Are you interested in 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 authorization from the government. To do so, the employer must prove that hiring a TFW has no negative impact on the Canadian labor market.
In most cases, the employer must apply for approval of the LMIA (Labor Market Impact Assessment). 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 certain period of time. However, there are some exemptions to this rule. One of such exemptions is the Owner/Operator LMIA.
This assessment is made for those foreigners who wish to purchase an established business or launch a new one in Canada and to work in that business as its manager, for example. Usually, foreign nationals do so to immigrate permanently to Canada in the future.
The government of Canada has created a special category of work permit called Owner/operator LMIA that enables majority owners of a company to acquire the right to work in Canada legally. In general, many businesspersons around the world consider Canada as the logical choice with its favorable economic climate, the work ethic of the people, and the diversity of the population. Therefore, all these factors are making Canada an ideal environment in which to operate a business. The main purpose of the Owner/Operator program is to provide a secure route through which foreign businesspersons can enter Canada to run their business. The program is for the businessmen who are aiming to purchase or establish a new business in Canada and planning to work in a managerial position for the same business, usually in order 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 Labor Market Impact Assessment (LMIA). Later, once the business person receives a positive LMIA, s/he can obtain a work visa usually 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 business person to immigrate to Canada permanently.
The criteria for qualification of a foreign national as an owner/operator are straightforward:
• He/she must demonstrate a level of controlling interest in the business; and
• He/she must prove that his/her temporary entry to Canada will create or retain employment opportunities for Canadians and permanents residents and/or transfer skills to Canadians and permanent residents; and
• He/she must detain a non-dismissible position (must occupy a superior position or one of superior positions in the company without the possibility to be dismissed).