Owner operator LMIA, Work permit and PR

[Mikeba]

Update Update Update

After all these negative updates and getting rejected twice for TRV, today i finally got positive LMIA from service canada. This has not been easy and there has been a lot that i had to do during the last 2 months, but its hopefully all worth it.

Keep in mind, i only got approved for NOC 0125 which fetch only 50 points for Permanent residency application, even though i applied for NOC 0013
Further, the officer reduced the term to 1 year for work permit instead of applied 2 years.

all in all, i am happy and now applying for work permit. It says 5 weeks processing time, hopefully we get the work permit for family by end of march or beginning of april.

I feel like an expert on owner operator LMIA applications, since i had to do multiple calls, emails and other communications with the officer during these last 45 days.

Congratulations, hard work always pays off.

I would like to ask you why was your approval changed from NOC 0013 to NOC 0125? what do you think that reason was. I am sure your business plan and your position / role in the company was the highest possible and you had sufficient funds to show that you would pay yourself as per NOC 0013.

Your thoughts and maybe what could you have done differently to have received NOC 0013.

 

[canadavisaQs]

I would like to ask you why was your approval changed from NOC 0013 to NOC 0125? what do you think that reason was. I am sure your business plan and your position / role in the company was the highest possible and you had sufficient funds to show that you would pay yourself as per NOC 0013.

Your thoughts and maybe what could you have done differently to have received NOC 0013.

Well, this is all based on my assumption and experience with officer

here's the description of two NOCs
NOC 0013 is senior manager something
NOC 0125 is office manager something

So i am thinking the officer is assuming since there is no one hired yet and the business is not started how could i be senior manager in the business.

I could have started the business (Which in my case is impossible without visiting Canada) and hired some employees to get NOC 0013.

i know another application was denied because applicant paid the franchisee fee and has sufficient funds in the bank, but officer denied saying it was not operational.

my officer also suggested i should apply for fresh LMIA to get work permit again to extend after the initial 1 year. So now, the situation is pretty tricky, i have 1 year work permit (hopefully) and out of which it will take 4-5 months to get positive LMIA and another 95 days to get work permit, so roughly 8-9 months to secure work permit and not get kicked out of canada after 1 year and hiring employees etc, i feel pretty good about this and can do this easily. Plus after 4-5 months in canada, if i get positive LMIA with NOC 0013 i can apply for PR under express entry.

For everyone reading this, do you know if work permit can be denied after positive LMIA in this case? if yes, what could be the reason. In order words, does getting positive LMIA gives me green light to start preparing for a semi move out of country? Got couple of stupid cars i want to sell if i am going out for a year or two and don't want to waste time after getting work permit.

Submitting work permit application this week.

 

[supernovahigh]

Well, this is all based on my assumption and experience with officer

here's the description of two NOCs
NOC 0013 is senior manager something
NOC 0125 is office manager something

So i am thinking the officer is assuming since there is no one hired yet and the business is not started how could i be senior manager in the business.

I could have started the business (Which in my case is impossible without visiting Canada) and hired some employees to get NOC 0013.

i know another application was denied because applicant paid the franchisee fee and has sufficient funds in the bank, but officer denied saying it was not operational.

my officer also suggested i should apply for fresh LMIA to get work permit again to extend after the initial 1 year. So now, the situation is pretty tricky, i have 1 year work permit (hopefully) and out of which it will take 4-5 months to get positive LMIA and another 95 days to get work permit, so roughly 8-9 months to secure work permit and not get kicked out of canada after 1 year and hiring employees etc, i feel pretty good about this and can do this easily. Plus after 4-5 months in canada, if i get positive LMIA with NOC 0013 i can apply for PR under express entry.

For everyone reading this, do you know if work permit can be denied after positive LMIA in this case? if yes, what could be the reason. In order words, does getting positive LMIA gives me green light to start preparing for a semi move out of country? Got couple of stupid cars i want to sell if i am going out for a year or two and don't want to waste time after getting work permit.

Submitting work permit application this week.

Hi,

I'm not an immigration expert but you've got a job offer, thus making it possible to apply for (and receive) the work permit without further issues. <https://www.cic.gc.ca/english/work/apply-who-permit-result.asp>

Regarding the extension of your work permit: wouldn't it be possible to apply for the PR as soon as you arrive in Canada? What did the officer say about this? If you apply when you get in Canada, you'll not need to worry with reapplying for another LMIA.

I received an email from an immigration law office mentioning that immigration officers were analyzing if the applicant was already managing employees in order to receive a senior management level NOC (starting with a 00). I guess it was your case - and mine when I apply for the LMIA.

Thanks again for sharing your journey! I hope everything goes well and you start your business in Canada soon.

 

[Mikeba]

Well, this is all based on my assumption and experience with officer

here's the description of two NOCs
NOC 0013 is senior manager something
NOC 0125 is office manager something

So i am thinking the officer is assuming since there is no one hired yet and the business is not started how could i be senior manager in the business.

I could have started the business (Which in my case is impossible without visiting Canada) and hired some employees to get NOC 0013.

i know another application was denied because applicant paid the franchisee fee and has sufficient funds in the bank, but officer denied saying it was not operational.

my officer also suggested i should apply for fresh LMIA to get work permit again to extend after the initial 1 year. So now, the situation is pretty tricky, i have 1 year work permit (hopefully) and out of which it will take 4-5 months to get positive LMIA and another 95 days to get work permit, so roughly 8-9 months to secure work permit and not get kicked out of canada after 1 year and hiring employees etc, i feel pretty good about this and can do this easily. Plus after 4-5 months in canada, if i get positive LMIA with NOC 0013 i can apply for PR under express entry.

For everyone reading this, do you know if work permit can be denied after positive LMIA in this case? if yes, what could be the reason. In order words, does getting positive LMIA gives me green light to start preparing for a semi move out of country? Got couple of stupid cars i want to sell if i am going out for a year or two and don't want to waste time after getting work permit.

Submitting work permit application this week.

Best of luck mate, I think you are treading a fine time-line with lots of probability on the way. But to give you some comfort I can say once you are there your approach and effort will change and you may hope come across many ways by which you will stay put and meet people who will be of help and provide guidance.

Many thanks for the insight, so what I take from your experience is that if you had a business setup already and had commenced some work on it, be it market study / research etc., while having someone employed in the business you would have possibly secured NOC 0013 as your case for business and being a manager would have been pretty convincing.

As an argument, a Managing Director / CEO generally is always the highest manager in the business, the first one to be there if he also starts / promotes the business, he would anyway not have any employees working with him unless he secures his exposure (by being granted a work permit), and cannot be classified as an Office Manager NOC 0125. Did you present your case in this manner?

 

[canadavisaQs]

As an argument, a Managing Director / CEO generally is always the highest manager in the business, the first one to be there if he also starts / promotes the business, he would anyway not have any employees working with him unless he secures his exposure (by being granted a work permit), and cannot be classified as an Office Manager NOC 0125. Did you present your case in this manner?

The officer was already on the fence when making decision and wasn't sure if she should approve this. I could have made the case but didn't want to argue and potentially lose it all, i know i chickened out but risk vs reward didn't make sense.

 

[Mikeba]

The officer was already on the fence when making decision and wasn't sure if she should approve this. I could have made the case but didn't want to argue and potentially lose it all, i know i chickened out but risk vs reward didn't make sense.

Agreed 100%. The person being interviewed is always be the best judge of the situation, the official on the other side always has a trick up the sleeve to just red line you.

 

[mnagoori]

i don't mind sharing the firm name, but for the price i paid, i am not happy with the work they are doing. It has been extremely Slow. As you can see my original 15th Saying we are submitting application in a week and its still not submitted yet.

I think you are better off avoiding them.

Update

Service canada claims to have a decision made for these types of Visas within 10 business days since its NOC 0013 and salary is over $60 an hour. Since its been more than 10 business days, i followed up with Service canada via phone call and they requested a written letter suggesting urgent decision to be made on this particular application.

Letter was submitted via fax on October 11 2019 and they are obligated to respond to this letter within 15 business days. So expecting some sort of reply by November 1st 2019.

Hi, I am also looking in this channel to establish a business there can you please share the business plan drafting consultancy company details please.

Did your LMIA approved ?

Thanks in advance

 

[canadavisaQs]

Regarding the extension of your work permit: wouldn't it be possible to apply for the PR as soon as you arrive in Canada? What did the officer say about this? If you apply when you get in Canada, you'll not need to worry with reapplying for another LMIA.

No, because my CRS score is too low without the 00 NOC Job offer, which gives 200 points for express entry.

Officer said, you should apply for fresh LMIA when your business is operational and hopefully get the NOC 00 code thus getting 200 Points.

 

[mkashif]

Update Update Update

After all these negative updates and getting rejected twice for TRV, today i finally got positive LMIA from service canada. This has not been easy and there has been a lot that i had to do during the last 2 months, but its hopefully all worth it.

Keep in mind, i only got approved for NOC 0125 which fetch only 50 points for Permanent residency application, even though i applied for NOC 0013
Further, the officer reduced the term to 1 year for work permit instead of applied 2 years.

all in all, i am happy and now applying for work permit. It says 5 weeks processing time, hopefully we get the work permit for family by end of march or beginning of april.

I feel like an expert on owner operator LMIA applications, since i had to do multiple calls, emails and other communications with the officer during these last 45 days.

Congratulation

 

[adilsohail]

Update Update Update

After all these negative updates and getting rejected twice for TRV, today i finally got positive LMIA from service canada. This has not been easy and there has been a lot that i had to do during the last 2 months, but its hopefully all worth it.

Keep in mind, i only got approved for NOC 0125 which fetch only 50 points for Permanent residency application, even though i applied for NOC 0013
Further, the officer reduced the term to 1 year for work permit instead of applied 2 years.

all in all, i am happy and now applying for work permit. It says 5 weeks processing time, hopefully we get the work permit for family by end of march or beginning of april.

I feel like an expert on owner operator LMIA applications, since i had to do multiple calls, emails and other communications with the officer during these last 45 days.

Congratulations. All the best for good future ahead.
Could you please share with us your interview experience with the officer.
what kind of questions did he/she ask?

 

[canadavisaQs]

Congratulations. All the best for good future ahead.
Could you please share with us your interview experience with the officer.
what kind of questions did he/she ask?

It was very tough to say the least, first question i remember was "How did you think about this business and why did you want to start it?"

Over the days, most of the conversations were around business operations, hiring, future plans, why can't you just operate it from india, etc.

Long story short, if you do not know every bit of the business, the officer will figure that out.

 

[eternalsunshine]

Hey, Hope you are well!. You have done a great job by outlining your experience of applying for Owner/Operator LMIA pathway. We are on the same boat as you and this has helped us enormously. Thank you.

I'm about to make a decision on which consultant to hire. I have spoken to a few and the cost for the entire experience as per agent A is CAD 75,000 + Government fee, as per agent B is CAD 35,000 + government fee and agent C is CAD 25,000 + Government fee. I'm yet to get a quite from Agent D.

This discrepancy in fee has driven me mad and wanted to know how much you paid and who the agent/consultant/lawyer was ?

PS : Tried writing to you via messenger option and did not work. Can you please write to me at your earliest convenience. It would mean a lot.

 

[relyris]

No, because my CRS score is too low without the 00 NOC Job offer, which gives 200 points for express entry.

Officer said, you should apply for fresh LMIA when your business is operational and hopefully get the NOC 00 code thus getting 200 Points.

It appears that consideration is also given to whether the owner/operator has demonstrated that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents.
It seems here in your case, Officer is not satisfied regarding the level of required ownership, the timing of its acquisition and the amount of your involvement in the business. Since the purchase agreement is conditional, officer have taken the stance that the applicant is not actually yet an “owner/operator" thats is why officer has not cleared your application under NOC 00 ie officer treated your case as an 'employee' and not an 'employer' and asked you to apply again for LMIA after 1 year elapses. At that time officer will check to confirm keeping your business involvement in mind whether to clear under NOC 00 or not and you fulfill Regulatory Requirements Sub-section 203(1) of the Immigration and Refugee Protection Regulations.

 

[rahul01818]

Update Update Update

After all these negative updates and getting rejected twice for TRV, today i finally got positive LMIA from service canada. This has not been easy and there has been a lot that i had to do during the last 2 months, but its hopefully all worth it.

Keep in mind, i only got approved for NOC 0125 which fetch only 50 points for Permanent residency application, even though i applied for NOC 0013
Further, the officer reduced the term to 1 year for work permit instead of applied 2 years.

all in all, i am happy and now applying for work permit. It says 5 weeks processing time, hopefully we get the work permit for family by end of march or beginning of april.

I feel like an expert on owner operator LMIA applications, since i had to do multiple calls, emails and other communications with the officer during these last 45 days.

Congratulations Qs!
A quick question - Did you get a physical office space for the new business corporation in Canada; when you started the application with ESDC? Or a virtual office works?

 

[canadavisaQs]

Congratulations Qs!
A quick question - Did you get a physical office space for the new business corporation in Canada; when you started the application with ESDC? Or a virtual office works?

Virtual office, costs me around $10 a month and they handle all incoming physical mail. I told the officer about it and she said, its ok for now and you can look for office after you get work permit.