Owner/Operator LMIA Different forms

[cgkpatel]

Hi Everyone,

I tried searching all different threads related to Owner Operator LMIA process and different forms required but I could not find specific answers to my question hence creating a new thread. Or if someone can refer to me an existing thread, it will be great.

I am helping a family friend who is in the process of acquiring over 50% stake in an existing business in Canada. He is interesting in applying for Owner Operator LMIA to support his PR application in order to get enough points to qualify.

1) Which form should he fill out EMP 5593 or EMP 5526. I was told by the service canada he should fill out EMP 5593 however he can also consider filling out EMP 5526 (for high wage as per his NOC for his role in the business he is acquiring. Service canada could not confirm whether it will make a difference in the total number of points he would get with selecting either of these forms for LMIA once he has received a positive response.

2) Service Canada also confirmed that the business has to be in operation for at least a year. However, since my family friend is taking over an existing business (in operation for more than a year) it should be fine since they do not care of change in ownership per say. However, knowing their inconsistent approach in assessing LMIA, is this true? Has anyone had any experience with this?

3) As part of his LMIA application, is Business Plan must as part of supporting documents?

Thanks,

 

[VIJAYMAGHNANI]

As below

1- It depends on the salary being offered to him. There are different forms for High wage and low wage.
2- He has to transfer ownership (more than 50% under) his name before applying for LMIA.
3- Yes, Business plan is must documents and should be prepared in detail.

 

[dr rajesh]

hi dear can you tell me if i can start a fresh business instead of buying a new one. is it possible.

 

[adilsohail]

Hi Everyone,

I tried searching all different threads related to Owner Operator LMIA process and different forms required but I could not find specific answers to my question hence creating a new thread. Or if someone can refer to me an existing thread, it will be great.

I am helping a family friend who is in the process of acquiring over 50% stake in an existing business in Canada. He is interesting in applying for Owner Operator LMIA to support his PR application in order to get enough points to qualify.

1) Which form should he fill out EMP 5593 or EMP 5526. I was told by the service canada he should fill out EMP 5593 however he can also consider filling out EMP 5526 (for high wage as per his NOC for his role in the business he is acquiring. Service canada could not confirm whether it will make a difference in the total number of points he would get with selecting either of these forms for LMIA once he has received a positive response.

2) Service Canada also confirmed that the business has to be in operation for at least a year. However, since my family friend is taking over an existing business (in operation for more than a year) it should be fine since they do not care of change in ownership per say. However, knowing their inconsistent approach in assessing LMIA, is this true? Has anyone had any experience with this?

3) As part of his LMIA application, is Business Plan must as part of supporting documents?

Thanks,

hi there,

will you please update us about the progress of owner operator program and LIMA. im looking for start new company in Ontario. thanks

 

[Harvinder73]

Hi Everyone,

I tried searching all different threads related to Owner Operator LMIA process and different forms required but I could not find specific answers to my question hence creating a new thread. Or if someone can refer to me an existing thread, it will be great.

I am helping a family friend who is in the process of acquiring over 50% stake in an existing business in Canada. He is interesting in applying for Owner Operator LMIA to support his PR application in order to get enough points to qualify.

1) Which form should he fill out EMP 5593 or EMP 5526. I was told by the service canada he should fill out EMP 5593 however he can also consider filling out EMP 5526 (for high wage as per his NOC for his role in the business he is acquiring. Service canada could not confirm whether it will make a difference in the total number of points he would get with selecting either of these forms for LMIA once he has received a positive response.

2) Service Canada also confirmed that the business has to be in operation for at least a year. However, since my family friend is taking over an existing business (in operation for more than a year) it should be fine since they do not care of change in ownership per say. However, knowing their inconsistent approach in assessing LMIA, is this true? Has anyone had any experience with this?

3) As part of his LMIA application, is Business Plan must as part of supporting documents?

Thanks,

Hi!
I'm in the process of applying for Owner-Operator LMIA too.

Service Canada is very vague when it comes to this particular stream. It is this grey area which gives me the jitters sometimes, fearing my application will slip through the cracks and end in a rejection.
But coming back to your question, if you apply under the high wage category you will be entitled to 200 points. These can then be used to shore up your CRS score towards your EE profile for a PR.

The second question about longevity of the business and the ownership pattern, well, I'm opening a new company in Canada and starting a new business from scratch. So I'm exempt from the longevity rule. But the O/O has to have a majority stake in the business in any case. Also, the O/O has to demonstrate his willingness as well as his indispensability in running the business on a day to day basis.

Yes a business plan is crucial for your application. It is through the BP that the authorities will determine whether your business is viable which in turn will affect their decision. Make your BP as detailed as possible. In fact, make it so good and thorough that the immigration officer is convinced to invest in it.

Cheers!

 

[Harvinder73]

hi dear can you tell me if i can start a fresh business instead of buying a new one. is it possible.

As per the details on the website of CIC, an Owner-Operator can either take a majority stake in a running business or set up a new business with a majority stake. Both conditions are acceptable.

 

[cgkpatel]

hi there,

will you please update us about the progress of owner operator program and LIMA. im looking for start new company in Ontario. thanks

I am still awaiting for my friend to take over the ownership. I will be helping him process his paperwork following that. Let's see how it goes.

 

[cgkpatel]

Hi!
I'm in the process of applying for Owner-Operator LMIA too.

Service Canada is very vague when it comes to this particular stream. It is this grey area which gives me the jitters sometimes, fearing my application will slip through the cracks and end in a rejection.
But coming back to your question, if you apply under the high wage category you will be entitled to 200 points. These can then be used to shore up your CRS score towards your EE profile for a PR.

The second question about longevity of the business and the ownership pattern, well, I'm opening a new company in Canada and starting a new business from scratch. So I'm exempt from the longevity rule. But the O/O has to have a majority stake in the business in any case. Also, the O/O has to demonstrate his willingness as well as his indispensability in running the business on a day to day basis.

Yes a business plan is crucial for your application. It is through the BP that the authorities will determine whether your business is viable which in turn will affect their decision. Make your BP as detailed as possible. In fact, make it so good and thorough that the immigration officer is convinced to invest in it.

Cheers!

Thanks. your response was very helpful. Just one follow up question. If he fills out low wage category form or EMP 5593, does he not get 200 points?

 

[gta88]

I am still awaiting for my friend to take over the ownership. I will be helping him process his paperwork following that. Let's see how it goes.

Please let us know how the process goes for your friend.

 

[theguv]

Thanks. your response was very helpful. Just one follow up question. If he fills out low wage category form or EMP 5593, does he not get 200 points?

Low wage will only get them 50 extra points.