Work Visa

Owner-Operator Work Permit — Complete Guide

Owner-Operator Work Permit (LMIA-Based)

A foreign national must prove the following in order to be eligible for an Owner-Operator work permit based on an LMIA:

• Possess a position in which they are ineligible for termination and own at least 50% of the company.
• Will be paid an amount that is equivalent to or more than the position’s median wage.
• Will run a firm that creates or maintains employment opportunities for Canadians or permanent residents, or that transfers skills or expertise to Canadians or permanent residents.
• Own a strong business plan and have taken the necessary steps to implement it, such as securing funding, renting office space, and acquiring a business number from the Canada Revenue Agency.
• Possess a skill set or expertise that will increase the business’s viability.
• In the first year of operating or starting the business in Canada, will hire at least one Canadian or permanent resident.

The Owner-Operator LMIA does not require recruitment or advertising, unlike most LMIA categories.

The ability for a foreign national to increase their Express Entry CRS score is another advantage of the Owner-Operator work permit based on an LMIA. A foreign national in a senior manager role who has an Owner-Operator work permit based on an LMIA is eligible to receive 200 more points. Gaining these extra 200 points will typically guarantee that a foreign applicant will be chosen from the Express Entry pool of applicants.

Owner-Operator Work Permit (International Mobility Program)

For a foreign national to be eligible for an Owner-Operator work permit under the International Mobility Program, they must show that they:

• Own at least 50% of the company.
• Will run a company that brings Canada considerable economic, social, or cultural benefits, or that gives Canadians or permanent residents opportunities, like employment or a special service.
• Possess a chance for profitable enterprise that will benefit Canada and the people of Canada.
• Possess a skill set or experience that will increase the business’s viability.
• Have taken steps to implement their business strategy, such as securing funding, renting office space, and acquiring a business number from the Canada Revenue Agency; and have submitted an application for an Offer of Employer (Employer Compliance) to Immigration, Refugees and Citizenship Canada.

Other Considerations

It is advised that they obtain an LMIA as an employee of the company if a foreign citizen owns less than 50% of it. Additionally, only one owner will be permitted to apply for an Owner-Operator work permit if there are numerous owners of the company.

A foreign national who applies for an Owner-Operator work visa may have the dual intention of entering Canada temporarily (to run a business) and staying permanently by immigrating to the country. If an applicant for a work visa has this dual objective, they must show the officer examining their application that they are prepared to depart Canada at the conclusion of their temporary stay if necessary.