Published by Hillfield Immigration on 20th September, 2021
The “Owner-Operator work permit” is for foreign nationals wishing to come to Canada to operate a business. Persons can apply for a work permit under the Entrepreneurs or the Self-employed category.
The two types of Owner-Operator work permits are:
a Owner-Operator work permit based on a Labour Market Impact Assessment (LMIA)
b Owner-Operator work permit under the International Mobility Program
A qualified legal professional can assist with the application for this new immigration stream.
A Owner-Operator Work Permit Based on a Labour Market Impact Assessment
To qualify for an Owner-Operator work permit based on a LMIA, persons must demonstrate the following:
1 They are in a situation where they cannot be fired and own at least 50% of the business
2 Have a remuneration that is greater than the median wage for the position or at the least equal to it
3 Your business should provide for the transfer of skills or knowledge to Canadian citizens and permanent residents
4 The outcome of the business should entail creation of employment opportunities for Canadians or permanent residents
5 You should have a feasible business plan with room for improvement and be able to execute said plan especially with regards to as financing, leasing office space
6 The business must obtain a business number with Canada Revenue Agency
7 Must hire at least one Canadian or permanent resident within the first year of operation
There are no advertisement or recruitment requirements for the Owner-Operator LMIA which is common in most LMIA classes. For assistance with the LMIA process, contact a qualified immigration professional at Hillfield Immigration.
Another advantage of the Owner-Operator work permit based on a LMIA is that you can gain additional points under the Express Entry Comprehensive Ranking System (CRS) matrix. Persons who hold an Owner-Operator work permit based on a LMIA in a senior manager position (NOC 00) can gain 200 extra points. These additional 200 points could help with you being selected from the Express Entry pool of candidates.
b Owner-Operator Work Permit Under the International Mobility Program
To qualify for an Owner-Operator work permit under the International Mobility Program applicants must demonstrate:
• Own at least 50% of the business
• You can operate a business that will create substantial financial, social or cultural benefits for Canada
• It can offer opportunities for Canadians or permanent residents like employment or a unique service
• Have a sustainable business opportunity that will benefit Canada and its people
• Skills and capability of improving the viability of the business
• Have a business plan in place – such as financing and proper office space
• Obtain a business number with Canada Revenue Agency
• Filed an Offer of Employer (Employer Compliance) application with IRCC
Applicants are encouraged to contact a qualified legal professional for more information on this stream as it is the newest for Canadian immigration. As an applicant you might want to take the following into consideration:
• If you own less than 50% of the company, it may be in your best interest to obtain a LMIA as an employee of the company.
• Only one owner will be allowed to obtain an Owner-Operator work permit should there be more than one owner or multiple owners.
Applying for an Owner-Operator work permit offers a temporary basis to operate a business, as well as ultimately immigration and becoming a permanent resident. If this is not the intention the person will have to prove to the officer reviewing the work permit application that they will leave Canada at the end of their temporary stay.
For more information on the Owner Operator stream or any immigration pathway into Canada, contact Hillfield Immigration to speak with a qualified legal professional with years of experience in immigration.