Are you interested in an owner-operator LMIA in Canada? We have got your back!
The employment of a temporary foreign worker (TFW) is an exciting process for all Canadian employers. Thus, to employ a TFW, any employer in Canada must obtain Government authorization. To do so, the employer must prove that hiring a TFW has no negative impact on the Canadian labour market.
In most cases, the employer must apply for LMIA (Labour Market Impact Assessment) approval. The application for this assessment must be completed without error, as it passes a very detailed review.
In most cases, the employer must advertise the available positions to Canadian workers within a specific period of time. However, there are some exemptions to this rule. One of such exemptions is the Owner/Operator LMIA.
This assessment is for foreigners who wish to purchase an established business or launch a new one in Canada and work in that business as its manager, for example. Usually, foreign nationals do so to immigrate permanently to Canada.
The Government of Canada has created a special work permit category, the Owner/Operator LMIA, that enables the majority owners of a company to work legally in Canada. In general, many businesspersons around the world consider Canada a logical choice due to its favourable economic climate, the work ethic of its people, and its diverse population. Therefore, all these factors are making Canada an ideal environment in which to operate a business. The primary purpose of the Owner/Operator program is to provide a secure route for foreign businesspersons to enter Canada to run their businesses. The program is for businesspeople who aim to purchase or establish a new business in Canada and plan to work in a managerial position for that business, usually with the intent to immigrate permanently.
As a starting point, the foreign businessman must apply to the Employment and Skill Development Canada (ESDC) office to obtain a positive Labour Market Impact Assessment (LMIA). Later, once the business person receives a positive LMIA, s/he can obtain a work visa, usually for up to 2 years. Upon receiving a work permit, the businessman will be eligible to apply for permanent residence through the 6Express Entry. This program gives a substantially better chance for a businessperson to immigrate to Canada permanently.
The criteria for qualification of a foreign national as an owner/operator are straightforward:
• They must demonstrate a level of controlling interest in the business; and
• They must prove that their temporary Entry will create or retain employment opportunities for Canadians and permanent residents and/or transfer skills to Canadians and permanent residents; and
• They must hold a non-dismissible position (must occupy a superior position or one of superior positions in the company without the possibility of being dismissed).