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CANADA: “After-Sales Service” - Companies Can Wring a Little More Out of their Warranties
June 5, 2015
Ever since NAFTA’s inception, we global immigration consultants based in the U.S. have held our breath on “after-sales service” types in need of rushing of Canada to fix an emergency blow-out on equipment, or a mainframe shut down or a good run of the mill “the parts didn’t arrive in time” scenarios.
No question, time is of the absolute essence when Canadian clients are holding up their operations for your operations to fix what’s been sold. More often than not, clients would immediately assume their technicians could enter Canada as business visitors to make the necessary repairs. While certain after-sales servicing activities are allowable as a business visitor, one of the biggest issues we ran into is that a client's original sales agreement carried a limited warranty for after-sales service and repair.
In cases where the original warranty period had expired, without proof of an extended or renewed warranty, application as a business visitor to Canada was not an option. In these instances, there would be a rush to assemble a far more involved work permit application created delays for the technicians, frustration for the Canadian client and more costs to procure the appropriate work authorization.
On 25 May 2015, the Canadian immigration firm of Kranc Associates posted a very welcome client alert outlining the recent changes (http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/repairs.asp) by Citizenship and Immigration Canada’s (CIC) to grant an LMIA-exempt, 30-day Work Permit for “out-of-warranty” repairs that qualify as emergency need. However, clients are reminded that for any “after-sales service” activities in Canada, ability to enter either as a business visitor or require a limited work permit requires careful assessment of the facts and preparation of the necessary support documentation.
Luminary welcomes you to review in more detail at Kranc Associates’ website at (http://www.kranclaw.com/immpulse-alerts/).
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