Owner/Operator LMIA

The Owner/Operator Labour Market Impact Assessment (LMIA) is a pathway for entrepreneurs and business owners who wish to operate a business in Canada and need to apply for a work permit. This guide provides an overview of why to apply through the owner/operator category, eligibility criteria, requirements, application steps, processing times, and associated costs.

 

Why apply through Owner or Operator?

  • Priority Processing: Applications under the owner/operator category often receive priority processing, ensuring a quicker response time compared to other LMIA applications.
  • Control Over Business: Gain direct control and involvement in the day-to-day operations of your Canadian business.
  • Pathway to Permanent Residency: Successfully operating a business in Canada can significantly enhance your eligibility for permanent residency under various immigration programs.
  • No Recruitment Effort Required: Unlike other LMIAs, the owner/operator LMIA does not require proof of recruitment efforts, making the application process more straightforward.
  • Business Expansion Opportunities: Provides an excellent opportunity for international entrepreneurs to expand their operations into the Canadian market.

 

Eligibility to apply for Owner or Operator

To be eligible for an owner/operator LMIA, applicants must:

  • Have a controlling interest in the business, typically defined as owning more than 50% of the shares or having absolute decision-making power.
  • Demonstrate that their business will create or maintain jobs for Canadians or permanent residents.
  • Provide a viable business plan that includes details on the economic benefit to Canada, such as job creation or transfer of skills and knowledge.
  • Not be inadmissible to Canada on grounds of security, health, or criminality.

 

Canada Owner or Operator Requirements

  • Business Ownership: Proof of business ownership or shareholding.
  • Business Plan: A detailed business plan outlining the economic benefit to Canada.
  • Job Creation: Evidence that the business will create or maintain employment for Canadians or permanent residents.
  • Active Management: Demonstrated intent and ability to be actively involved in the management of the business in Canada.
  • Financial Investment: Significant investment in the business that is sufficient to establish and sustain operations.

 

Steps to apply for Canada Owner or Operator

  • Prepare Business Plan: Develop a detailed business plan that demonstrates the viability and economic benefit of your business.
  • Gather Documentation: Collect all necessary documents, including proof of business ownership, financial investment, and any other relevant information.
  • Submit LMIA Application: Complete and submit the LMIA application to Employment and Social Development Canada (ESDC), along with the application fee and all supporting documents.
  • Attend Interview: Be prepared to attend an interview with ESDC, if required, to discuss your application and business plan.
  • Apply for Work Permit: Once the LMIA is approved, apply for a temporary work permit through Immigration, Refugees and Citizenship Canada (IRCC) using the positive LMIA.

 

Processing time for Canada Owner or Operator

The processing time for an owner/operator LMIA application can vary but generally ranges from 2 to 4 months. It's important to submit a complete and well-documented application to avoid delays.

 

Canada Owner or Operator Visa Cost

  • LMIA Application Fee: $1,000 CAD per position applied for.
  • Work Permit Application Fee: $155 CAD for an individual applicant, plus $155 CAD for any accompanying family members.
  • Biometrics Fee: $85 CAD for an individual or $170 CAD for a family (if applicable).

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Frequently Asked Questions

Who can apply for a Canada Immigration Visa under the Federal Skilled Worker Program (FSWP)?

Applicants must have the following eligibility requirements to be eligible for permanent residence under the FSWP program. 

  • Must have skilled work experience in National Occupational Classification skill type 0 or skill level A or B. 
  • Canadian Language Benchmark (CLB) 7 in English or French in all four skills: Reading, writing, listening, and speaking. 
  • Skilled workers need to score 67 points out of 100 on Canada's point grid. Points are awarded based on education, experience, age, language ability, and adaptability. 
  • Applicants must show proof of their funds to manage in Canada. Candidates must have to show evidence of their savings. 
  • Candidates must hold relevant educational qualifications such as diplomas, degrees, etc. The foreign degree has to be evaluated with an Educational Credential Assessment (ECA).
  • If you have suitable eligibility criteria, you can enter the express pool. Federal Skilled Trades and Canadian Experience Class candidates' profiles ranked based on CRS will be listed in the express entry pool. 
  • If you are qualified for the category-based Express Entry draws under the FSWP program, you can get more opportunities for Canada PR.  

Applicants must qualify for all the requirements imposed by the IRCC, such as health, security, financial, and criminality requirements.

Is there an eligible occupation list to apply for FSWP?

To apply for the FSWP, applicants must have skilled work experience for at least one year in an occupation listed by the National Occupational Classification (NOC) as skill level A or B or skill type 0. However, there is no specific list of eligible occupations.

Under the FSWP, who may be included in an application?
  • Applicant's spouse/common-law partner. 
  • Dependent children under 22 years of age. 
How can I improve my Express Entry CRS score for the FSWP?

You can acquire more points on the CRS calculator if:

  • If your spouse/common-law partner has a higher CRS score, there is a chance of an improved score on the CRS calculator. 
  • Increase your language test score by re-appearing the test. 
  • Try to secure a job offer from any province in Canada. 
How many people qualify for the Federal Skilled Worker Program (FSWP) every year?

The IRCC manages 3 different skilled worker programs under the express entry system. FSWP is also one of the 3 programs. The express entry allows 110,000 new immigrants to Canada every year. Most immigrants are shortlisted through the FSWP and Canadian experience class programs. 

Do applicants need a job offer from Canadian employer to apply for the FSWP program?

Applicants holding a valid employment offer from a Canadian employer can score up to 15 points on the CRS calculator; hence, the chance of selection for FSWP will increase. You can earn 50 to 200 points under Express Entry's Comprehensive Ranking System (CRS) based on the job you secured from a Canadian employer.

Can a person directly apply for a PR through FSWP?

The FSWP program operates through the express entry system. Candidates must submit their profiles for the FSWP program, and the express entry draws are organized once every 2 weeks. Candidates whose names come under the draw will receive an ITA for Canadian permanent residence. 

Can an applicant gain more points if he/she has a close relative in Canada?

The IRCC also awards points under the adaptability factor. If the applicant's common-law partner or relative is staying in Canada with a Canadian PR/citizenship is living in Canada, there is a chance of an increase in the CRS calculator. The close relative must be a mother, father, sister, brother, daughter, son, aunt, uncle, nephew, niece, or grandparents.