OWNER LMIA BASED WORK PERMIT

Posted by in CIC News, on October 23, 2020

You may apply for advertising- exempt Labour Market Impact Assessment in order to get a Canadian work permit if you are an owner of your own business, which if approved will give you grounds for a work permit. This type of work is often said to be the owner operator work permit.

Let’s have a myopic look at how it works.

If a Canadian employer wishes to employ a temporary foreign worker, it should first go through the Labour Market Impact Assessment (LMIA) process. Through this process an authorisation is received from the Government in order to bring in a foreign worker to Canada. The LMIA ensures the purpose that before hiring a foreign worker all the possible attempts were made to hire a Canadian citizen or a Canadian permanent resident.

One of the most important requirements for the LMIA is advertising. The position must be advertised in various online resources in order to provide a proof that the recruiting efforts took place, and they were extensive, and they covered many potential applicants from Canada.

Owner/operator LMIA

Thereby, there are some LMIA applicants that are exempt from the advertising requirements, one such being the owner/operator LMIA. This kind of category has been composed for the foreign businessmen and for those who either wish to purchase or establish a business in Canada and manage it from Canada. The role of this process is to attract businesspeople to the country and make the transition process smooth and quick.

If the business owners were made to go through the same the laborious process of obtaining a work permit, they will most likely be no interested and will not like to put in so much effort into that and thereby, look into other countries for the investment opportunities. This kind of stream has been purposely designed in order to avoid that. So, if you are someone who runs a business or are willing to purchase a business in Canada, you need to fulfill the following criteria in order o qualify;

  • You must be a sole or the majority shareholder, that is you should demonstrate that you have a controlling interest in the business
  • You should be independent from any senior management. You must hold the highest position of power in the company and should not be answerable to any of the superiors in the company.
  • You should demonstrate your entry into Canada which will result in the creation or retention of jobs for the Canadian permanent residents/ citizens.

They essential requirements for the owner/operator LMLA is for an applicant to own a controlling interest of 50% or more in the company.

Following are the owner/operator LMIA requirements:

  • In your business plan you should show the intention of hiring a Canadian citizen or a Canadian permanent resident.
  • You should be actively involved in the business. it should be seen that you are not making a passive investment rather you have the intention of running and developing your business further. Therefore, showing that you are the architect as well as the muse behind your project.
  • You must show in detail that how you will fund the business and how will you maintain the employment. The business plan must be elaborate and convincing. you must be able to convince the officer of Employment and social Development Canada that you know what you are doing.

The next process:

Once you receive a green signal from the Owner/Operator LMIA, you can apply to Immigration, Refugees and citizenship Canada for a work permit. The work permit is then valid for the same period as that of the LMIA. Usually, it is two years. Once you are through with the work permit, in most cases then you will be able to apply for the Canadian permanent residence through the Express Entry system. You will get the additional points for the job offer that your company makes to you, the applicant.

Hence, through LMIA Owner/ operator work permit, you have good chances of immigrating to Canada under the Federal Skilled Worker Program.

In order to get you through, we will happily look into your case.

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