How to get a work visa to work in my own business in Canada

[Founder]

Hi! I am a foreign entrepreneur and I am in the process of opening a business in Canada. However I would also like to work in the management team. How can I apply for a work visa to work in my business? Has anybody been in the same situation? I spoke to a lawyer and he said I would have to apply through the Entrepreneur Program but as far as I know this program ended and was substituted by the Start-up Visa Program. I am working on getting Canadian Investors to qualify for the startup visa but in the meantime I would like to start working. Can anyone advise me on the fastest way to get a work permit? Thank you!

 

[scylla]

You need an approved LMIA to apply for a work permit. Unfortunately you can't obtain an LMIA as an entrepreneur / self employed person. LMIAs can only be obtain by companies who are already established in Canada and are willing to offer a foreign worker a full time job. For the LMIA to be approved the job must be advertised for a minimum of one month to provide no Canadian could be found for the role. The employer must then submit the application along with a $1K processing fee. Processing takes anywhere from 6-16+ weeks.

 

[Founder]

Thank you Scylla but that doesnt apply for my case. I will work in my own company.

 

[scylla]

Thank you Scylla but that doesnt apply for my case.

Yes - I know that.

I provided you with a detailed explanation of the process specifically to show why it unfortunately doesn't apply to your case.

There's really no way for you to obtain a temporary work permit as a self employed individual / entrepreneur.

 

[sarah johns]

im a teacher of english and i want to open a nursery do i have to get a work visa as well to establish my own business ?

 

[zardoz]

im a teacher of english and i want to open a nursery do i have to get a work visa as well to establish my own business ?

The same applies to you. It's not possible for you to be "employed" by your own nursery as a temporary foreign worker. There are also limitations on "foreign nationals" with regards to starting/owning businesses in Canada.

 

[XpressEnterprise]

There are two steps and you have to follow the steps accordingly.

1) Opening Business
You must first be allowed / have permission to open a new business or operate an existing business. Since you don't, no employment is possible.


2) Employing yourself
Once you have a company registered, you can hire yourself for a post.

 

[sarah johns]

do i have to get a work visa there to start any job even im going to work as a teacher in a local school belongs to the government ?

 

[scylla]

do i have to get a work visa there to start any job even im going to work as a teacher in a local school belongs to the government ?

Yes - of course you need a work permit. And before you can get a work permit - you must get an approved LMIA from your employer.

Note that it is not possible to get an LMIA as a self employed person and consequently not possible to get a work permit as a self employed person.

 

[sarah johns]

sorry for interruption but what is the LMIA ? how im i going to get it if it will be private business ?

 

[scylla]

sorry for interruption but what is the LMIA ? how im i going to get it if it will be private business ?

Information here:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

You won't qualify to apply for one for your own business. Only an employer with an existing business can get one.

 

[XpressEnterprise]

sorry for interruption but what is the LMIA ? how im i going to get it if it will be private business ?

It used to be called LMO (Labour Market Opinion). Since July 2014, it's changed to LMIA (Labour Market Impact Assessment)

This is similar to a Job Offer letter where Canadian Employer will offer you Job in Canada. On that basis, you will apply for work permit application in CIC embassy.

 

[AhmedFouad]

You need an approved LMIA to apply for a work permit. Unfortunately you can't obtain an LMIA as an entrepreneur / self employed person. LMIAs can only be obtain by companies who are already established in Canada and are willing to offer a foreign worker a full time job. For the LMIA to be approved the job must be advertised for a minimum of one month to provide no Canadian could be found for the role. The employer must then submit the application along with a $1K processing fee. Processing takes anywhere from 6-16+ weeks.

Hi Scylla,

I would like to consult you regarding my case. I have an established company in Canada with a Canadian citizen, in the mean time this company has acquired the company I work for in my hometown some time back.

What are my options here considering the following main streams:

- Job offer from the Canadian company hiring me as the general manager. What are the chances for +ve LMIA and temp work permit visa?
- Intra company transfer visa

I just consulted a lawyer in Canada who said these streams became very much tough and restricted with very high rejection rate...

Thanks in advance for your assistance.

Regards,
Ahmed

 

[scylla]

To the best of my knowledge and LMIA isn't possible if you are a partial owner of the company. I don't think an ICT is either.

I would go with whatever the lawyer(s) told you.

 

[CMacFergus]

This discussion seems to be missing something.

I can open up a branch corporation of my American corporation in any Canadian province anytime I want. Just pay the fee just like you would to a Secretary of State in the U.S. The difference is the type of VISA you need to do business in Canada. I can't get a work permit because I own the company. But, please correct me if I am wrong, there is a visitor's VISA for entrepreneurs, correct? All of this was made available through the North American Free Trade Agreement, right?