Owner Operators LMIA (Labour Market Impact Assessment)
Businesses which seek to hire foreign workers typically undergo a process to prove that hiring outside of Canada won’t create a negative impact on the Canadian economy.
As such, employers must obtain authorization from the appropriate authorities, often requiring a Labour Market Impact Assessment (LMIA) before Canada will consider issuing a foreign worker visa.
This process changes for owner operators applying for a LMIA, providing a specific path for those who qualify for this program.
Labour Market Impact Assessment Exemptions
Companies hiring foreign workers for legal employment in Canada usually require a full LMIA before proceeding to the next phase of the process.
This document proves genuine need for a foreign hire to fill a vital position. Normally, employers must attempt to hire local first, or show that the Canadian labour market doesn’t supply the talent required. Industries that need specialized skills and education grow faster than the number of Canadians who meet job requirements. For owner operators, creating business in Canada is the main skillset.
Since labour requirements differ according to industry and business needs, LMIA applications offer various paths to obtain this documentation. In some cases, the Canadian government expedites the process to promote specific types of business immigration, especially for those who create economic benefit.
An owner operator LMIA application enters a different stream compared to other types of foreign worker programs, which may reduce the processing time while increasing the odds of a successful application.
Owner Operators Exempt From Minimum Recruiting Requirements
One of the most important variations for the owner LMIA process involves job advertising and recruitment.
Many LMIA types require the owner to attempt to advertise and recruit from within Canada for a prescribed period of time, before the company may consider a foreign worker for the position.
Owner operators don’t need to perform any recruiting efforts or create advertisements for employment. Instead, the departments of Immigration, Refugee and Citizenship Canada (IIRC) and Employment and Social Development Canada (ESDC) will consider your application as a business owner, instead of a prospective employee.
LMIA Exemption Requirements for Owner Operators
Business and enterprise don’t automatically receive permits because of LMIA exemptions designed to expedite business immigration. This program features specific owner operator LMIA requirements which must be proven before proceeding to apply for a work visa:
- Applicant must be the sole proprietor of the organization, or
- Applicant must own a minimum of 50.1% of total shares in the company
- An official document must prove that the applicant shareholder owns controlling interest
- For owner operator LMIA Canada, you must have a significant role in managing the business
- The sole proprietor or majority shareholder can’t be dismissed from their position
- An owner operator LMIA business plan, which includes financial planning and investment.
- Applicant must show the ability to create employment for Canadians and residents
The Canadian government states that this program is “not intended for individuals receiving shares as part of a compensation package”. owner operator LMIA exemption.
Applicants must adhere to these requirements throughout the duration of their stay under this program. There are no regional restrictions for owner operators applying under an LMIA exemption. The process remains the same for LMIA in Toronto and LMIA in Vancouver.
Successfully petitioning for an LMIA exemption doesn’t guarantee a work permit, temporary or permanent residence.
Alternatives For LMIA Owner Operators
Depending on your business situation, owner operators may wish to consider alternative paths to achieving an LMIA exemption. The IIRC lists several exemption codes for LMIA applicants, including trader and investor categories under international trade agreements with Europe and North America, among other trading blocs.
Canada encourages business immigration through multiple means and programs, including:
- Canadian Start-Up Visa Program
- Canadian Federal Entrepreneur Program
- Immigrant Investor Program
- Ontario Provincial Nominee Program
- British Columbia Nominee Program
These alternatives for owner operator LMIA may provide a more appropriate path for business people looking to expand into the Canadian market, create a new Canadian business or engage in trade and investment beneficial to Canada’s economy.
Owner Operator LMIA FAQ
Can a Foreign Start-Up Get an Owner Operator LMIA Exemption?
Typically, this type of LMIA is reserved for established businesses. For example, an applicant who recently purchased an existing Canadian business would be more likely to secure an exemption.
Why Doesn’t a Successful LMIA Result in a Work Permit?
Obtaining an LMIA, regardless of the immigration stream, is one of many requirements for those who wish to secure a work visa. As such, the LMIA is part of a larger immigration process and not the end goal.
How Long Does It Take To Get A LMIA?
The owner operator LMIA processing time varies from case to case, ranging from weeks to months. A clear, concise business plan and full legal documentation will likely reduce the waiting period.
Will a Successful LMIA Applicant Obtain Canadian Residency?
Within the previous points system, a LMIA used to all but guarantee a high enough score to be invited for a work permit, temporary and even permanent residency. However, a LIMA remains valuable because obtaining this document greatly increases your points score.
Start Your Owner Operator Exemption Process In A Minute
Business owner operators know that time is money, which makes an LMIA exemption valuable for all enterprise entering the Canadian market from abroad.
Obtaining an owner operator LMIA exemption requires a detailed business plan along with precise legal documentation for business immigration. This includes detailed financial plans, employment projections and property lease details, all of which greatly increase the odds of a successful application.
My Visa Source provides proven legal strategies for owner operator LMIA programs, developed over a decade of successful practice. We believe that business immigration solutions should cover all aspects of the process, including business plans, complete documentation and legal representation.
Begin your assessment in a minute online or contact us toll-free over the telephone.
Outside North America 1-888-509-1987
Take a Look at Some of our Client Reviews »
"The team at My Visa Source has been so helpful throughout our application. I believe it's important to have the best in the industry assist with our application, i truly feel we made the correct decision in hiring My Visa Source. I would highly recommend them!!! Thank you Visa source for all you're help, we truly appreciate it."
"I am very pleased with My Visa Source team. They are professional, efficient, and always on time with the application process. I was updated on every step of my application for my permanent residence. Every question or concern I had was answered immediately. I highly recommend My Visa Source Team!"
"They are amazing. They know what they are doing and will get the Job done.Offers payment options. They will make sure that everything is on track and help you get solution of your problem. they are the Best out there."
"Very helpful and answered all the questions that I asked."
"My questions were answered and the conversation was very helpful. I spent days online looking for accurate information, but learned more from a 10 minute phone conversation than all the research I did. Thank you very much. If I have need of your services in the future I will not hesitate to call."
"I received the best professional advice. I'd highly recommend MVS. I spoke with Angela, she is outstanding. I owe a BIG thank!! to her."
"Angel was so helpful, she gave me a really good overview of my options and answered all my questions thoroughly!"