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Owner-Operator policy

adee

Member
Sep 14, 2008
11
0
hi every one,
Finally i found any relevant forum in relation to owner operator program.
im British national and wanted to migrate to Canada to join my family through owner operator program. if any one could help me regarding all the procedures of this program. or suggest me any good immigration solicitor who can help me with reasonable fee.

regards
adee
 

Ghurala

Star Member
Dec 9, 2019
99
20
hi every one,
Finally i found any relevant forum in relation to owner operator program.
im British national and wanted to migrate to Canada to join my family through owner operator program. if any one could help me regarding all the procedures of this program. or suggest me any good immigration solicitor who can help me with reasonable fee.

regards
adee
Hello Adee,

I am RCIC here in Toronto Canada, let me know what are your questions about Owner Operator Program.
 

broko85

Full Member
Jul 3, 2017
30
2
You will get 200 points on the basis of the Positive LMIA in regards to NOC 00 but keep in my one the requirement for this kind of LMIA is to create at least one job for Canadian residence. You would have to keep running the business for this purpose.
Basically you will be asking the ESDC that you cannot run the business without you being able to present and work in Canada in your own business and so you need a work permit.
on the basis of this they will issue an LMIA which you can use to apply for work permit for up-to 2 years and can use it in express entry to get additional 200 points.
Hello Ghurala many thanks for your message apologies for the late reply. I have just a few more questions, i understand the ESDC is now asking questions like

    • 1 - Please provide an in-depth detailed explanation as to why you are required to be physically present in Canada.
    • 2 - Please provide an in-depth detailed explanation as to what has been accomplished for this business in Canada so far and how the task was completed (also who completed the tasks for you).
    • 3 -Please provide any signed contracts/service agreements/purchase orders that you have with any Canadian clients, customers, or partners.
    • 4 -Please provide any proof of financial investments made for this business aside from lease agreements and registration fees (such as invoices/receipt of purchase of office equipment, purchase of website domain with url, and etc).

They appear very easy but when you look deeper i am not sure a logical answer is enough - for example 1 above i am sure any owner of a business would like to be present to ensure the business is run in the way the owner visions it. (my business is an eCommerce market place linking buyers and sellers) so physically need to be there to 1) complete the portal website and get advsertising plans proposals along with execution, 2) see partners for other business growth opportunities especially in the sustainability area and 3) hire and train staff exactly how i want customer support to work, new business innovation to develop and finally the portal was 80% built remotely but the final 20% needs to be done with a Canadian firm to ensure Canadian regulations are adhead to. Does this appear to be enough as they want "in depth" detailed explanation.

2) without being in Canada only an accountant for filing company year ends and securing a payroll provider can be done remotely, all other areas i need to be there to do this as above. the portal was 80% built remotely but the final 20% needs to be done with a Canadian firm to ensure Canadian regulations are adhead to. Is that enough?

3) the company is not trading just yet so all these items will not be available at this stage

4)i am not sure does this mean purchase of domain, 80% of website cost built, accountant, payroll consultant is ok? is that deemed enough for them?

and my final question assume i approved what are the steps to actually claim the 200 points as i noticed the threads above mentoined job offer with NOC 00. My express entry profile NOC is 0111.

Thanks again for your interpretation and thoughts.
 
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adee

Member
Sep 14, 2008
11
0
Hello Adee,

I am RCIC here in Toronto Canada, let me know what are your questions about Owner Operator Program.
1: i used to have UK Entrepreneur visa from 2013 to 2018 until i get UK citizenship. i did run the bookkeeping and payroll company from 2013 to 2018.
i have done my Bachelor from UK in Accounting and finance.
Can i Choose different industry for owner operator program or it has to be the same as you work experience?

2: do i have to purchase or invest in existing running business or can i open my own company with my Canadian citizen brother?

3: can i bring my wife and kid with me through owner operator program?

4: do we have to attach any business plan while applying LIMA?

5: is there any Minimum investment requirement for this program?

6: if we successfully get the work permit then what with be the company requirements for applying PR.

ill be appreciate If you kindly give me the answers of above questions.

regards
adee
 

Apuri

Newbie
Sep 26, 2019
1
0
Hi under the owner operator lmia can you add any of your family member for the business you are buying but that family member is not going to relocate to Canada its just to help for finance the main applicant? Experts advice would be appreciated. TIA
 

Ghurala

Star Member
Dec 9, 2019
99
20
Hi under the owner operator lmia can you add any of your family member for the business you are buying but that family member is not going to relocate to Canada its just to help for finance the main applicant? Experts advice would be appreciated. TIA
Yes you can, but you need to own minimum 51% of the share of the company.
 

broko85

Full Member
Jul 3, 2017
30
2
Depends on your NOC code, anything with 00 is 200 points, and i think Noc starting with 0 (not 00) A and B are 50 points only.

You do not need to be running the business to get the extra points. The points are solely for a job offer (after positive LMIA)
Hello i understand i do not need to be running the business but i was told i am not actively engaged and as such there is no employment business need. So my question is how to you get the business to be deem operational if you are NOT in Canada and then if it is prove that you cannot just run the business from abroad because if you are then why are you needed in Canada... these 2 questions are tricky and i am now preparing my 2nd application as the 1st was negative due to the above.
 
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broko85

Full Member
Jul 3, 2017
30
2
You will get 200 points on the basis of the Positive LMIA in regards to NOC 00 but keep in my one the requirement for this kind of LMIA is to create at least one job for Canadian residence. You would have to keep running the business for this purpose.
Basically you will be asking the ESDC that you cannot run the business without you being able to present and work in Canada in your own business and so you need a work permit.
on the basis of this they will issue an LMIA which you can use to apply for work permit for up-to 2 years and can use it in express entry to get additional 200 points.
Can you hire a family member living in Canada whom is not employeed example my mum to be office manager as the 1st hire?
 

Harvinder73

Member
Jan 28, 2019
13
1
Hello i understand i do not need to be running the business but i was told i am not actively engaged and as such there is no employment business need. So my question is how to you get the business to be deem operational if you are NOT in Canada and then if it is prove that you cannot just run the business from abroad because if you are then why are you needed in Canada... these 2 questions are tricky and i am now preparing my 2nd application as the 1st was negative due to the above.
The whole foundation of the Owner-Operator scheme is that the owner himself/herself comes and operates the business. So whoever told you that you don't need to be running the business actively was misinformed.

As far as your second question is concerned, I don't have an answer. I'm yet to reach that stage in my application.

It's sad to know your application was rejected once. Are you doing it yourself or have you hired a consultant?
 
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broko85

Full Member
Jul 3, 2017
30
2
The whole foundation of the Owner-Operator scheme is that the owner himself/herself comes and operates the business. So whoever told you that you don't need to be running the business actively was misinformed.

As far as your second question is concerned, I don't have an answer. I'm yet to reach that stage in my application.

It's sad to know your application was rejected once. Are you doing it yourself or have you hired a consultant?
hi i think you may have mis understood, in the initial stages of the owner operator if you are able to run the business from overseas the officer can look at this and wonder why there is a need for you to be in Canada. However if you are required to be in Canada to run the initial business operations how can this be done if you are not legally there or have a work permit or visa.

i am not sure how to convince the ESDC office the business is operational if i am not there and if by chance i can get it running to convince them that i need to be there to run it rather than do it from overseas. If you know what i mean.
 

Ghurala

Star Member
Dec 9, 2019
99
20
hi i think you may have mis understood, in the initial stages of the owner operator if you are able to run the business from overseas the officer can look at this and wonder why there is a need for you to be in Canada. However if you are required to be in Canada to run the initial business operations how can this be done if you are not legally there or have a work permit or visa.

i am not sure how to convince the ESDC office the business is operational if i am not there and if by chance i can get it running to convince them that i need to be there to run it rather than do it from overseas. If you know what i mean.
You are correct, you need to show the VO the real need for you to be Canada to operate your business. Business plan plays a key role here, you will need to provide a strong business plan and obviously some other factors such as experience, funds also plays a vital role.
 

broko85

Full Member
Jul 3, 2017
30
2
The whole foundation of the Owner-Operator scheme is that the owner himself/herself comes and operates the business. So whoever told you that you don't need to be running the business actively was misinformed.

As far as your second question is concerned, I don't have an answer. I'm yet to reach that stage in my application.

It's sad to know your application was rejected once. Are you doing it yourself or have you hired a consultant?
hi i hired a consultant before but did not find they were fully proactive and supportive i had to really do most of the research. the ESDC officer did tell me not to reapply until i have found a way to have the business operational that is generating goods and services and then the 2nd criteria should be ok. i am looking for another consultant that is very comprehensive with the process. As well as i need to open a bank account but cannot do this from outside canada either. sigh
 

Ghurala

Star Member
Dec 9, 2019
99
20
Yes, you can. There is no restrictions that you cannot hire family member but you have to be careful with your intent.
 

ayamsazi

Member
Apr 13, 2019
10
0
hi i hired a consultant before but did not find they were fully proactive and supportive i had to really do most of the research. the ESDC officer did tell me not to reapply until i have found a way to have the business operational that is generating goods and services and then the 2nd criteria should be ok. i am looking for another consultant that is very comprehensive with the process. As well as i need to open a bank account but cannot do this from outside canada either. sigh
https://www.canada.ca/en/financial-consumer-agency/services/banking/opening-bank-account.html#toc1
The site says "You MAY need to go to the financial institution in person to open a bank account." .. so there is a possibility that you can open the account without being present and this is exactly what our consultant said as well. Issue is finding such a bank!.

We are also stuck at this stage of trying to gather documents to prove that the "business is up and running and actively engaged".