Temporary foreign worker program

Owner-Operator LMIA Work Permit

Program Description

Foreign investor entrepreneurs wishing to relocate to Canada, should consider acquiring an established business or launch a new business in Canada, and apply for a work visa as a management employee. Revised federal policies governing new business owners under the Temporary Foreign Worker (TFW) program is gaining considerable attention. After a period of less than 1 year, successful temporary work visa holders can transition to permanent residence under a provincial program or as a federal skilled worker under Express Entry.

The rules are complex but navigable. A foreign employee-investor can create a new business, acquire an existing Canadian business, or invest substantially in an enterprise and qualify for a work permit as a TFW. The acquisition of the business by the foreign national must, among other conditions discussed below, result in the creation or retention of Canadian jobs and there must be knowledge transfer to Canadians.

The Criteria for Qualification as an Owner -Operator

The Foreign national must demonstrate a level of controlling interest in the business (at least 51%); and Must prove that his/her temporary entry to Canada will create or retain employment opportunities for Canadians and permanents residents and/or transfer skills to Canadians and permanent residents; and Must detain a non-dismissible position (must occupy a superior position or one of superior positions in the company without the possibility to be dismissed); A foreign national must provide a detailed business plan showing the business financing and creation or maintenance of employment, this plan must include a rudimentary financial plan and timeline of events; and Must be actively involved in the management of this business and must have be remunerated according to his/her qualifications and experience at a level equal to or greater than the median wage requirements for the occupied position; and Must employ at least one Canadian or permanent resident in the first year of the company activities; A foreign national must possess verifiable, transferable management experience; A foreign national must have sufficient assets to purchase, or start the targeted business in Canada; A foreign national must have sufficient language abilities in either English or French (CLB 5 in each of 4 components) to actively work as a manager in the business.

APPLICATION PROCEdures

Service Fees: To be provided after assessment and consultation.

The foreign investor identifies a Canadian business to purchase.
A Labour Market Impact Assessment (LMIA) is submitted along with a suitable business plan (2-3 months for LMIA Application Process).
Once a positive LMIA opinion is issued, the foreign investor applies for a 12-24 months, renewable temporary work permit (Approximately 3 months for Work Permit Applicatioh.