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OWNER/OPERATOR LABOUR MARKET IMPACT ASSESSMENT (LMIA) WORK PERMIT

IF YOU WANT TO START YOUR OWN COMPANY IN CANADA

Generally, prior to submitting an Labour Market Impact Assesmment (LMIA) application, the employer must advertise for the position to demonstrate an effort to recruit Canadian to fill the role.The Owner/Operator LMIA is exempt from recruitment. The basis of the exemption is that by having you enter Canada as an owner of the company, you will have a positive impact on the Canadian labour market. For instance, your entry to Canada and growth of your company in Canada will result in direct job creation for Canadians and you will be able to transfer valuable knowledge and skills to benefit your Canadian employees.

To be an owner/operator, you generally are expected to be a majority shareholder of the Canadian company and your role at the company in Canada must be integral to the day-to-day operation of the business and will be actively involved in business processes/service delivery in Canada. Consideration will be given to demonstration that your entry to Canada will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians. Generally, the Canadian Government will want to see how the hiring of the foreign national (yourself) will lead to jobs creation in the upcoming years (i.e. at least 3 new jobs for Canadians).

We would require the following documents and information to comply with the requirements:

  • Detailed job description for the Owner/Operator role in Canada including exact job title, list of duties/responsibilities, annual salary, bonuses and benefits;
  • Formal business plan, including a summary of the business model/main business activities and timelines for the next 3 years, including anticipated income, costs, and number of jobs and job titles that will be created for Canadians;
  • Proof of ownership/shares;
  • Incorporation documents;
  • Lease agreement for office space;
  • Provincial business license;
  • Provincial workplace safety and insurance clearance letter;
  • Tax documents are generally required for the company in Canada. If the company is new in Canada, you would not have these. In lieu of these documents, the government will want to see alternate proof of financial viability of the company including:
  • Attestation letter from a Chartered accountant. The document will attest that the Company is engaged in a legal business that provides a good and/or a service in Canada, is in good financial standing, and will be able to continue to adhere to their financial obligations and pay the offered salaries.
  • Copies of any agreements to demonstrate that the Canadian business has already started communication with clients in Canada.
  • Have a personal net worth, or with spouse, of at least CAN$ 800 000 and plan to invest at least CAN$500 000, depending on the location and the type of business to be purchase or created;
  • Have at least 2 years of business management as a business owner or as a business manager in the last 5 years;
  • Have at least a Bachelor’s degree ;
  • Achieve at minimum a Level 6 in all four abilities in the IELTS test;

Processing time frame: from 6 to 12 months to get the Working visa, then at least 12 months of work before we can apply for the Permanent Resident Visa, which takes approximately 12 months to be issued. Total time frame to get the Canadian Permanent Resident Visa: 30 months to 36 months.

 

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