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WHAT IS OWNER/OPERATOR LMIA?

OWNER/OPERATOR LMIA

 

Owner-Operator LMIA is a type of LMIA that allows an interested foreign investor to immigrate to Canada by investing in a business in Canada. The eligible applicant can apply for an Owner-Operator LMIA, and use this LMIA to apply for both or either one of Work Permit and/or Permanent Residence applications.

The applicant must be a controlling shareholder of the business they are investing in by owning more than 50% of the shares.

Also, the applicant must have managerial experiences in the last 10 years to prove that they have a capacity to operate a business in Canada.

Lastly, the applicant should propose a business plan on how they’ll run the business, and ultimately create a value to Canadian economy and labour force.

Our clients have successfully immigrated to Canada through this program by investing into Canadian businesses, and have become Permanent Residents of Canada.

OWNER-OPERATOR LMIA

Stakeholders Involved. 

  • Canadian Business Owner/Employer. 
  • Temporary Foreign Worker. 
  • 3rd Party Representative: Regulated Canadian Immigration Consultant, Immigration Lawyer. 
  • Service Canada.
  • Lawyer (for Business Investment Transaction). 
  • Accountant (for Company Valuation). 
  • Landlord (for Office Space). 
  • Business Partner in Canada (who’s a Canadian Citizen or Permanent Resident). 

Application Documents Required. 

  • Submission Letter (provided by 3rd Party Representative): Outlines overall table of contents of the application. This document is not mandatory, but highly recommended.  
  • Labour Market Impact Assessment Application Form (ESDC – EMP5593): Indicates overall LMIA application information such as company information, recruitment efforts, foreign worker’s name and job position applying for. 
    • LMIA Government Fee payment information is requested in this document. In this page, the business must disclose its payment card details for a Service Canada officer to charge the required payment. 
  • Organization Chart: Depicts the overall organization structure. 
  • Business Time Analysis Report: Displays company’s hours of operations, and explains why the business requires a particular job position. 
  • Job Description Report: Shows a particular job’s roles, duties and responsibilities that a foreign worker is expected to perform.
  • Job Offer: Discloses a job offer between a Canadian business employer and a TFW.
  • Recruitment Efforts: Describes overall recruitment efforts made by a Canadian business employer to hire local candidates first. 
    • This section includes job bank ad, job match activity report and advertisement posting copies of other 3rd party recruitment websites. 
  • Business License. 
  • Certificate of Incorporation. 
  • Financial Information: T2-100 (Balance Sheet), T2-125 (Income Statement), T4 Summary, 12 Months of PD7A (Payroll Deduction documents). 
  • Business Plan: Describes overall plan on how the business invested will be operated, managed, and grow in terms of financial, operation, marketing, human resources, etc. 
  • Foreign Worker’s Curriculum Vitae: Explains why the selected foreign worker is eligible and capable to invest in a specific business and operate the business, thus creating values to overall Canadian economy and labour force. 
  • Business Investment Transaction Documents: Includes but not limited to, Asset Purchase Agreement, Share Purchase Agreement, Company Minute Book and Article of Incorporation. 
  • Company Valuation Documents: A valid company valuation conducted by a certified accountant. This document is not mandatory, but highly recommended to ensure the business the foreign worker invests into is in fair market value. 
  • Lease Agreement: An agreement between a landlord and a tenant who will be leasing a particular commercial (office) space to run the business. 

Job Post Requirement. 

  • No job posting needs to be provided, as the foreign worker will be the owner and operator of the Canadian company. 
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