Canadian work permit for the following situation or if I would count as a business visitor.

First, about me: I am based in Prague, Czech Republic, but am a US citizen. I run my own business focused on teaching; the business is registered in both the US and the Czech Republic.

What I'll be doing in Canada: a company in Quebec has requested software training that I have delivered many times in the past, though never at this particular company. The training would be 6 days long, 8 hours per day. They're not arranging it directly through me, but rather through the company that makes the software.

About the company that makes the software: they're a US based company I worked for for 14 years before I left early last year. They have no offices in Canada in case it matters.

How I am paid: I will be paid by the software company in the US, not by the company in Canada taking the training. The US software company pays me a set amount per day no matter where in the world I deliver their courses. Usually, I deliver them in the US; this is the first time I'll be delivering them in Canada since starting my company.

How the US software company is paid: the software company in the US will be paid directly by the Canadian company. This is a standard training that has a set cost based on the number of days of the training. Usually, there is no contract signed between the US software company and the clients that take its trainings; I'd imagine it would be the same here.

Phew. So back to my original question: does this count as a training that the Canadian company invited me to, and thus I would count as a business visitor? Or would this be a situation where since I'm not paid directly by the Canadian company, I would need a work permit?

Also, does anyone have advice for a good lawyer I can talk to about this? The US software company is willing to reimburse lawyer fees I spend up to a limit.

Thanks in advance for any help!

Last edited by LoganFlyer; Aug 15, 19 at 4:01 pm
LoganFlyer is online now  
Old Aug 15, 19, 11:04 pm
  #2  
 
Join Date: Oct 2015
Location: next to HAM
Programs: LH SEN, EB*S
Posts: 698
Did you see this one? https://www.immigration.ca/business-...rmit-in-canada
Per that, I'd say you're eligible as 'business visitor' -- but just use their offer of 'free evaluation' there?
PAX_fips is offline  
Old Aug 16, 19, 4:11 pm
  #3  
Original Member
 
Join Date: May 1998
Location: New York, NY, USA
Programs: AA 2MM, Bonvoy LTT
Posts: 11,501
Probably not but you may want to consult a lawyer/embassy to avoid surprises.
seawolf is offline  
Old Aug 16, 19, 4:29 pm
  #4  
formerly gantid
 
Join Date: Mar 2014
Location: IAD
Programs: UA Mileage Plus Platinum, Marriott Platinum elite, *G, Hilton Gold
Posts: 152
please check this link provided by Canadian government. Tis seems to describe your specific situation.

of course, you can aways call the Canadian embassy and ask for clarification.

What is a business visitor?
washingtonian_2017 is offline  
Old Aug 16, 19, 9:58 pm
  #5  
 
Join Date: Sep 2017
Location: YYC
Programs: UA Plat, IHG Plat, AMEX Plat, Nat EE
Posts: 880
This is anecdotal only.

My last 6 years was spent doing exactly what you are going to do, but for a Canadian company that paid me to travel to the US client and do that job. I had no issues whatsoever, as long as I had a copy of the the initial contract for the client in my travel documents if it was requested by US immigration. US and Canadian laws in this regard tend to mirror each other, so I think you will be fine coming here.

But, like I said, you'll need to double check.
KDS777 is offline  
Old Aug 16, 19, 11:16 pm
  #6  
FlyerTalk Evangelist
 
Join Date: Aug 2009
Location: ZOA, SFO, HKG
Programs: UA 1K 0.9MM, Marriott Gold, HHonors Gold, Hertz PC, SBux Gold, TSA Pre✓
Posts: 10,289
OP - I believe the following question will resolve the work permit issue:

Are you a 1099 or W-2?

W-2 = Work Permit not required. You will be considered as business visitor.

With W-2, you are an employee for the U.S. company selling the service. So the training provided can be considered as an after-sale support. Hence, no direct involvement with the Canadian labor market. So you can claim yourself as a business visitor.

1099 = Work Permit required.

With 1099, you are a contractor. So the training provided is basically a contract for you to perform in Canada.

IANAL.
KDS777 likes this.
garykung is offline  
Old Aug 17, 19, 8:44 pm
  #7  
Original Member
 
Join Date: May 1998
Location: New York, NY, USA
Programs: AA 2MM, Bonvoy LTT
Posts: 11,501
If you are already enrolled in NEXUS, this question will probably never come up if flying into Canada...*wink* *wink*.
KDS777 and YogiB like this.
seawolf is offline  
Old Sep 7, 19, 3:34 pm
  #8  
Original Poster
 
Join Date: Sep 2005
Location: BOS
Programs: DL PM 1MM, MR LT Plat Premier
Posts: 2,874
Just to wrap this up, the US software company put me in touch with their lawyers, who prepared a 13 page package for me to apply for a 15 day work permit exemption. I got to YUL, clicked the proper buttons in the kiosk to say I was there for work, and got the receipt. I then had the following conversation with the very first officer (the one who tells you whether you can just go right through and have to get into line to go to a booth):

Her: "What are you doing in Canada?"
Me: "Working. I'm applying for a 15 day work permit exemption."
Her: "How long will you be here?"
Me: "12 days."
Her: "Are you being paid by a US company?"
Me: "Yes."
Her: "Since you're being paid by a US company, you don't need a work permit."

She let me through, I got my bag, and left the airport. Far easier than I was expecting, but I'm certainly not complaining.

Thank you all for your responses and advice!
seawolf, EmailKid and PAX_fips like this.
LoganFlyer is online now  

Thread Tools
Search this Thread