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What is LMIA ?
Your desire to work in Canada can be realized with an LMIA work visa. The foreign citizen must meet the following requirements in order to be an LMIA owner/operator:
- Demonstrate a degree of ownership or control over the company, such as by being the single proprietor or the majority shareholder (50.01 percent or more).
- Show how this temporary entry will lead to the creation or maintenance of job chances for Canadians and permanent residents, as well as the transfer of skills to these groups (or hire a Canadian or PR employee).
- A strong or successful business strategy.
You are able to enter Canada as a temporary worker running your own company thanks to the LMIA work permit programme. There is no required net worth, and you are free to start a brand-new company or buy an established one.
After we have submitted a complete application, the processing period will be approximately 5-8 months, including the work permit application.
Owner-Operator of the Temporary Overseas Worker Program
If a foreign investor entrepreneur wants to move to Canada, they should think about buying an existing company or starting one from scratch there. They should also file for a work visa as a management employee. A lot of attention is being paid to updated federal regulations governing new company owners under the Temporary Foreign Worker (TFW) programme. Successful temporary work visa holders can apply for permanent residency through a provincial programme or as a federal qualified worker through Express Entry after less than a year.
While complicated, the guidelines are manageable. A foreign employee-investor who meets the requirements for a work permit as a TFW can launch a new company, buy an established Canadian company, or make a sizable investment in a company. Among other requirements covered below, the foreign national’s purchase of the company must result in the creation or preservation of Canadian jobs and the transfer of knowledge to Canadians.
What Exactly Is an LMIA Owner-Operator?
An entity (person, company, corporation, or organization) that extends an offer of employment to a foreign national to perform work for pay and for a specific period of time in Canada is first and foremost considered to be an employer. The organization that hires the foreign national, manages working circumstances, and pays them is typically the employer. It must be a distinguishable entity to give government officials the freedom they need to carry out their regulatory obligations related to the management and enforcement of the Temporary Foreign Worker TFW Program.
The foreign employee-investor must be able to demonstrate a degree of controlling interest in the company (e.g., a majority or plurality of shares, cannot be fired), as well as active participation in its management, in order to qualify as an owner-operator. Foreign nationals who do not fit this description would not be entitled to the owner-operator programme exclusions.
The deal must always be legitimate. The offer must be made by a foreign employee-investor who will actively participate in the management of the company in order to satisfy this requirement. This will be determined by looking at the foreign national’s plans to run the company and their previous business management or operation experience.
A foreign citizen does not automatically qualify as an owner-operator just because they own shares. Additionally, a foreign national’s sale and acquisition of shares in an established Canadian company will need immigration approvals and probably be subject to the granting of the work permit. As a result, the deal will frequently be strategically carried out in phases to adhere to both commercial and immigration practises. Therefore, a variety of scenarios, such as fully completed purchases, pending complete purchases, and partial purchases of the Canadian company by the foreign employee-investor, must be taken into account.
What qualifies as an employer?
A clear employer-employee relationship must be established, according to current policy, in order to assign regulatory duties for the management of the Temporary Foreign Worker Program.
In situations where a self-employed person plans to enter Canada to start or buy a company and be involved in its day-to-day operations, the business plan and contract to buy shares in the business must create an employer/employee relationship with an offer of employment.
Therefore, the case officer considers the foreign worker’s business plan or share purchase contract to evaluate the strength of the case in the absence of a job offer, as is the case in the majority of TFWP cases. These factors—whether the foreign worker’s presence in Canada will result in the creation or retention of employment for Canadians or the transfer of knowledge or skills to Canadians—are taken into account during this evaluation.
Former Companies
When deciding whether to issue an LMIA work permit to a foreign employee-investor who has bought or intends to buy a 100% or substantial interest in an existing Canadian business, the following considerations will be made:
1) Complete Purchases
The burden of proof is less onerous when a 100% purchase has been made and documented proof of the purchase or ownership change application is offered (share purchase agreement, share certificate, notice of articles, central securities register, CRA#). The demand for the creation or maintenance of Canadian employment and the transfer of knowledge to Canadians in the form of a transition plan, however, still needs to be met.
To support an owner-operator management-based work visa, the new owner will file for a Labour Market Impact Assessment (LMIA) as the employer.
2) Pending Complete Purchases
The anticipatory project’s validity will generally be determined by immigration officials in cases where the transaction is still in progress and dependent on an LMIA and WP. The transaction’s maturity (signed share purchase agreement, funds in escrow), the viability of the foreign employee-business investor’s plan to acquire 100% ownership in the company’s shares as principal owner, and the ability to prove an intention to hire or retain Canadian employees are important considerations.
The boss, whether the current or new owner, will request a labour market impact assessment (LMIA).
The LMIA could also be submitted by the current owner to recruit the foreign employee-investor into a particular management position, in which case the standard programme requirements would apply. The new owner, who will also be the employer, will apply for an owner operator management-based work visa after the acquisition has been completed.
The Labour Market Impact Assessment (LMIA)
In every instance, the LMIA is a regulatory instrument used by authorities in accordance with the Immigration and Refugee Protection Regulations to determine whether a Canadian is qualified to carry out a particular work. An company may hire a foreign worker locally, either temporarily or permanently, if the LMIA is approved. The requirement to advertise the job to the Canadian labour market is expressly exempted where the Owner-Operator provisions apply.
Owner operator LMIAs place a high priority on the veracity of the employment offer, job creation or retention, and/or skill transfer when evaluating labour market factors. A degree of controlling interest in the company must be demonstrated by the employer in accordance with a transition plan that is well-documented. This should typically take the shape of being the sole proprietor or the largest shareholder. This, however, is not a set law. Additionally, the employer must be able to show how this temporary entry will lead to the retention or development of job chances for Canadians and permanent residents as well as the transfer of skills to these groups of people.
To guarantee the continuation of the current business and the likelihood of an efficient skills transfer, the new owner will always be required to show effective communication skills, either directly or through a translator-employee hired by the business. In such cases, it is advised for the intended LMIA applicant to submit proof of language proficiency in the form of a valid IELTS language exam with a CLB of 5.0 in each of the 4 components. When the employer can show that the use of a non-official language is a legitimate occupational prerequisite, language requirements may occasionally be waived.
Formulate a workable business strategy.
- Application for LMIA
- If a positive LMIA is obtained,
- Submit an application for a work permit.
Processing period, including work permit application, is approximately 5-8 months.
How do I use this Service to obtain Permanent Residence?
Successful candidates can subsequently apply for permanent residence in Canada once they have an LMIA work permit. It may fall under the Express Entry system’s Federal Skilled Worker Program (FSWP) or an appropriate provincial immigration stream.
With this programme, you will receive an extra 50–200 CRS points for FSWP (instead of the usual 200 CRS points) for the job offer. Your CRS score will increase significantly as a result, and you will then be eligible to file for permanent residency after receiving an Invitation to Apply (ITA).
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