owner operator questions

[canadavisaQs]

OWNER-OPERATOR:

1. First step is to apply for a LMIA to ESDC.
2. Second step is to submit a job-offer through employer portal by paying employer compliance fee.
3. Last step is to apply for work-permit.

HOW TO APPLY FOR LMIA TO ESDC:

1. First step prepare an appropriate business plan.
2. Second step get your NET-WORTH verified from qualified Canadian supplier. (To satisfy your financial ability)
3. Third step is to secure a physical location as per your business plan. (Secure means having a lease/rent contract)
4. Forth step is to apply for business Canadian business number, and other applicable federal and provincial licences.
5. Fifth step submit your Complete-Application to ESDC by paying $ 1000 fee for processing LMIA.

Kindly note 1: Complete-Application means also submit your business-ownership experience, IELTS, Education etc.
Kindly note 2: As of 25th Feb 2020, LMIA applications are made possible to be submitted online.

IF RECEIVED POSITIVE LMIA

Finally after submitting offer of employment through employer portal apply for (TWP) Employer specific work permit by creating GC-Key.

Sincerely,
~Jasdir

Securing physical location is not mandatory, I got my owner operator LMIA approved without getting an office or ever visiting Canada or even holding Canadian TRV.

 

[asad_ali_awan]

Securing physical location is not mandatory, I got my owner operator LMIA approved without getting an office or ever visiting Canada or even holding Canadian TRV.

thats great.. now do we have more chances to obtain LMIA if we buy a business? Secondly, should there be an issue of NOC especially if one tries to start his business first time however, he had sufficient management experience working in a company? thanks in advance

 

[newstoss]

Hi,

I have seen many of you are looking guidance toward business immigration for Permanent Residence, I am hereby explaining program options that you can avail.

There are three main options that you can use toward business immigration for PR.

1) Federal Program - Startup Visa
2) Provincial Program - Entrepreneur Program
3) Express Entry - Owner Operator LMIA (I called this program as self created you will not see any info about this program on official sites)

All three programs have different criteria and need different documentation, i will explain shortly about all three programs.

1) Federal Program - Start-up Visa Program

Under federal program there is no specific net worth requirement by IRCC but you need to get a support letter from one of three organization.

• Venture capital funds
• Angel investor groups
• Business incubators

To get a support letter from one of three organization you need to present your idea and business plan they will provide you support letter based on that letter you can apply for TWP as well as PR Application.

2) Provincial Program - Entrepreneur Program

There are 10 provinces and 3 territories each have their own requirement for minimum investment and net worth.

If you are setting up a new business you don't need exploratory visit however if you are buying an existing business most provinces require to do a exploratory visit. you don't need to buy business before getting approval from province/territory.

Common Documents are business plan, exploratory visit report if applicable, verification of net worth from designated accounting firm of that province, we had used KPMG and most of the provinces have them on list.

3) Express Entry - Owner Operator LMIA (I called this program as self created you will not see any info about this program on official sites)

This is the program that give access to come Canada if you don't qualify to two other programs.

To apply under this program you need to buy a business in Canada, no matter what is the price of business and don't need minimum net-worth requirement as well.

Generally you should have Visit Visa so that you can come and buy business, if you don't have visit visa you can setup corporation and other partner/share holder can complete this formality for you.

Each province has different regulations regarding foreigners to open corporation in Canada however the easy one to open by adding up a PR or Citizen as shareholder in Corporation. After setting up corporation and buying business in Canada you need to submit LMIA application under NOC 00 to get 200 points for express entry. once you got positive LMIA you can use that for express entry.

LMIA requirements by ESDC are as under:

These positions are for business owners only. They are not intended for individuals receiving shares as part of a compensation package. To qualify as an owner/operator, foreign nationals must demonstrate prior to submitting their application, and for the duration of their employment in Canada:

• they have controlling interest in the business:
  • by being the sole proprietor
  • by being a majority shareholder (hold a minimum of 50.1% of the shares)
  • by providing an official document to confirm that one shareholder has controlling interest
• they cannot be dismissed
• Variation: no advertisement or recruitment is required
• Applicability: all provinces and territories

I hope above information will be enough to understand basics for more information email at 5star@gmx.ca Subject: Business Immigration.

Thanks and Have a Great Day

My NOC code is 0013 in EE profile, and it is true that I have built my cybersecurity software company from scratch in India and running it successfully. I incorporated this private limited company in 2011. Does ESDC officer argue/discuss that why they should not consider profile for 50 points? or Do they just allow claim 200 points if the experience matches? I am not buying any existing business, I will start a new business (branch of our existing company) in Canada, Does the (this)investment factor matter in deciding these points?

 

[Salman Warraich]

My NOC code is 0013 in EE profile, and it is true that I have built my cybersecurity software company from scratch in India and running it successfully. I incorporated this private limited company in 2011. Does ESDC officer argue/discuss that why they should not consider profile for 50 points? or Do they just allow claim 200 points if the experience matches? I am not buying any existing business, I will start a new business (branch of our existing company) in Canada, Does the (this)investment factor matter in deciding these points?

You can only claim these points 50 or 200 if you have valid job offer supported by LMIA from employer in Canada.

 

[Makroh]

Securing physical location is not mandatory, I got my owner operator LMIA approved without getting an office or ever visiting Canada or even holding Canadian TRV.

Hi, Can you please share your email or contact details.

 

[canadavisaQs]

Hi, Can you please share your email or contact details.

Feel free to send me a DM

 

[Makroh]

Feel free to send me a DM

My questions are :
1. How much time it took for you to get approval of LMIA?
2.What kind of business plan you submitted ( retail or service industry)?
3.Did you get approval for NOC 00 or 0125 ?
4. Did you receive any interview call or not?

 

[mYusuf]

OWNER-OPERATOR:

1. First step is to apply for a LMIA to ESDC.
2. Second step is to submit a job-offer through employer portal by paying employer compliance fee.
3. Last step is to apply for work-permit.

HOW TO APPLY FOR LMIA TO ESDC:

1. First step prepare an appropriate business plan.
2. Second step get your NET-WORTH verified from qualified Canadian supplier. (To satisfy your financial ability)
3. Third step is to secure a physical location as per your business plan. (Secure means having a lease/rent contract)
4. Forth step is to apply for business Canadian business number, and other applicable federal and provincial licences.
5. Fifth step submit your Complete-Application to ESDC by paying $ 1000 fee for processing LMIA.

Kindly note 1: Complete-Application means also submit your business-ownership experience, IELTS, Education etc.
Kindly note 2: As of 25th Feb 2020, LMIA applications are made possible to be submitted online.

IF RECEIVED POSITIVE LMIA

Finally after submitting offer of employment through employer portal apply for (TWP) Employer specific work permit by creating GC-Key.

Sincerely,
~Jasdir

Hi,

Thank you for listing the steps. Afew queries please:
. Does one require IELTS for applying for OO?

. To register a company some provinces require that I can only do that as partnership with a citizen/PR ( e.g Ontario) whereas BC allows registration by myself. If I do not know anyone in Ontario to form a partnership even though I have a good working business plan and the funds for Ontario, the registration requirement means I cannot come to Ontario on Owner-operator?

. How do then people coming on Entrepreneur stream register a company in Ontario?

Regards

 

[canadavisaQs]

1. How much time it took for you to get approval of LMIA?

After submitting application, i got interview call after 4 months and approval after 1 month.. So total 5 months for LMIA approval

2.What kind of business plan you submitted ( retail or service industry)?

Service industry

3.Did you get approval for NOC 00 or 0125 ?

0125. I applied for NOC 00 and officer changed my NOC code because the company is not operational and i do not have any employees. officer told me to apply for LMIA again once business is started and use that approval to claim 200 points

4. Did you receive any interview call or not?

Yes and every OO LMIA is approved after a very extensive interview.

 

[mYusuf]

After submitting application, i got interview call after 4 months and approval after 1 month.. So total 5 months for LMIA approval



Service industry



0125. I applied for NOC 00 and officer changed my NOC code because the company is not operational and i do not have any employees. officer told me to apply for LMIA again once business is started and use that approval to claim 200 points



Yes and every OO LMIA is approved after a very extensive interview.

I am planning for an OO and trying to understand the details.
You wrote "0125. I applied for NOC 00 and officer changed my NOC code because the company is not operational and i do not have any employees. officer told me to apply for LMIA again once business is started and use that approval to claim 200 points".

Does that mean that you can now go to Canada and start your business after the LMIA approval? Does that automatically lead to a Work Permit? What other steps are required after this stage that you have received?

So, to apply for immigration later on, you will try for an NOC 00 to get 200 points to qualify for EE but for now, you can land in canada and carry out business activities. Is my understanding correct?

Did you do the application yourself or did you go through a lawyer? (I am building my business plan and related documents myself)

Will be grateful for any guidance. Thank you for your time.

 

[canadavisaQs]

I am planning for an OO and trying to understand the details.
You wrote "0125. I applied for NOC 00 and officer changed my NOC code because the company is not operational and i do not have any employees. officer told me to apply for LMIA again once business is started and use that approval to claim 200 points".

Does that mean that you can now go to Canada and start your business after the LMIA approval? Does that automatically lead to a Work Permit? What other steps are required after this stage that you have received?

There is one more step, after getting LMIA approved (Both noc 00 or noc 0) you have to apply for work permit before you are allowed in canada.

So, to apply for immigration later on, you will try for an NOC 00 to get 200 points to qualify for EE but for now, you can land in canada and carry out business activities. Is my understanding correct?

yes, once i get my work permit. I will land in canada, start business and apply for NOC 00 LMIA again after hiring employees. So your understanding is correct.

Did you do the application yourself or did you go through a lawyer? (I am building my business plan and related documents myself)

i did go through a lawyer but that is part of the problem. If i could go back in time, i would do the whole thing myself.

 

[mYusuf]

There is one more step, after getting LMIA approved (Both noc 00 or noc 0) you have to apply for work permit before you are allowed in canada.



yes, once i get my work permit. I will land in canada, start business and apply for NOC 00 LMIA again after hiring employees. So your understanding is correct.



i did go through a lawyer but that is part of the problem. If i could go back in time, i would do the whole thing myself.

Thank you for your replies

 

[mYusuf]

Thank you for your replies

As you have gone through the process, May I request if you can just take a look at my list of steps and correct me where necessary.
If possible do let me know what documents might be required for the main tasks.

. Incorporate a company in canada where I am the CEO and the majority owner
. Build my business plan with cash flows and details
. Have MOU's with my suppliers to supply once I am there
. Get my bank statements
. Apply for LMIA to ESDC for myself. This LMIA does nor require advertising and i will be interviewed by an officer for validity
. If successful, I will get a work permit for 1 or 2 years
. Appky for work permit for my spouse as i intend to take my family
. Appky for study permit for my children for undergraduate admission
. Land in Canada
. Start business

Will be very grateful for your help
Regards

 

[dbliss93]

What has a better success rate? Purchasing an established Canadian business or beginning one's own business in Canada?

Thank you!

 

[Aroojhalepoto]

OWNER-OPERATOR:

1. First step is to apply for a LMIA to ESDC.
2. Second step is to submit a job-offer through employer portal by paying employer compliance fee.
3. Last step is to apply for work-permit.

HOW TO APPLY FOR LMIA TO ESDC:

1. First step prepare an appropriate business plan.
2. Second step get your NET-WORTH verified from qualified Canadian supplier. (To satisfy your financial ability)
3. Third step is to secure a physical location as per your business plan. (Secure means having a lease/rent contract)
4. Forth step is to apply for business Canadian business number, and other applicable federal and provincial licences.
5. Fifth step submit your Complete-Application to ESDC by paying $ 1000 fee for processing LMIA.

Kindly note 1: Complete-Application means also submit your business-ownership experience, IELTS, Education etc.
Kindly note 2: As of 25th Feb 2020, LMIA applications are made possible to be submitted online.

IF RECEIVED POSITIVE LMIA

Finally after submitting offer of employment through employer portal apply for (TWP) Employer specific work permit by creating GC-Key.

Sincerely,
~Jasdir

Can I have your contact details, really need some information regarding owner operator. Thanks