Entrepreneurs/Self-Employed Candidates Seeking To Operate A Business
Entrepreneurs who are the only or majority owner of a seasonal Canadian firm or in situations where the owner of the Canadian business wants to retain a principal home outside of Canada may be eligible for an entrepreneurs/self-employed work permit.
In such cases the work permit could be exempt from the need for the Canadian government's labour market test, known as an "LMIA" or Labour Market Impact Assessment.
Immigration, Refugees and Citizenship Canada (IRCC) is reluctant to issue temporary work permits to business owners who plan to manage a permanent, year-round business in Canada on an indefinite basisPotential candidates may want to restructure their company in Canada in order to qualify for a different kind of work permit, or they may want to apply for permanent residence status through one of Canada's business immigration programs.
Owner Operator Work Permit
With a variety of federal and provincial immigration schemes for qualified workers, Canada has a strong and effective immigration system. And it's a Foreign Entrepreneur Owner-Operator Work Permit. However, there aren't many federal initiatives available to international investors and entrepreneurs looking to launch a new company or purchase an existing one in Canada.
The government program for immigrants who are self-employed is a specialized one that caters primarily to athletics and cultural entertainers. It is a requirement of the Federal Start-up Visa program that the entrepreneur cooperate and engage with specified organizations.
About the Owner-Operator Work Permit
The owner-operator work permit path is a two-step process, with the first work permit acting as the foundation for obtaining a permanent residence status in Canada. The steps below are part of the Owner-Operator LMIA pathway.
a. Buy an existing Canadian business or setup up a new business in Canada
b. Create a job position for yourself as an employee of the business and apply for the Owner-Operator work permit
c. Get a work permit and start working for your own business as its employee
d. Apply through Express Entry and become a permanent resident of Canada
Qualifying as an Owner-Operator
Some foreigners who are interested in investing in a business in Canada are not eligible to become owner-operators. You must meet crucial conditions relating to business control and benefit to Canada through job creation or skill transfer in order to qualify as an owner/operator.
Business Control
You must own a majority share of the company you want to run as an owner-operator. If the firm is a partnership or company, this means that you must either be the single owner or hold the majority of the equity.
Whether you have the ability to be fired from your position inside the company is the simplest sign of business control. This will clearly not be achievable if you run the company.
Benefit to Canada—Job Creation or Skill Transfer
You are not automatically considered an owner-operator if you just purchase a business and hire yourself as an employee. Whether your presence in Canada and involvement in the firm will result in the transfer of skills or knowledge to Canadians or the creation or retention of jobs for Canadians is a crucial factor.
Active Participation in Management of the Business
The owner-operator work permit differs from a passive investment immigration program because the applicant must actively participate in the management of the business.
You must have a strong business experience and have a good track record of creating and sustaining successful businesses. You must create a detailed business plan for the business and must play a key role in executing it in Canada.
Authorities will also review your company plan to determine its feasibility, confirm your business acumen, and determine the level of control you have over the enterprise to determine if you meet the criteria for actively operating the enterprise.
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