The employment of a temporary foreign worker (TFW) is a very interesting process for all Canadian employers. Thus, in order to employ a TFW, any employer in Canada must obtain authorization from the government. To do so, the employer must prove that by hiring a TFW there is no negative impact to the Canadian labor market. In most cases, the employer must apply for approval of the LMIA (Labor Market Impact Assessment). The application for this assessment must be completed without error, as it passes a very detailed review.

In most cases, the employer must advertise the available positions to Canadian workers within a certain period of time. However, there are some exemptions to this rule. One of such exemptions is the Owner/Operator LMIA. This assessment is made for those foreigners who wish to purchase an established business or launch a new one in Canada and to work in that business as its manager, for example. Usually the foreign nationals do so with the aim to immigrate permanently to Canada in the future. The criteria for qualification of a foreign national as an owner/operator are very simple:

1. He/she must demonstrate a level of controlling interest in the business; and

2. He/she 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

3.He/she 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).

As the Owner/Operator LMIA is an exception to the rule, no advertising or recruitment is required. This option is also available anywhere in Canada. The key requirement is that the foreign national owns at least 50% and one share of a Canadian business. However, there are some other important requirements:

There are a few things to note:

Start-up issues: It may be difficult for a start-up business to qualify, as it would not be “actively engaged in the business”. It is possible to get Owner Operator LMIA for a start-up, but the clients should made some investments in leasehold improvements and equipment and show some operations before the application assessment is made.

Business Purchases: It would thus be easier to purchase a business rather than start up a new Enterprise, as you could show that the business was “actively engaged” in the business.

Role of the Owner Operator prior to LMIA approval: An interesting issue arises with respect to the Owner Operator’s role. While one may be able to show that the employer company which the Owner Operator wishes to purchase is “actively engaged in the business”, is it necessary to show that the proposed Owner Operator is already involved in the business?

Owner Operator’s future role: Applicants would need to show that they are needed in the business. In one application we had, our client’s business already had a manager, and the Officer questioned the need for our client to be in Canada. We submitted that the things the Canadian manager could do were limited, and that the business needed to have an Owner Operator to really take overall responsibility.

Ability to afford Owner Operator: Ensure that the company has sufficient financial resources to be able to hire (and pay) the Owner Operator, especially if there is a salary committed to

Compliance with Employment laws: Ensure that the business being purchased has been compliant insofar as recruiting and employment laws. This appears to be broader than the “blacklist” by ESDC

LMIA Exempt Work Permits for Start-ups: If the client really wished to start a particular business from scratch, it may be better to have him/her obtain a Work Permit as a Free Trade Investor or one of the LMIA Exempt categories first, and then apply for the Owner Operator LMIA after the business has been established and operating.

The applicants who are granted parents and grandparent super visa can apply for Multiple Entry Visa till 10 years. If one application is approved by CIC, a letter is issued to the applicant that allows the applicant to visit his or her family for 2 years.