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Immigration Intra-Company Transferee Work Permits

BC Owner/Operator LMIA Labour Market Impact Assessments immigration lawyers help owners and operators of businesses compete and to increase their profits.

In our last blog, we talked about the Labour Market Impact Assessment (“LMIA”) applications for hiring temporary foreign workers. Traditional LMIA applications are not easily approved by Employment and Social Development Canada (ESDC)/Service Canada since their objective is to protect the local labour market against negative labour market impacts. However, there are still some situations where employers are not required to post advertisements to have a successful LMIA application.  In today’s blog, Helen Han of MacLean Law would talk about one special LMIA program, the BC Owner/Operator LMIA Labour Market Impact Assessments.

BC Owner/Operator LMIA Labour Market Impact Assessments 1 877 602 9900

If you are a foreign national who either owns a business in Canada or intends to purchase a business in Canada, you may be eligible to apply for a BC Owner/Operator LMIA Labour Market Impact Assessments ruling without having to conduct recruitment efforts and post job advertisements.

Here is what the ESDC website says about Owner/Operator requirements:

  • – Owns at least 50.1% of the shares of a Canadian business, or being the sole shareholder of the business.
  • – Able to provide an official document to confirm that one shareholder has the controlling interest.
  • – The business owner-applicant cannot be dismissed from the business.

Other requirements that are not indicated on the ESDC website, but are often requested by case officers:

  • – Demonstrate that the business has the financial ability to support the business owner/pay its salary.
  • – Able to provide a strong business plan to satisfy the officer that the business is genuine, out there to make money and not a tool for immigration alone.
  • – Demonstrate that the business owner will actively manage the business daily.
  • – The business owner should have relevant business ownership/management experience
  • – Has plans to hire Canadian/Permanent Resident employees

BC Owner/Operator LMIA Labour Market Impact Assessments 1 877 602 9900

After obtaining the LMIA approval and the corresponding work permit, the foreign worker will be able to legally work in Canada. In addition, they will receive an additional 50 Express Entry points (additional 200 points under NOC 00) to their EE points system which will increase the chance for them to receive an Invitation to Apply.  Not every business owner will be able to be classified under a NOC 00 occupation and obtain 200 points, so whether this is doable should be consulted and strategized carefully with a professional immigration lawyer or consultant familiar with BC Owner/Operator LMIA Labour Market Impact Assessments.

Owner/Operator LMIA requirements on the ESDC website are very general and provides minimal guidance on how an employer can be eligible under the category.  A business owner may meet all the requirements listed on the website but still receive Owner/Operator LMIA refusals due to other factors.  Thus it is critical to have experienced immigration lawyers or consultants to walk business owners through every step of the application process to ensure that all key points for Owner/Operator LMIA applications are covered thoroughly.  For this reason, it is important to talk to an experienced professional before purchasing a business or shares of a business, given that a lot of money is at stake.

If you are a foreign national who is a business owner, or an entrepreneur who is about to purchase a business, consult with our professional immigration team at MacLean Law to discuss your BC Owner/Operator LMIA Labour Market Impact Assessments needs and work permit options.

Vancouver BC Immigration Lawyers 1 877 602 9900

MacLean Law is an award-winning law firm with head office in downtown Vancouver and regional offices across Western Canada in Surrey, Richmond, Kelowna, Fort Saint John and Calgary.

We are a proud employer of a multicultural office environment where our talented professionals have cultural roots all over the world, including but not limited to China, Hong Kong, Taiwan, India, England, and Iran.