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Employer/Job Offer/LMIA

bromac

Full Member
May 3, 2015
24
0
This is a really old thread, but instead of opening a new topic I'll ask the question here since it's a variant of the initial one.

Right, so a foreigner opens a company in Canada (this is totally doable). He's the owner of and in fact an employee in that company and operates that company PROFITABILITY from abroad for two years. The company pays taxes, gives salary, dividends, etc during that time. The company becomes LMIA eligible. It's a real, solid company.

Now, the foreigner enters the Express Entry system. As demonstrated, he already has a job in a Canadian company. What happens? Can he list his job as having a Canadian work experience, specifically a managerial job (NOC Skill Level 0), or in order to have a Canadian work experience he has to be on Canadian soil?

Anyhow, if he can't list any Canadian experience this way, can this company give him a job offer then? Practically the same job he already does for the past two years, or some similar job at his company?

Keep in mind, the corporation is a separate legal entity from its owner, shareholders, employees, etc, thus the foreigner in this case won't be giving himself a job offer, or a job. A Canadian corporation would. So the legal aspect of this matter is clear.

To simplify, can the foreigner claim Canadian work experience and/or Canadian job offer this way?

The way I've described here takes two+ years time in order one to even apply in Express Entry (if you want almost guaranteed entry because of the job offer), since in order for company to become LMIA eligible it needs the last two tax returns (as per this answer), among other things. So basically, instead of looking for a job you create one yourself from the ground up, with two years prior, hard labor.

So make no mistake, this is not a gimmick or a workaround. Provinces have Business/Entrepreneurial streams for these types of fellows who CAN'T WAIT for two years in order their company to become LMIA eligible, thus the conditions for those streams are expectedly draconian (require certain NET worth, investment, proof of managerial experience, etc).
 
Last edited:

scylla

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This is a really old thread, but instead of opening a new topic I'll ask the question here since it's a variant of the initial one.

Right, so a foreigner opens a company in Canada (this is totally doable). He's the owner of and in fact an employee in that company and operates that company PROFITABILITY from abroad for two years. The company pays taxes, gives salary, dividends, etc during that time. The company becomes LMIA eligible. It's a real, solid company.

Now, the foreigner enters the Express Entry system. As demonstrated, he already has a job in a Canadian company. What happens? Can he list his job as having a Canadian work experience, specifically a managerial job (NOC Skill Level 0), or in order to have a Canadian work experience he has to be on Canadian soil?

Anyhow, if he can't list any Canadian experience this way, can this company give him a job offer then? Practically the same job he already does for the past two years, or some similar job at his company?

Keep in mind, the corporation is a separate legal entity from its owner, shareholders, employees, etc, thus the foreigner in this case won't be giving himself a job offer, or a job. A Canadian corporation would. So the legal aspect of this matter is clear.

To simplify, can the foreigner claim Canadian work experience and/or Canadian job offer this way?

The way I've described here takes two+ years time in order one to even apply in Express Entry (if you want almost guaranteed entry because of the job offer), since in order for company to become LMIA eligible it needs the last two tax returns (as per this answer), among other things. So basically, instead of looking for a job you create one yourself from the ground up, with two years prior, hard labor.

So make no mistake, this is not a gimmick or a workaround. Provinces have Business/Entrepreneurial streams for these types of fellows who CAN'T WAIT for two years in order their company to become LMIA eligible, thus the conditions for those streams are expectedly draconian (require certain NET worth, investment, proof of managerial experience, etc).
No - you certainly cannot list this work experience as Canadian work experience. It's only classified as Canadian work experience if the work is completed while the person is physically in Canada.

For the LMIA, you would have to go for an owner/operator LMIA. I don't know if an owner/operator LMIA will get you job offer points under EE. More info on owner/operator LMIAs here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/canadian-interests-significant-benefit-entrepreneurs-self-employed-candidates-seeking-operate-business-r205-c11.html#Applicants_seeking_eventual
 
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bromac

Full Member
May 3, 2015
24
0
No - you certainly cannot list this work experience as Canadian work experience. It's only classified as Canadian work experience if the work is completed while the person is physically in Canada.

For the LMIA, you would have to go for an owner/operator LMIA. I don't know if an owner/operator LMIA will get you job offer points under EE. More info on owner/operator LMIAs here:

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/labour-market-impact-assessments/canadian-interests-significant-benefit-entrepreneurs-self-employed-candidates-seeking-operate-business-r205-c11.html#Applicants_seeking_eventual
The link basically says either you have to be on work permit in Canada or to have provincial nomination if outside of Canada.

Anyhow, owner/operator job is kind of exempt from LMIA (no advertising or recruitment is required), and as far as my research goes most of the mid-level entrepreneurs are going to Canada as Temporary Foreign Workers (TFW) with owner/operator jobs within their companies (prior established in Canada). And from there (I guess after 2 years, not certain) they apply for permanent residence through Express Entry. The only difference is that points afforded for managerial jobs (NOC Skill Type 00) are 200, and in some cases 50, instead of 600. (and I was wondering why I was awarded only 200 points for job offer when I was doing the CSR tool).

So the proper path would be the following:

1. Incorporate in Canada,
2. Get work permit based on owner/operator LMIA
3. Immigrate as a Temporary Foreign Worker (TFW)
4. After certain amount of time apply for PC via Express Entry.
 
Last edited:

gssidhu90

Full Member
Jun 8, 2014
31
1
Hi All,

This thread is very useful for LMIA applicants. However, I have a question regarding T2-100 and T2-125.
Is it possible to apply for LMIA without these forms if the employer is not ready to share these? The employer is ready to provide payroll summary, T4 summary, PD7A and provincial business license. I believe these documents satisfy requirements in the below link:
https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html

Can you please let me know if these are necessary?

Thanks in advance