The Owner Operator LMIA is one of the most useful tools for Business Immigrants who can meet the Express Entry requirements as it helps in improving Comprehensive Score Rating CRS by 200 points. This program is the only hope for those qualified and experienced applicants who are eligible to create Express Entry profile, but their CRS score is too low to beat the current threshold cut-off.
Work permits may be issued to foreign nationals( the applicant) whose proposed Canadian employer( The applicant himself) has obtained an opinion from Employment and Social Development Canada (“ESDC”), which ensures that the job offer( to the applicant only) is genuine; and would likely have a neutral or positive effect on the Canadian labour market.
There are a few things to note:
- Start-up issues: It may be difficult for a start-up business to qualify, as it would not be “actively engaged in the business”. It is possible to get Owner Operator LMIA for a start-up, but the clients should have made some investments in leasehold improvements or equipment and shows some operations before the application for LMIA is made.
- Business Purchases: It would thus be easier to purchase a business rather than start up a new Enterprise, as applicant could show that the business is running, and he is “actively engaged” in the business.
- Role of the Owner Operator prior to LMIA approval: There must be absolute clarity with respect to the Owner Operator’s role in the business. While one must be able to show that the employer company, which the Owner Operator wishes to purchase is “actively engaged in the business”, and after buying the business, it is necessary to show that the proposed Owner Operator is already involved in the business?
- Owner Operator’s future role: Applicants would need to show that they are needed in the business. If the business already has a manager, and the Officer may questioned the need for the owner operator to be in Canada unless we prove that the things the Canadian manager could do are limited and that the business needed to have an Owner Operator to really take overall responsibility.
- Owner Operator’s future role: Ensure that the company has sufficient financial resources to be able to hire and pay, the Owner Operator, especially if there is a salary commitment to owner operator.
- Compliance with Employment laws: Ensure that the business being purchased has been compliant insofar as per the recruiting and employment laws and it has not been “blacklist” by ESDC
- LMIA Exempt Work Permits for Start-ups: If the client really wished to start a particular business from scratch, it may be better to have him/her obtain a Work Permit as a Free Trade Investor or one of the LMIA Exempt categories ( under C10 or C11) first, and then apply for the Owner Operator LMIA after the business has been established and operating.
