There are multiple options available for foreign business people interested in buying or starting a business in Canada. Under Canada’s federal and provincial laws governing corporations, a non-resident or foreign entrepreneur or investor may register a company in Canada from scratch or by setting up a branch office or creating a subsidiary company in Canada. However, first, you will have to decide whether you wish to start a business in Canada by immigrating or without living in Canada. Business immigration programs in Canada offer pathways for individuals to obtain permanent residence, either immediately upon starting a business or after a year of operation. These programs are a means for experienced businesspeople to immigrate by investing in or purchasing a business, and it is important to understand the eligibility and processes involved.
Most options for buying a business in Canada for non-citizens may also include temporary or permanent residence routes.
First, you may be eligible for Canada’s Start-Up Visa program with the support of a designated investor organization or venture capital fund. Under this program, you will also need to have a qualifying business, be proficient in English or French, and have enough funds to support yourself and your family when you move to Canada.
Second, if you already have an established business and wish to expand into Canada, each individual province or territory has its own registration procedures and required fees controlling extra-provincial incorporation. If you wish to expand into multiple provinces, you will need to contact that province’s provincial registry and meet each province’s requirements for the extra-provincial corporation. The extra-provincial incorporation process will generally require you to obtain an Agent for Service who is either an individual at least 18 years old and a resident of that province or a corporation with its registered office in the province.
However, if you are not a Canadian citizen and you do not already have your own established business in your country, there are still options to open a business in Canada. Owner-operator policies offer a temporary work visa to foreign investors and entrepreneurs who want to buy an established business in Canada or start their own business. The entrepreneur or investor can then apply for a work visa as an owner or management-level employee under Canada’s Temporary Foreign Worker (TFW) program.
Once a non-citizen has identified a Canadian business to purchase, a Labour Market Impact Assessment (LMIA) must be submitted together with a suitable business plan. To be suitable, this business plan must demonstrate that the purchase of the business by a foreign national will result in the retention or creation of Canadian jobs, among other conditions. Canadian immigration authorities play a crucial role in this process, and submitting a comprehensive business plan is essential to gain their approval.
After the foreign investor submits the assessment and business plan and a positive LMIA opinion has been issued, the foreign entrepreneur may then apply for a renewable temporary work permit. After arriving in Canada on a temporary work permit, the non-citizen may then begin applying for permanent residence as a federal skilled worker under Canada’s Express Entry program or under a provincial immigration program. Importantly, this process may take two to three months (depending on where the applicant is applying from) to submit the LMIA and complete the application process to receive a work permit.
Experienced business immigration lawyers like the team at Sobirovs Law Firm can help assist you in discussing the potential options for buying a business in Canada as a non-citizen or foreigner. Our team will walk you through the process and Canada’s corporate immigration system to successfully buy a business in Canada.
The Owner-Operator program is a popular pathway for foreign investors looking to buy or establish a business in Canada. This immigration program is designed to attract foreign investors who can contribute to the Canadian economy by creating jobs and stimulating economic growth.
Under this program, foreign investors can invest in a Canadian business and move to Canada to become permanent residents. The key requirement is to demonstrate that your business is genuine and will create employment opportunities for Canadians. This not only benefits the local economy but also aligns with Canada’s broader immigration goals of attracting skilled and entrepreneurial individuals.
The Owner-Operator program offers a unique opportunity for foreign investors to integrate into the Canadian business landscape while working toward permanent residence. By investing in a Canadian business, you can play a pivotal role in driving economic growth and innovation in your new home country.
To be eligible for the Owner-Operator program, foreign investors must meet several key requirements. First and foremost, you need to have sufficient funds to invest in a Canadian business. This financial stability is crucial as it demonstrates your ability to support the business and contribute to the Canadian economy.
A well-crafted business plan is another essential requirement. This plan should outline how your investment will create or retain Canadian jobs, thereby benefiting the local labour market. Additionally, you must meet the criteria set by the Labour Market Impact Assessment (LMIA), which evaluates the impact of hiring a foreign national on the Canadian workforce.
Your financial history also plays a significant role. A good credit score and a clean financial record are necessary to prove your reliability and financial responsibility. Moreover, having a strong business background and relevant experience will bolster your application, showcasing your capability to manage and grow the business successfully.
It’s important to note that eligibility requirements can vary depending on the specific immigration program and the province where the business is located. Consulting with a Registered Canadian Immigration Consultant (RCIC) can help you navigate these requirements and tailor your application to meet provincial and federal standards.
A Labour Market Impact Assessment (LMIA) is a critical component of the Owner-Operator program. This assessment evaluates the impact of your business on the Canadian labour market and is essential for obtaining a temporary work permit.
The LMIA application process typically takes 2-3 months to complete. During this period, you must demonstrate that hiring a foreign worker will not negatively impact the Canadian labour market. This involves showing that you have made genuine efforts to hire a Canadian citizen or permanent resident for the position but were unable to find a suitable candidate.
A positive LMIA result is crucial as it indicates that your business will benefit the Canadian economy without displacing local workers. Once you receive a positive LMIA, you can proceed with applying for a temporary work permit, bringing you one step closer to operating your business in Canada.
When selecting a business to buy in Canada, conducting thorough due diligence is essential. This process involves several key steps to ensure that the business is a sound investment and aligns with the Owner-Operator program requirements.
Start by researching the company’s financial stability and growth potential. Review its financial statements, revenue streams, and profitability to gauge its economic health. Next, examine the company’s contracts and agreements to understand its obligations and commitments.
Assessing the management team and employees is also crucial. A strong, experienced team can significantly impact the business’s success. Additionally, evaluate the company’s market position and competition to understand its standing in the industry.
Regulatory compliance is another important factor. Ensure that the business adheres to all relevant laws and regulations, as non-compliance can lead to legal issues down the line. Finally, consider whether the business is a suitable fit for you as a foreign national, ensuring it meets the Owner-Operator program’s criteria.
The process of buying a Canadian business involves several key steps, each crucial to ensuring a smooth and successful transaction. Here’s a step-by-step guide to help you navigate the buying process:
Identifying a Suitable Business: Start by identifying a business that aligns with your investment goals and meets the Owner-Operator program requirements.
Conducting Due Diligence: Perform thorough due diligence to assess the business’s financial stability, market position, and regulatory compliance.
Negotiating the Purchase Price and Terms: Negotiate to agree on a fair purchase price and terms that are acceptable to both parties.
Drafting a Purchase Agreement: Work with a qualified lawyer to draft a purchase agreement that outlines the terms and conditions of the sale.
Obtaining Financing (if necessary): If you require financing, secure the necessary funds to complete the purchase.
Closing the Transaction: Finalize the transaction by signing the necessary documents and transferring ownership of the business.
Throughout this process, it’s essential to work with qualified professionals, including lawyers and accountants, to ensure compliance with all relevant laws and regulations. Their expertise will help you navigate the complexities of buying a business in Canada, ensuring a smooth and successful transition.
Canada has several immigration pathways designed to attract wealthy business immigrants. One such pathway is the Owner-Operator program, which allows foreign investors to invest in a business in Canada and move there to operate it.
Below, you will find important information about this pathway as well as answers to the most commonly asked questions.
Buying a business in Canada can be a complex and time-consuming process, but with the right guidance, it can also be a rewarding experience. Whether you’re a seasoned entrepreneur or a first-time buyer, understanding the business buy process is crucial to making an informed decision.
Step 1: Research and Planning
Before starting your business buy journey, it’s essential to research and plan carefully. This involves identifying your goals, budget, and industry preferences. Consider what type of business you want to buy, its location, and the size of the company. You can find many businesses for sale in Canada on reputable sites, such as IBBA Canada or Business Sell Canada.
Step 2: Finding the Right Business
Once you have a clear idea of what you’re looking for, it’s time to start searching for businesses for sale. You can browse listings online, network with industry professionals, or work with a business broker. Look for companies with a proven success record, a strong reputation, and a solid financial foundation.
Step 3: Due Diligence
When you find a business that interests you, it’s essential to conduct thorough due diligence. This involves reviewing the company’s financial statements, assessing its assets and liabilities, and evaluating its market position. You may also want to consult with industry experts, lawyers, and accountants to ensure you’re making an informed decision.
Step 4: Negotiation and Purchase
Once you’ve completed your due diligence, it’s time to negotiate the sale. This involves agreeing on a purchase price, payment terms, and other conditions of the sale. Be sure to work with a reputable lawyer to ensure the sale is structured correctly and that your interests are protected.
Step 5: Closing the Deal
After the sale is negotiated, it’s time to close the deal. This involves finalizing the purchase agreement, transferring ownership, and completing any necessary paperwork. Be sure to review all documents carefully and seek professional advice if needed.
Additional Tips and Considerations
Work with a reputable business broker or lawyer to ensure a smooth transaction.
Consider the franchise fees and ongoing royalties if you’re buying a franchise.
Evaluate the company’s intellectual property, including trademarks, patents, and copyrights.
Assess the company’s market position and competitive landscape.
Review the company’s financial statements and tax returns.
Consider the location and accessibility of the business.
By following these steps and considering these tips, you can navigate the business buy process in Canada with confidence. Whether you’re buying a small business or a large company, the key to success is careful planning, thorough research, and a deep understanding of the business buy process.
The Owner-Operator program allows foreign owners of Canadian companies to come to Canada to run their businesses and to settle in Canada permanently. To benefit from this program, foreign investors must buy a business in Canada or establish their own business in Canada and demonstrate to the Canadian immigration authorities that their business is genuine and will create employment opportunities for Canadians. All financial figures mentioned are in CAD (Canadian Dollars).
However, please see our article about the recent changes to this program, which make it somewhat more burdensome.
Foreign investors who meet the following requirements are the ideal candidates for the Owner-Operator program:
A minimum of three years of managerial or business ownership experience.
Solid financial resources to buy a business in Canada.
Sufficient language abilities in either English or French to actively work as a manager in the business.
The ability and desire to operate a business in Canada and to participate in the day-to-day management of the business in Canada.
If you are interested in buying a business, it is advisable to consult an IBBA Canada business broker to assist in the purchasing process.
Foreign investors should consider the requirements for the Owner-Operator program before purchasing a business in Canada. For detailed information, visit “How to Buy a Business for Immigration and Profit in Canada.”
In short, the company in Canada should meet the following criteria in order to support its owner-operator’s permanent residence application in Canada:
The company in Canada must be active and operational, which means that it must have a physical location (not a virtual or home-based office), customers and at least one employee. Additionally, the business must be located in strategic locations to attract potential buyers.
The company must have solid financial performance and sufficient cash flow to pay the foreign investor’s salary.
The company should be operational for the past 3 years or at least for 12 months before the foreign investor can apply for permanent residence.
The foreign investor must directly hold and control at least 51% of the shares of the Canadian company.
The Canadian company must demonstrate that the foreign investor’s presence in Canada is required for managing its operations.
The Owner-Operator program does not have a minimum investment amount, but investment must make sense given the business plan.
The Owner-Operator program is available to any nationality.
There is no requirement for a pre-existing foreign company.
There is no minimum language requirement, but foreign investors are often asked to demonstrate their ability to manage a business in Canada and, therefore, should possess an intermediate level of English or French.
Foreign investors can apply for permanent residence in Canada using this program.
The Owner-Operator program is not suitable for start-up companies.
The company in Canada must be active and operational with adequate financial performance.
This program requires investment to purchase at least 51% of shares without guaranteeing success.
It's not the best model for tax purposes.
The Owner-Operator program is a two-step application process. Once the foreign investor buys a business in Canada, the company in Canada must apply to the Employment and Skill Development Canada (ESDC) office to obtain a positive Labour Market Impact Assessment (LMIA). Working with a renowned business broker can significantly ease the process.
Once the company has received a positive LMIA, the foreign investor can obtain a work visa, which is usually valid for 2 years, and apply for permanent residence if he or she meets the eligibility requirements under the Express Entry program.
As immigration laws change constantly, please consult with a lawyer before taking action. In general, the process looks like this:
There is no minimum investment amount specified in the law regarding the Owner-Operator program. However, investors should keep in mind the following factors when it comes to the investment amount:
Buying an eligible business in Canada for the owner-operator program would cost at least $100,000 and above; however, solid companies with $500,000+ revenues and good net profits for the owners would cost much more, starting from $200,000 and above.
Investors should also set aside at least $50,000 as reserve cash to operate their newly acquired Canadian business for 1 year.
The company in Canada must also generate sufficient revenue to cover the owner’s wages (at approximately $50-$58 per hour), rent, and wages of its Canadian employees (so generate at least $250,000+ in gross sales per year).
All financial figures mentioned are in CAD (Canadian Dollars).
Foreign investors must provide different sets of documents to the Canadian authorities at different stages of the process. There are several articles available that can assist readers in addressing the challenges of obtaining start-up funding.
During stage 1 (LMIA applications stage), the foreign investors must include the following documents with their application:
Canadian company’s registration documents
Proof of new ownership of the Canadian company by the foreign national (agreement of purchase and sale, share certificates, proof of purchase, etc.)
Corporate tax filings for the company in Canada
Financial documents for the company in Canada (GST/HST filings, assets ownership, bank statements, Schedules 100 and 125, etc.)
Proof of active operation of the business in Canada (e.g., marketing material, website, agreements with clients or customers, office lease agreements, invoices, etc.)
Foreign owner’s passport copy
Foreign owner’s resume
Business plan (sometimes required for newly established companies)
During the second stage of the application process, foreign investors will be required to provide more information about their education, work experience, and managerial experience, and they will undergo medical and criminality checks. Here is the list of additional personal documents that foreign investors will be required to prepare in advance:
Educational credentials (ECA report is required for permanent residence application)
Proof of business experience and managerial experience, like employment confirmation letters, salary information, business ownership documents or reference letters from former bosses or clients
Status documents – marriage certificate, birth certificates for children
English or French language test results (highly recommended)
Bank statements for the past 6 months
Passport photo
Proof of undergoing an advance medical assessment
Police clearances for every country where the applicants spent more than 6 months
On average, it takes around 6 months from the start of the process to the approval of the LMIA-based work permit. However, it may take much longer depending on the type of business foreign investors are buying and whether or not the LMIA is intended to support the foreign investor’s permanent residence application. Businesses with a presence spanning many years contribute to a consistent business flow and significant profitability over time.
If you hire us for this program, the average timeline looks like this:
Initial LMIA-based work permits are issued for 1-2 years, depending on the nature of the business.
The businesses must be located in strategic locations to attract potential buyers.
Foreign investors can renew their work permits in Canada for up to 6 years as long as the company in Canada can demonstrate that it is actively engaged in business and has complied with the law.
Working with a renowned business broker can significantly ease the renewal process.
Family members can accompany foreign investors during their employment time in Canada as foreign owners of Canadian businesses. The spouse of the foreign investor may get an open work permit to work in Canada, and their children may attend public schools for free (this rule does not apply to post-secondary education). Foreign investors and their family members can also get access to free health care during the validity of their work visas. However, different provinces have different rules for access to free health care for foreign workers, and investors should check the rules for the province where they intend to settle.
If someone is interested in buying a business, it is advisable to consult an IBBA Canada business broker to assist in the purchasing process.
Through our licensed network of partners, we can help foreign investors and entrepreneurs in the following ways:
Identify suitable businesses for sale in Canada, ensuring it is located in strategic locations to attract potential buyers.
Assist with purchasing a suitable business in Canada.
Assist with the Owner-Operator LMIA program application.
Assist with the permanent residence application as owner/operator.
Business consulting & support to manage a newly acquired Canadian company.
Assist with audits and compliance with employment and immigration rules.
Our law firm charges around $25,000+ in legal fees to assist with the Owner-Operator business immigration program. The fees may increase depending on the applicant’s background, experience, language skills, and the complexity of the case. All financial figures mentioned are in CAD (Canadian Dollars).
At Sobirovs Law Firm, we focus only on business immigration. That is, we help entrepreneurs, business owners and investors with sufficient funds and business experience relocate to Canada using the most suitable immigration programs. We take time to learn about you, your goals and your capabilities and choose the best pathway(s) to Canadian permanent residence and, ultimately, Canadian citizenship for you and your family.
Contact us today and see how we can help you and your business!
Completing an application for a Canada Startup Visa involves several steps. A mistake in any one of these steps could negatively affect your application. Unmet federal program requirements lead to rejections in 54.8% of Canada Startup Visa applications, highlighting the importance of accuracy and thoroughness in the process.
Business immigration is a vital component of Canada’s economic growth strategy, attracting innovative entrepreneurs and skilled workers to contribute to the country’s prosperity. The Start-Up Visa Program is a key initiative, offering permanent residence to foreign nationals who establish a qualifying business in Canada. To navigate this complex process, it’s essential to understand the program’s requirements, benefits, and potential pitfalls. A qualified business immigration lawyer can provide valuable guidance, ensuring a smooth and successful application process. By leveraging business immigration opportunities, Canada aims to foster a competitive economy, create jobs, and enhance its global reputation as a hub for innovation and entrepreneurship. There are currently no program deadlines for the Startup Visa Program, allowing applications to be submitted year-round.
The Startup Visa Program is designed for foreign entrepreneurs who want to establish a new business in Canada. To be eligible, applicants must meet specific requirements, including having a viable startup business idea, securing support from a designated organization in Canada (business incubators, angel investor groups and venture capital firms), and demonstrating sufficient funds to support themselves and their business. The program also requires applicants to have a strong business plan, conduct thorough market research, and show a commitment to creating jobs and contributing to the Canadian economy. A strong business plan should present a workable and scalable business idea with thorough market research, financial predictions, and proof of product or service demand. Additionally, applicants must meet the language proficiency requirements, which include achieving a minimum score of 5 on the Canadian Language Benchmark (CLB) test in English or French.
One of the critical eligibility requirements for the Startup Visa Program is business ownership and control. Applicants must demonstrate that they have a significant ownership stake in the business, typically at least 10%. This ensures that the applicant has a vested interest in the business’s success and is committed to its growth and development. The business must also be incorporated in Canada, and the applicant must be actively involved in its management and operations. A well-structured business concept, including financial projections and a detailed market analysis, is essential to demonstrate the applicant’s ability to control and manage the business effectively. Applicants are now often asked to detail their efforts in establishing their business within Canada and the contributions made by the designated organization.
Language proficiency is a crucial aspect of the Startup Visa Program, as it ensures that applicants can communicate effectively with visa officers, customers, employees, and other stakeholders in Canada. The program requires applicants to achieve a minimum score of 5 on the CLB test in English or French, which assesses reading, writing, listening, and speaking skills. Applicants can prepare for the test by taking language courses, practicing with sample questions, and using online resources to improve their language skills. A strong language proficiency score not only enhances the applicant’s chances of approval but also facilitates their integration into Canadian society and the business community.
It is important that entrepreneur applicants carefully follow the government's checklist provided in the application packet to avoid any missing requirements. Many applications may be denied or delayed because of a failure to provide all necessary supporting documentation with the application. Besides, your immigration lawyer should analyze what other documents not mentioned in the government’s checklist may support your application and consider including those documents, too, to satisfy immigration officials. Insufficient financing can lead to Canada Startup Visa refusals, making it crucial to demonstrate adequate financial preparedness.
Applicants must provide proof of finances and have the financial means necessary to maintain a business and the cost of living in Canada independently. As applicants must be financially prepared to cover both business and personal expenses in Canada, they should pay attention to building and presenting solid bank statements, sources of funds and history of the money.
Police clearance forms must be obtained, and a background check must be conducted and passed for an applicant to be considered. Before granting you entry to Canada, you must prove that you will not be a security risk if admitted into Canada. Police and security checks must be passed; failure leads to Canada Startup Visa rejections.
You will need to prove that you are not a danger to public safety, a danger to public health, or an excessive demand for available social or health services. This will generally require performing an immigration medical exam with results included with your application.
The Canadian Language Benchmark (CLB) determines English or French competency. Exam scores must be sufficient and submitted along with the application.
This requirement must be met before an applicant begins completing the application process.
Finally, one of the surest ways to cause your application to be denied is by misrepresenting yourself, altering documents, or otherwise presenting misleading information to the IRCC. Non-truthful presentation leads to 5% of Canada Startup Visa application denials, emphasizing the importance of honesty and accuracy in your application.
Securing funding is a critical component of the Startup Visa Program, as it enables applicants to launch and grow their innovative business in Canada. The program requires applicants to demonstrate that they have enough money to support themselves and their families while they establish their businesses. This can include personal savings, investments, or funding from designated organizations, such as venture capital funds or angel investor groups. Applicants must also provide a detailed business plan, including projected revenue, expenses, and cash flow, to demonstrate the viability of their business.
The funding requirements for the Startup Visa Program vary depending on the type of business and the applicant’s circumstances. Generally, applicants must demonstrate that they have at least $12,960 in settlement funds to support themselves and their families. Additionally, they must secure funding from a designated organization, which can include a venture capital fund, angel investor group, or business incubator. The funding must be used to support the business’s development and growth, and applicants must provide regular updates on their business’s progress to the designated organization and immigration authorities. By securing funding and demonstrating a strong financial plan, applicants can increase their chances of approval and establish a successful business in Canada.
Applicants can avoid denials by following instructions carefully, using the required document checklist provided in the application packet, and ensuring that all application requirements are complete before submission.
It is also important to avoid advice from unregulated consultant firms offering free visa evaluations or guaranteed permanent residence and work permit opportunities. Fraudulent activity by these organizations often results in application denial and theft of identity, banking, and credit card information, as well as a five-year ban from applying to any Canadian immigration programs.
Seeking professional help when applying for a Canadian Start-Up Visa is essential to avoid any mistakes that may result in denial. The decisive factor in avoiding common mistakes and improving your chances of being approved for a Start-Up Visa may often be to hire an experienced business immigration lawyer, like the lawyers at Sobirovs Law Firm, to help you. Our team can help you avoid mistakes, ensure compliance with all requirements, help connect you with potential investors to support your business plan and walk you through every step of the application process. Our team stays updated with the latest regulations from Immigration, Refugees and Citizenship Canada to ensure your application meets all requirements. Get started today by contacting our firm. The estimated processing time for Startup Visa permanent residence applications is about 40 months (as of April 2025), so early preparation is key to making significant progress.
A Labour Market Impact Assessment (LMIA) may be required for an employer in Canada seeking to hire a foreign worker. However, there are some exemptions your company may be eligible for. An LMIA indicates whether there is a need for a temporary foreign worker and whether there are no Canadians or permanent residents available for the position. If both of these initial criteria are met, you may be granted a positive LMIA, or confirmation letter, which will allow you to then hire a foreign worker.
LMIAs are available through Employment and Social Development Canada (ESDC). You will then need to go through the appropriate program depending upon the type of position you are trying to fill. This includes programs for high-wage earner positions, low-wage earner positions, seasonal agricultural positions, and agricultural positions.
There is a $1,000 processing fee for each position you wish to fill with a temporary foreign worker. Some exemptions are available. Your business will need to provide documentation that your business and job offer is legitimate. To get an LMIA for a high-wage earner position, you must produce a Transition Plan, which explains how your business plans to recruit, retrain, or train Canadians or permanent residents to fill job positions to decrease the use of foreign workers. Before applying for an LMIA, you must attempt to recruit Canadians and permanent residents through 3 different recruitment activities, one of which must be the Government of Canada’s Job Bank. One of the remaining two recruitment activities must be available nationally. Wages must be comparable to the median wage in other similar positions in Canada.
The $1000 processing fee for each position you wish to fill with a temporary foreign worker also applies for low-wage earner positions, while exemptions are still available as well. As with high-wage earner positions, you will need to provide documentation proving your business and job offer are legitimate. If you are offering a wage below the territorial or provincial median hourly wage, there is a cap on the percentage of low-wage temporary foreign workers you may hire at a work location. If you hired a temporary foreign worker before June 20, 2014, the cap is 20%, if after, the cap is 10%. You must also attempt to recruit Canadians and permanent residents through 3 different recruitment activities, including the Government of Canada’s Job Bank before you can apply for the LMIA. As of August 28, 2017, each of the recruitment methods must target a unique underrepresented group, including Indigenous persons, vulnerable youths, newcomers, and persons with disabilities. Your business must provide or ensure that transportation, healthcare, and housing are provided for any temporary foreign workers.
There is no processing fee for primary agricultural positions. As with high-wage and low-wage earner positions, employers must provide documentation proving their business and job offer is legitimate, while attempting to first recruit Canadians and permanent residents. Employers must provide or ensure the provision of transportation, day-to-day transportation, housing, and healthcare for temporary foreign employees.
At Sobirovs Law Firm, we know that every business’s immigration goals are unique, that’s why you need a team on your side that understands how to help you take the right next step. We are proud to take the necessary time to fully capture where you would like to go and how you can get there. Contact us today, so we can get started helping you, your family, and your business.
Canada offers two broad types of work permits for foreign workers: job-specific work permits and open work permits, both of which are intended to be temporary.
All work permits have a set duration, and a foreign worker may only work four years, continuously or cumulatively, at which point they will have to remain outside of Canada for four years before being allowed to work in Canada again. However, obtaining a work permit may help you along the route to permanent residence through the Express Entry program or the Skilled Workers Program, as these programs require multiple years of experience and working in Canada give you clear advantages in these immigration programs.
Most types of work permits require an application fee. However, this may be waived or paid by the employer depending on the specifics of the job being offered. If you are approved for a work permit, you will receive an approval letter (and a temporary resident visa depending on your citizenship), and your work permit will be issued at the point of entry in Canada. Your work permit will state which employer you may work for, the type of occupation you may be employed for, as well as the duration for which you may work in Canada. At the end of this duration, you must leave Canada.
Most work permits in Canada are job-specific permits. A job-specific permit is exclusive to the employer offering the job. To work for a different employer in Canada, the employee will need to obtain a new job-specific permit. In most cases, the employer will need to apply for a Labour Market Impact Assessment (LMIA) which is used to ensure there are no qualified Canadian citizens or permanent residents in Canada to fill the role. A positive LMIA is required for an application to be considered for approval. To obtain a job-specific work permit, you must have a copy of the positive LMIA notice, as well as a valid job offer from the employer.
Intra-Company Transfer work permits do not require an LMIA. These permits are restricted to the transfer of executives, senior management, and skilled workers with specialized knowledge from a foreign company to a related Canadian company. In order to be eligible for an Intra-Company Transfer permit, the employee must have been a full-time employee of the company for at least a year. Employees who are hired via an Intra-Company Transfer permit may also be eligible for permanent residence via the Express Entry system.
Open work permits are not specific to any employer or job, allowing the holder to work in most jobs available in Canada. Open work permits do not require an LMIA or a valid job offer. However, the eligibility requirements are quite restrictive, and open work permits are only available to those that meet the eligibility criteria. You may be eligible for an open work permit if you are:
The business immigration process is complex, but our team of immigration lawyers are skilled at understanding your specific goals and navigating the right path for moving them forward. There is no need to go at it alone, especially when there are risks in application denials, mistakes, and extending of timelines. We’re here and ready to help make that first step to ensure your transition to Canada is as seamless as possible.
Purchasing an established business can help you secure a work permit or permanent residency.
No, foreign investors can purchase businesses in Canada, but certain permits may be required.
Listings can be found through brokers, online marketplaces, or provincial business networks.
Do I have to present a performance report to the Canadian immigration authorities to apply for permanent residency?A Labour Market Impact Assessment (LMIA) may be required for an employer in Canada seeking to hire a foreign worker. However, there are some exemptions your company may be eligible for. An LMIA indicates whether there is a need for a temporary foreign worker and whether there are no Canadians or permanent residents available for the position. If both of these initial criteria are met, you may be granted a positive LMIA, or confirmation letter, which will allow you to then hire a foreign worker.
LMIAs are available through Employment and Social Development Canada (ESDC). You will then need to go through the appropriate program depending upon the type of position you are trying to fill. This includes programs for high-wage earner positions, low-wage earner positions, seasonal agricultural positions, and agricultural positions.
There is a $1,000 processing fee for each position you wish to fill with a temporary foreign worker. Some exemptions are available. Your business will need to provide documentation that your business and job offer is legitimate. To get an LMIA for a high-wage earner position, you must produce a Transition Plan, which explains how your business plans to recruit, retrain, or train Canadians or permanent residents to fill job positions to decrease the use of foreign workers. Before applying for an LMIA, you must attempt to recruit Canadians and permanent residents through 3 different recruitment activities, one of which must be the Government of Canada’s Job Bank. One of the remaining two recruitment activities must be available nationally. Wages must be comparable to the median wage in other similar positions in Canada.
The $1000 processing fee for each position you wish to fill with a temporary foreign worker also applies for low-wage earner positions, while exemptions are still available as well. As with high-wage earner positions, you will need to provide documentation proving your business and job offer are legitimate. If you are offering a wage below the territorial or provincial median hourly wage, there is a cap on the percentage of low-wage temporary foreign workers you may hire at a work location. If you hired a temporary foreign worker before June 20, 2014, the cap is 20%, if after, the cap is 10%. You must also attempt to recruit Canadians and permanent residents through 3 different recruitment activities, including the Government of Canada’s Job Bank before you can apply for the LMIA. As of August 28, 2017, each of the recruitment methods must target a unique underrepresented group, including Indigenous persons, vulnerable youths, newcomers, and persons with disabilities. Your business must provide or ensure that transportation, healthcare, and housing are provided for any temporary foreign workers.
There is no processing fee for primary agricultural positions. As with high-wage and low-wage earner positions, employers must provide documentation proving their business and job offer is legitimate, while attempting to first recruit Canadians and permanent residents. Employers must provide or ensure the provision of transportation, day-to-day transportation, housing, and healthcare for temporary foreign employees.
At Sobirovs Law Firm, we know that every business’s immigration goals are unique, that’s why you need a team on your side that understands how to help you take the right next step. We are proud to take the necessary time to fully capture where you would like to go and how you can get there. Contact us today, so we can get started helping you, your family, and your business.
Provinces can nominate individuals to apply for permanent residency based on local labor needs.
Processing times vary, but some express entry-linked PNPs are faster than others.
Yes, some PNP streams allow applicants without a job offer if they meet other criteria.
Applicants with relevant cultural, athletic, or farm management experience may qualify.
There is no fixed amount, but you must show you can support yourself and your business in Canada.
Yes, you must take an approved language test to demonstrate your English or French proficiency.
This program targets innovative entrepreneurs with the potential to create jobs in Canada.
Yes, you need a letter of support from a designated organization willing to invest in your business.
Processing usually takes 12-16 months, depending on your case and documentation.
You can apply online or through a visa office, depending on your nationality and job type.
Only if you have implied status or an exemption that allows you to start working earlier.
Yes, many work permit holders’ spouses are eligible for open work permits.
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