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Owner operator LMIA, Work permit and PR

canadavisaQs

Hero Member
Aug 15, 2019
283
75
Update

Got the ATIP notes and i am really happy about it. The ATIP notes basically stated 3 points

a. Candidate doesn't have Bachelors degree
b. English language something something
c. Even though candidates shows he is the President and owner of multiple businesses, there is no proof that these are running of were functional companies.

So, the reason, i am happy with ATIP notes is because these all 3 concerns can be addresses very easily.

a) i do not have graduate degree but my owner operator LMIA states, bachelor degree not required plus noc 0125 states bachelor's degree is usually required but its not must.
b) English language - i have decent IELTS score from test i gave in January 2020 (L 7.5, R 8, W 6.5, S 8.5) So i will just attach my IELTS result
c) This one is valid because in my previous application i didn't provide any document showing these businesses were actually running, so now we are going to add so much documentation showing all my businesses were actually running, tax returns, bank statements, client reference letters, invoices to clients, and on and on.

I have also stopped working with the firm that did my original LMIA and work permit (I HAVE SAID MULTIPLE TIMES IN THIS THREAD THAT I DON'T LIKE HOW SLOW THEY ARE). My new attorney is pretty fast and i am hoping we will submit the application this week.

Another side good news is, work permit application from india has decreasing timeline every week now, at one point it was taking as long as 17 weeks and now its showing 12 weeks (updating tomorrow again). I am hopeful by the time my work permit application is submitted, it will be done to under 10 years, so Yayyy!!!!
 
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canadavisaQs

Hero Member
Aug 15, 2019
283
75
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.

i have never heard of anyone getting LMIA approved in 2 days, specially for 00 NOC, but i guess some people are luckier than others.

Yes, i am applying again with tons of documents this time.

Border option is not an option for me anymore because there are no international flights going out of india since march 23 because of the lockdown due to Covid, we are hopeful flights will open in July but we will see. If i do go to US, i will already have an application under process that time, so going to border will not make sense, if i do get denied, i think its better to go for JR (Judicial review) rather than applying for 5th time (2 TRV plus 2 WP applications).
 

scylla

VIP Member
Jun 8, 2010
95,849
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
i have never heard of anyone getting LMIA approved in 2 days, specially for 00 NOC, but i guess some people are luckier than others.

Yes, i am applying again with tons of documents this time.

Border option is not an option for me anymore because there are no international flights going out of india since march 23 because of the lockdown due to Covid, we are hopeful flights will open in July but we will see. If i do go to US, i will already have an application under process that time, so going to border will not make sense, if i do get denied, i think its better to go for JR (Judicial review) rather than applying for 5th time (2 TRV plus 2 WP applications).
The border isn't an option for anyone right now. Due to COVID-19, work permits are not being processed at the border at this time.

Good luck with the JR.
 

canadavisaQs

Hero Member
Aug 15, 2019
283
75
The border isn't an option for anyone right now. Due to COVID-19, work permits are not being processed at the border at this time.

Good luck with the JR.
you mean good luck with workpermit application? Or did u assume it will be denied anyway?:(
 

scylla

VIP Member
Jun 8, 2010
95,849
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
you mean good luck with workpermit application? Or did u assume it will be denied anyway?:(
No - that's not what I mean.

Another member here was recommending that you submit your work permit application at the border with your LMIA instead of applying for the work permit online from your home country.

Online work permit applications are still being processed. And once approved, you can still travel to Canada.

What is not being processed at the border right now is work permit application. This used to be possible for certain individuals but has been stopped due to COVID-19.
 
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krish3108

Newbie
Aug 8, 2016
4
0
Hello
Thanks for the sharing information.

Could you please provide who is writtern the busineess plan ??
Please provide share the email id so PM.
 

krish3108

Newbie
Aug 8, 2016
4
0
Hello,

I am going to create this thread to document my entire journey of applying for LMIA, getting a work permit and then eventually getting PR for Canada.

Profile
Age - 33
Nationality - Indian
Dependents - 2 (Spouse and Child)
EE Score - around 350 (Because of no academic qualifications)
IELTS - 7.5 overall

Visitor visa Denied (May 2019)
I was recently denied a Visitors visa to Canada, which i applied myself using the online portal. I have traveled to at least 20 countries with at least 20 trips in last 10 years to US. The reason for denial was standard letter "We don't feel you will return to your home country". In retro-respect, i feel the application was denied because i didn't provide enough documents (or any documents for that matter). I have visas for a lot of countries and i thought based on travel history, any documents showing financial stability or ties to my home country won't be required (lesson learned). I could easily apply again with a good supporting set of documents but my attorney that is doing the LMIA and work permit is suggesting i must wait and just focus on LMIA application.

LMIA Application and process (Started in May 2019, submitting application around Aug 20th 2019)
Started this process around end of may and last 3 months has been just going back and forth between attorney and there team to create business plan and provide support documents for Owner operated LMIA application as a owner in BC with Salary of $55 per hour (High wage category).

According to my attorney this type of application is expedited and gets a decision in 10 Business days, but lately they have been seeing applications taking as long as 4 weeks.

We should be faxing in the application from my attorney's office sometimes next week (Aug 19 to Aug 23 2019).

I have opened a bank account in Canadian Bank, and sent $150,000 to my account as proof of funds for the business, we will be attaching this to LMIA application.

Feel free to ask questions or provide any feedback you might have.
Hello
Thanks for the sharing information.

Could you please provide who is writtern the busineess plan ??
Please provide share the email id so PM.
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
i have never heard of anyone getting LMIA approved in 2 days, specially for 00 NOC, but i guess some people are luckier than others.

Yes, i am applying again with tons of documents this time.

Border option is not an option for me anymore because there are no international flights going out of india since march 23 because of the lockdown due to Covid, we are hopeful flights will open in July but we will see. If i do go to US, i will already have an application under process that time, so going to border will not make sense, if i do get denied, i think its better to go for JR (Judicial review) rather than applying for 5th time (2 TRV plus 2 WP applications).
Good luck to you. And thank you for sharing all this information - it's very useful.
 
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Sarabaz

Newbie
Jun 29, 2020
4
0
Hello,

I am currently in Canada, Vancouver, and my wife got a study permit (we landed on Jan 21st, 2019). now I got an LMIA and I want to change my status to close work permit and my wife's status to open work permit. Now, the problem is, there is upcoming tuition that we should pay in 2 months, I have 2 questions regarding my situation:

1- Can we apply for my close work permit and her open work permit at the same time?
2-while my wife's application is in process, can we ignore the upcoming tuition? will it be legal for her quit university before her application approved? or can she take a term off?

Thanks all.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
Hello,

I am currently in Canada, Vancouver, and my wife got a study permit (we landed on Jan 21st, 2019). now I got an LMIA and I want to change my status to close work permit and my wife's status to open work permit. Now, the problem is, there is upcoming tuition that we should pay in 2 months, I have 2 questions regarding my situation:

1- Can we apply for my close work permit and her open work permit at the same time?
2-while my wife's application is in process, can we ignore the upcoming tuition? will it be legal for her quit university before her application approved? or can she take a term off?

Thanks all.
You would both need to stop working and change your status to visitors if you want to apply for a work permit and not pay tuition.
 

WR ACCA

Full Member
Oct 25, 2018
39
2
Hi @canadavisaQs, I consulted a lawyer in Canada for owner operator he suggested to seek another program since lower success rate but higher complexity of owner operator.
@canadavisaQs what do u suggest about overall success rate and complexity level?
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
Hi @canadavisaQs, I consulted a lawyer in Canada for owner operator he suggested to seek another program since lower success rate but higher complexity of owner operator.
@canadavisaQs what do u suggest about overall success rate and complexity level?
What was the alternative program he suggested? Yes, there are many easier programs, but most people go for Owner-Operator because they don't qualify for any of the others.
 

Ghurala

Star Member
Dec 9, 2019
99
20
Hi @canadavisaQs, I consulted a lawyer in Canada for owner operator he suggested to seek another program since lower success rate but higher complexity of owner operator.
@canadavisaQs what do u suggest about overall success rate and complexity level?
It can be bit complex program but I think OOLMIA is one of the best program for someone who doesn't qualify for any other program. All PNP entrepreneur programs have net worth requirement and also quotas for the year, most applicant either doesn't either meet the net worth or left behind due to the quota. But beauty of OOLMIA program is, there is no minimum investment requirement, no net worth requirement and no QUOTAS. Now many Folks, have this question, so what would be the enough investment or how much funds to show? The answer is very simple, "your investment and your funds should make sense with your business plan". This programs gets complex and challenging when applicants doesn't really focus on all the ESDC guidelines. Buying a business or showing huge funds are simply not enough.I have studied cases where an applicant with 250k investment have received negative LMIA but an applicant who have only made 40K of investment received positive LMIA and work permit. There are many other factors that need to be looked at in detail such as Transition plan, Company structure, demonstration on the creation or retention of Canadian jobs. One of the main reason that ESDC officer issues NOC O or A LMIA instead of NOC OO is poorly explained company structure.

Business plan is the soul of this program, there are guys who can make you a business plan for 250$ and there are who do it for 5k, but at the end of the day its is your and your representative responsibility to make sure that you are following all the ESDC guidelines and that your business plan is making sense in regards to your company structure and your investments/funds.
 

Rounakm12

Star Member
Mar 24, 2018
100
5
Hello Sir/Madam,
Hope everyone doing well!

I am on closed work permit and my work permit is expiring soon in September. I got an invitation for PR last week and at the same time my employer asking me to submit the document for the work permit extension for another year. So I am confused about which one I should submit first(PR or work permit extension)?

Also, Can I submit my closed work permit extension after the PR application submission? Please suggest the best approach.

Thank you members :)