Business and Investor Immigration-Federal

OWNER OPERATOR LMIA

Business investors with business / management experience and capital to invest have several pathways to choose from in order to immigrate to Canada. Several immigration lawyers and officials have described the Owner/Operator Labour Market Impact Assessment (LMIA) as the most sought after path for potential self-employed business investors; who either do not yet meet the narrow requirements for “self-employed” applicants or do not have the support of a designated organization in order to qualify for an entrepreneur start up visa program.

Four key scenarios and respective considerations occur in owner-operator applications

• New Start-up Business: This scenario applies to a foreign national where the individual is 100% owner of a startup company not in operation in Canada yet but dependent on a positive LMIA and Work Permit (WP). The owner-operator guidelines considerations state that the TFW can be considered owner-operator for the purposes of the LMIA if they can demonstrate that they have considerably prepared to open and operate the business (e.g. have incorporated the business, applied for a business license, entered into a lease agreement, securing contracts, etc.), have a viable business plan, have the intent and plan to retain/hire Canadian citizens and permanent residents within a reasonably short timeframe.
• Complete Purchases/Ownership Change of Existing Canadian Business: When the foreign employee-investor acquires 100% interest of an existing Canadian business, and the LMIA application \ voluntarily includes documents such as share purchase agreement, notice of articles, central securities register, CRA# shareholding/ownership documents indicating purchase/ownership change has been completed, then these documents would be considered as sufficient proof of the foreign national’s relationship to the business.
• Pending Purchase of Existing Business: When the current owner intends to sell 100% of the Canadian business to the immigrant investor, but completion of purchase/ownership change is contingent on a LMIA and WP then the TFW can be considered owner-operator for the purposes of LMIA based on the following such as intention of the parties especially the TFW.
• Partial Purchase of Existing Business: When the owner operator has partially purchased ( min 51% ) a Canadian Business but is still not a 100% owner, then officer will assess who has the largest share in the business to determine if the investor be considered a Principal Owner or Co-owner.

The Owner Operated LMIA stream is a suitable option to facilitate admission to Canada as a foreign worker which can become a path to permanent residency at a later stage.  Although the application and assessment process can be rigorous (as there are specific guidelines on the minimum level of investment required or the relevant business experience that the applicant should demonstrate to be approved), if the project is genuine and a comprehensive business plan is submitted, the issuance of a positive LMIA and work permit to a foreign national is a possibility given the high approval rate of LMIA applications in general.

START-UP VISA PROGRAM

​Some features of this program are,

• You do not need to invest your own money. You may get funds from investor groups who support your business idea
• Up to five people from your business group can apply for permanent residence in Canada
• Once the permanent residence is granted, it will not be affected by the outcome of your busines

SELF-EMPLOYED PERSONS

​If you have relevant experience in cultural activities or athletics, you can immigrate to Canada as a self-employed person. You must have at least 2 years of relevant experience in the past five years.

​Cultural activities include jobs generally seen as part of Canada’s artistic and cultural fields.

Examples include:

• authors and writers,
• creative and performing artists,
• musicians,
• painters,
• sculptors and other visual artists,
• technical support and other jobs in motion pictures,
• creative designers
• craftspeople