Very interesting thread. Thank you so much for a very detailed journey. I didn't know we can do business in US in B1 visa. If your business is already established in the US, do you mind sharing some info?
Owner operator LMIA, Work permit and PR
- Thread starter canadavisaQs
- Start date
@canadavisaQs: Firstly congratulations on your LMIA approval! Excellent work with the thread! Got some good information reading the entire thread, in fact was hooked on to it as nowhere have i found so much information put up together.
Hope you and your family are safe in the lockdown!
you somewhere mentioned that the officer was expecting your business to be already active at time of your application and had you done that and hired 1-2 employees you would have cleared in NOC00 code.
my question:
so if i have a visitor visa (v1 category), can i go from india to canada and open up a business? register a company? apply for licenses? hire people? and apply for the LMIA in noc00 code after 1-2 months of opening business?
i do plan to go through a lawyer eventually to help with the application process.
Hope you and your family are safe in the lockdown!
you somewhere mentioned that the officer was expecting your business to be already active at time of your application and had you done that and hired 1-2 employees you would have cleared in NOC00 code.
my question:
so if i have a visitor visa (v1 category), can i go from india to canada and open up a business? register a company? apply for licenses? hire people? and apply for the LMIA in noc00 code after 1-2 months of opening business?
i do plan to go through a lawyer eventually to help with the application process.
HI , hope you doing fine, i would like to ask you, how did you get an open work permit
Update time
Work permit application refused with following reason:
- you were not able to demonstrate that you will be able to adequately perform the work you seek.
I am really upset with the reason given for refusal. I have a US company with similar business and we are on track to hit a few million dollars in revenue this year and thats by only visiting US couple of times a year. I am over qualified if anything.
Anyways, such is life.
I am waiting to discuss with my attorney to see what are the options, i am thinking following
- Apply for work permit again with documents/evidence showing how successful my US company is and how capable i am to perform for this job.
- Appeal the decision with documents/evidence.
- Apply for work permit again at Land border from US. I am making a trip to US as soon as india lockdown opens up and have some business in seattle, i think its worth going to the border and getting a face to face with officer explaining my side of the story.
- Apply for LMIA again for 00 Noc and if approved apply for PR under express entry. ( i feel pretty good about this having gone through the process once)
- I am also looking at the Ontario investment program but that one has around 4 year of wait time and is closed until July 2020. So not super thrilled about that.
If you have any suggestions/feedback, feel free to post it.
Work permit application refused with following reason:
- you were not able to demonstrate that you will be able to adequately perform the work you seek.
I am really upset with the reason given for refusal. I have a US company with similar business and we are on track to hit a few million dollars in revenue this year and thats by only visiting US couple of times a year. I am over qualified if anything.
Anyways, such is life.
I am waiting to discuss with my attorney to see what are the options, i am thinking following
- Apply for work permit again with documents/evidence showing how successful my US company is and how capable i am to perform for this job.
- Appeal the decision with documents/evidence.
- Apply for work permit again at Land border from US. I am making a trip to US as soon as india lockdown opens up and have some business in seattle, i think its worth going to the border and getting a face to face with officer explaining my side of the story.
- Apply for LMIA again for 00 Noc and if approved apply for PR under express entry. ( i feel pretty good about this having gone through the process once)
- I am also looking at the Ontario investment program but that one has around 4 year of wait time and is closed until July 2020. So not super thrilled about that.
If you have any suggestions/feedback, feel free to post it.
i think this is the best way to do it, they really want to see an operating business before 00 Noc is approved
By the way, you can do a lot of work without visiting
Register a company, apply for license, post jobs etc don't need visit.
I would personally do all that before visiting.
Wow . That really sucks!! I’m surprised that your LMIA approved but work permit refused !! Have you thought about other PNP Entrepreneurs pathway ? For example : BC Entrepreneurs pilot program , OR BC Regional pilot program ( which requires have the investment )... also other Provinces has such programs ( ex. Nova Scotia , Manitoba ..etc ). I have a question for you regarding applying to the LMIA & work permit later : can I apply with my “Holding “ Canadian incorporated company ? & then when I get a work permit , I’ll establish the “ Operating “ company ? ( subsidiary company ). Wish all the best with a successful pathway to the work permit mate . Regards.
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You don't qualify for a work permit at the border so don't waste your time.
You don't qualify for a permit at the border. You are wasting your time going to the border. Nobody is going to discuss your case there.
@canadavisaQs,
Sorry to hear about the work permit. This might not be relevant, but have you consider immigrate to the US first? Since you business is quite successfully there, you should be easily get a work visa in the US. You can take the US as a interim if you want to eventually move to Canada.
Sorry to hear about the work permit. This might not be relevant, but have you consider immigrate to the US first? Since you business is quite successfully there, you should be easily get a work visa in the US. You can take the US as a interim if you want to eventually move to Canada.
Oh Man! That must hurt! To have come so far and fall at the last hurdle!! But that is life, I guess.
I think re-applying for a work permit with evidence furthering your cause is the best way forward.
All the best, mate. You need it.
Working on O1 visa on side for US, just keep options open. Plus i think canada is better for family and living standards. I have personally encountered a lot of crime in california, i mean a lot. So not a fan of living in US.
Thank you
we have requested for ATIP notes, which should show exactly why this was denied. If the notes are useful, we will reapply with more documentations.
also, the LMIA is good for 9 months now (i heard 3 months extended because of covid) so we have till November 18th 2020 to apply for work permit again....
Further, another bad news is, india work permit processing time usually was 5-6 weeks now IRCC website shows 16 weeks, i know this is because of covid but who knows if this will be fixed back or not when we apply.
I think these 3-4 months while we wait for work permit approval, i am going to be in california and focus on growing the US business.
If work permit is denied again, i will do more work on canadian company and apply for noc 00 LMIA again, which should be easy considering i will have some employees
in Retro-respect i am actually thinking not getting 00 NOC might be a good thing. My LMIA was approved in February and since then there has not been a single express entry draw to apply for PR.
Also, if i got denied for office manager work permit, i am pretty sure CEO would have definately been harder. At least now we have a chance of getting work permit, based on what the ATIP notes has to say.
Also, if i got denied for office manager work permit, i am pretty sure CEO would have definately been harder. At least now we have a chance of getting work permit, based on what the ATIP notes has to say.
I am in Canada and one of my friend got his OO LMIA to WP conversion at the border in Oct. last year. He was already here as a visitor applied for a LMIA with 00 NOC, got approved in 2 days and then went to Canada US border to get a WP approved without any interview.
CandadavisaQs, you have done a lot of efforts and your case is strong so apply again with a lot of documentation to convince Visa Officer. Border option is better in my view.
CandadavisaQs, you have done a lot of efforts and your case is strong so apply again with a lot of documentation to convince Visa Officer. Border option is better in my view.