LMIA Owner Operator - COME TO CANADA

LMIA stands for Labour Market Impact Assessment. An LMIA is required by majority of Employers if they want to hire a Temporary Foreign Worker. Some Temporary Foreign Workers are exempt from obtaining LMIA, you can find out more information about that on our detailed page Work Permit of Canada on our website. Now you will be thinking what is Owner Operator LMIA?

If you’re an entrepreneur

You may be eligible for an employer-specific work permit if you intend to operate a business in Canada that would create or maintain:

significant social, cultural or economic benefits, or
jobs for Canadian citizens or permanent residents of Canada.

You must also meet the general eligibility requirements for a work permit. Before you submit your work permit application, you must:

submit an offer of employment to Immigration, Refugees and Citizenship Canada,
pay a $230 employer compliance fee, and
get an offer of employment number.

OWNER OPERATOR LMIA REQUIREMENTS:

A business plan. You must show in detail how you will fund the business and create/maintain employment. The business plan must be elaborate and convincing. You must convince the officer of Employment and Social Development Canada that you know what you are doing;
You must be actively involved in the business. You should show that you are not making a passive investment. Instead, you intend to run and develop your business further. You are the architect and the muse behind your project.
In your business plan, show an intention to hire Canadian citizens or permanent residents (ideally, in the first year of the business).

The criteria for qualification of a foreign national as an owner/operator are very simple:

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-dismissive position (must occupy a superior position or one of superior positions in the company without the possibility to be dismissed)
As the Owner Operator LMIA is an exception to the rule, no advertising or recruitment is required. This option is also available anywhere in Canada. The key requirement is that the foreign national owns at least 51% share of a Canadian business.

However, there are some other important requirements:

A detailed business plan showing the business financing and creation or maintenance of employment, this plan must include a rudimentary financial plan and timeline of events; and
A foreign national must be actively involved in the management of this business and must be remunerated according to his/her qualifications and experience at a level equal to or greater than the median wage requirements for the occupied position; and
He/she must employ at least one Canadian or permanent resident in the first year of the company activities.

Eligibility requirements for all applicants

There are specific requirements you need to meet depending on where you are when you apply for your work permit. But regardless of where you apply or which type of work permit you apply for, you must:

prove to an officer that you will leave Canada when your work permit expires
show that you have enough money to take care of yourself and your family members during your stay in Canada and to return home
obey the law and have no record of criminal activity (we may ask you to give us a police clearance certificate),
not be a danger to Canada’s security
be in good health and have a medical exam, if needed
not plan to work for an employer listed with the status “ineligible” on the list of employers who failed to comply with the conditions
not plan to work for an employer who, on a regular basis, offers striptease, erotic dance, escort services or erotic massages, and
give the officer any other documents they ask for to prove you can enter the country

Eligibility requirements if you apply from outside Canada

Anyone can apply before they enter Canada. However, there may be visa office requirements that you need to meet depending on what country or territory you’re applying from. Make sure you follow the instructions for how to apply.

Eligibility requirements if you apply from inside Canada

You can only apply for a work permit from inside Canada if:

you have a valid study or work permit
your spouse, common-law partner or parents have a valid study or work permit
you’ve graduated from a program at a:
Canadian university
community college
CÉGEP
publicly funded trade/technical school, or
other eligible school
you have a temporary resident permit that is valid for six months or more
you’re waiting on a decision on an application for permanent residence from inside Canada
you made or will make a claim for refugee protection
you’ve been recognized as a convention refugee or protected person by the Immigration and Refugee Board of Canada
you’re allowed to work in Canada without a work permit but you need a work permit to work in a different job, or
you’re a trader, investor, intra-company transferee or professional under NAFTA