Canada is a global leader in entrepreneurship, with small and medium-sized businesses contributing over 50% of the country’s GDP and employing more than 10 million people. Its stable economy, skilled workforce, and business-friendly environment offer the perfect platform for growth and innovation.
The Owner-Operator business visa is an excellent pathway for individuals who want to invest in and manage their own business in Canada while contributing to its economic development. In this blog, we’ll explore what makes the Owner-Operator business visa unique, its eligibility criteria, and how Surrey Immigration Consultancy can guide you at every step of your journey.
What is the Owner-Operator Business Visa?
The Owner-Operator business visa is a specialized pathway for entrepreneurs, business owners, and investors to establish or acquire a business in Canada. This visa allows you to actively manage and operate a business while creating opportunities for permanent residency under Canada’s economic immigration programs. |
Features of the Owner-Operator Business Visa
Business Ownership
Applicants must demonstrate significant ownership in a Canadian business (at least 50% or more).
Active Management
The visa requires active participation in the daily management and operations of the business.
Job Creation
The business must contribute to the Canadian economy by creating jobs for citizens or permanent residents.
Labor Market Impact Assessment (LMIA)
Applicants must secure a positive LMIA to prove their business benefits the local labor market and economy.
Pathway to PR
Successfully establishing a business can provide eligibility for permanent residency through programs like the Express Entry system or Provincial Nominee Programs (PNPs).
Who Is It For?
- Entrepreneurs seeking to expand their business operations into Canada.
- Investors looking to acquire a Canadian business.
- Business professionals aiming to relocate and contribute to Canada’s economy through innovative or growth-oriented ventures.
Eligibility for the Owner-Operator Business Visa
Applicants must fulfill several important requirements to qualify for the Owner-Operator LMIA (Labour Market Impact Assessment) program. These include:
- Comprehensive Business Plan: Present a detailed and feasible plan that outlines the business’s goals, operations, and potential for success.
- Proven Management Experience: Demonstrating a strong track record in managing businesses effectively.
- Sufficient Financial Resources: Having the necessary funds to acquire and operate the intended business in Canada.
- Language Proficiency: Proficiency in either English or French to manage the business effectively in Canada.
- Majority Ownership: Showing significant control in the company, such as being a sole proprietor or holding a majority share.
- Economic Contribution: Proving that the temporary entry will lead to job creation for Canadian citizens or permanent residents.
- Share Retention Restrictions: Ensuring more than 50% of the business ownership remains with the applicant.
- Job Offer Requirement: Ownership alone is insufficient; applicants must have a job offer to manage the acquired business.
These criteria ensure that applicants can contribute to Canada’s economy while meeting the program’s requirements.
Steps to Apply for an Owner-Operator Business Visa
Follow these steps to apply for an owner-operator business visa.
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Buy or Build a Business
The journey begins with selecting a viable business opportunity in Canada, whether by purchasing an existing business or establishing a new one. This business should align with your skills and experience while demonstrating growth potential and economic contributions.
At Surrey Immigration Consultancy, we help identify and evaluate suitable businesses, ensuring they meet the eligibility criteria for the Owner-Operator Business Visa.
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Obtain the LMIA Approval
A crucial step involves applying for a Labour Market Impact Assessment (LMIA). This requires a clear business plan that shows your business is viable and can create jobs for Canadians or permanent residents.
A positive LMIA strengthens your application and validates your role as the business manager. At Surrey Immigration Consultancy, we specialize in creating detailed, compliant business plans and guiding you through the LMIA process to help you build a strong case.
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Obtain a Work Permit
Once the LMIA is approved, you can apply for a temporary work permit to manage the business in Canada. This permit generally lasts 12–24 months and allows you to actively oversee operations while establishing your presence in the Canadian business environment. Surrey Immigration Consultancy ensures all necessary documents and applications are accurately prepared, streamlining the work permit process.
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Participate in the Express Entry Program
After completing at least one year of work in Canada, you can apply for permanent residency through the Express Entry program. This step involves providing proof of your contributions to the business and the Canadian economy. With our expertise, we help you transition smoothly from temporary status to permanent residency, including preparing your Express Entry profile.
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Obtain Canadian Permanent Residency
Achieving permanent residency opens the door to numerous opportunities in Canada, including access to healthcare and social benefits. Our team guides you through this final phase, ensuring you meet all requirements and submit a compelling application for permanent residency.
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Apply for Canadian Citizenship
After fulfilling the residency requirements, you may apply for Canadian citizenship, officially becoming part of a country known for its inclusivity and economic opportunities. Surrey Immigration Consultancy supports you at every step of this transformative journey, making the complex process simpler and more manageable.
By integrating our expert guidance at every stage, we help make your transition to Canada seamless, setting you up for long-term success in your business and personal endeavors.
What is an LMIA?
A Labour Market Impact Assessment (LMIA) is an official document issued by Employment and Social Development Canada (ESDC) that evaluates whether hiring a foreign worker would negatively impact the Canadian labor market. The LMIA confirms that hiring a non-Canadian worker is necessary and will not displace Canadian citizens or permanent residents.
For an Owner-Operator LMIA, this document is crucial for foreign entrepreneurs applying for a work permit to run their business in Canada. The LMIA process ensures that companies looking to hire a foreign entrepreneur can prove their need for the individual’s specific skills and managerial expertise and that they have exhausted efforts to find suitable candidates from within Canada.
Obtaining an LMIA can be challenging, as it requires businesses to provide comprehensive evidence that no Canadian workers were available or qualified for the role. The process demands a significant investment of time and resources, as the company must document its recruitment efforts and demonstrate that hiring a foreign worker is essential for the business’s success. This ensures that Canadian labor market interests are protected while allowing businesses to hire skilled foreign entrepreneurs when necessary.
Canadian Work Permit for Owner-Operator LMIA
Foreign entrepreneurs looking to establish or manage a business in Canada may qualify for a Canadian work permit through the Owner-Operator Work Permit (OOWP). This pathway allows foreign nationals to work in Canada while managing their business. There are two types of work permits available under this program:
Work Permit Based on LMIA
Under this method, foreign investors must first secure a job offer and obtain a positive LMIA. The LMIA proves that hiring a foreign worker will not negatively impact the Canadian labor market, as the applicant must demonstrate the need for managerial expertise in the business.
Work Permit Exempt from LMIA
In this method, foreign business owners are not required to provide an LMIA. Instead, they must prove that their work is essential for the business’s success in Canada, such as being a sole proprietor or holding a significant controlling stake.
Controlling Share
To qualify for the LMIA exemption, the foreign business owner must hold a controlling share in the company. This generally means:
- Owning 50.1% or more of the shares or being the sole shareholder.
- Actively participating in the day-to-day management and operations of the business.
- Having a level of control that makes termination impossible, as you are either the majority owner or the only shareholder.
This structure ensures that the business owner is integral to the operation and success of the business, making them eligible for the LMIA exemption.
If a foreign entrepreneur applies for permanent residence, they can also apply for an LMIA exemption work permit, simplifying their path to becoming a permanent resident in Canada. The LMIA can be changed or exempted for those who meet these criteria based on their controlling stake and essential role within the business.
Benefits of the Owner-Operator LMIA Program
The Owner-Operator LMIA Program offers several advantages, making it an attractive option for foreign entrepreneurs looking to establish a business in Canada.
Stronger Economic Justification
This program is often seen as having a higher economic justification than other Canadian immigration pathways. It allows foreign investors to contribute directly to the Canadian economy by creating jobs and investing in local businesses.
Streamlined Work Permit Process
Foreign entrepreneurs who meet the eligibility criteria can obtain a work permit to manage their businesses in Canada with a solid business plan and supporting documentation. This is a relatively straightforward path.
No Immediate Language Requirement
One major benefit is that language proficiency in English or French is optional for the Owner-Operator LMIA application. This requirement can be fulfilled after the applicant arrives in Canada.
Location Flexibility
Unlike other programs, the Owner-Operator LMIA is not limited to specific provinces. Entrepreneurs can choose any city across Canada that aligns with their business needs and lifestyle preferences.
Access to Education
The children of foreign investors under the Owner-Operator LMIA program can attend Canadian schools and benefit from the country’s high-quality education system.
Business Flexibility
Entrepreneurs entering Canada under this program can change or purchase a different business after arriving there. This allows them to adapt to changing market conditions or explore new opportunities.
Pathway to Permanent Residency
After working in Canada for one year, foreign investors and their immediate family members may apply for permanent residency. Provided they meet the eligibility requirements, this can be achieved through programs such as the Federal Express Entry Program or a Provincial Nomination Program.
These benefits make the Owner-Operator LMIA program a favorable option for business-minded immigrants looking to settle in Canada while contributing to the economy.