Owner-Operator LMIA Work Permit FAQ

Service Canada announced that they are completely revising the Owner-Operator LMIA program,ย learn more in our articleย detailing the cancellation and contact us to learn more about your options in Canada.

Can I buy a business in Canada as a foreigner while on a tourist visa?

Yes, it is possible to own a business in Canada while being on a tourist visa. However, you will have to meet certain requirements and the laws differ depending on the type of business you buy as well as the province in which it will operate. Our team can assist you in finding a suitable business in Canada and buying an existing business in Canada or establishing your business from scratch.

Do I have to relocate to Canada once I purchase a business in Canada?

As a business owner, working in Canada with a valid work permit, it is expected that you will actively manage your business in Canada. Therefore, your presence in Canada is generally required. However, this does not mean that you cannot travel while working in Canada, especially if your business requires extensive traveling outside of Canada.

Do I have to receive a salary from my business in Canada under the Owner-Operator LMIA Work Permit? If yes, how much?ย 

Under the Owner-Operator Work Permit, as a manager of your business in Canada, you must pay yourself a salary that meets the Canadian median wage standards (around $58/per hour for senior executive roles in Ontario). What this means is that you will be responsible for paying all payroll deductions to the Canadian tax authorities of approximately $3,000 – $4,000 (per month) based on your senior executive salary.

Can I buy a business with a partner in Canada and get a work permit under the Owner-Operator LMIA Work Permit?ย 

Yes, you can buy a business with a partner or buy shares in an existing business in Canada. However, please keep in mind that only someone who is at least 51% owner of the business can apply for the Owner-Operator LMIA and receive a work permit to manage the Canadian business. The minority partner (if not a resident in Canada) will have to apply for a regular LMIA if he/she wants to relocate to Canada as a business partner as well.

Can I buy shares in the existing business and apply for the Owner-Operator LMIA (and get permanent residency later on)?

Yes, this is possible, but make sure that you buy at least 51% of shares in the existing company to benefit from the Owner-Operator LMIA program. Also, make sure that the company has been actively engaged in business for at least 12 months.

Do I have to prepare a business plan to support my Owner-Operator LMIA application?ย 

It is not mandatory to submit a business plan with your application for a work permit. However, we recommend having a business plan if your company in Canada is new or has not been active for the past 12 months.

Do I have to commit to hiring Canadian residents/citizens? What if I am not able to meet my hiring commitment?

One of the primary objectives of the Owner-Operator LMIA program is to create job opportunities for Canadian residents and citizens. Therefore, your inability to meet your hiring commitment plans may negatively affect your work permit extensions and/or permanent residence applications in the future. We recommend committing to hiring at least one Canadian employee to stay compliant with the objectives of the program.


Do I have to present a performance report to the Canadian immigration authorities to apply for permanent residency?

There are no performance reports, however, 50% of companies that have received a positive LMIA decision are audited by the IRCC for compliance. Therefore, it is very important to stay compliant with the conditions of your LMIA approval (including salary payment) and keep detailed records.

Also, one of the requirements that owner-operators must meet while applying for permanent residence is the genuineness of the job offer from your Canadian company, since the offer of employment is coming from their own company. To pass the genuineness test, the applicants must demonstrate that their company is actively engaged in business and that the owner of the company is indeed employed at the company in the senior executive role.

Can I work for another company while running my business in Canada?

No. Your work permit will be limited to your company in Canada, which means that you cannot work for any other company.

What if my Canadian company is not profitable in the first year?

ย There is no legal requirement to be profitable. We all know that it takes time to build a profitable company. However, your company must be actively engaged in business, which means it must be offering services or goods to its customers in Canada or abroad. Also, your company must have a physical location (office or warehouse) and employ at least one Canadian employee.

Do I need to provide language test results to get a work permit under this program?

Business owners are generally not required to provide any proof of language skills. However, if they wish to transfer key personnel to Canada under this program, such employees may be required to provide English or French language test results to prove their suitability for the position in Canada.

Can my work permit be refused even if I get LMIA approved?

There is always a possibility of rejection of your permanent residency application due to various reasons, including criminality, medical inadmissibility, failure to meet the language requirements, etc. However, if your business immigration lawyer prepares a strong application package, you should have a good chance of work permit approval by the respective Canadian embassy/consulate.

What is the success rate of the Owner-Operator LMIA program?

We regularly request official statistics from the government of Canada regarding the approval rates for various immigration programs. The latest statistics for 2019 demonstrate the following:

  • Owner-Operator LMIA applications: approval rate – 95%
  • Work Permit (LMIA-based):
    • Approval rate varies, depending on the consulate/embassy handling your case. On average, we see a 70% approval rate. Please contact us to get specific statistics for your country.
  • Permanent residence applications (with a job offer): 80%-85%

Will you refund money if my work permit is refused?

Unfortunately, we cannot reimburse your money if your work permit application is rejected. We get paid for our work, not for the result. Although we are ambitious and results-oriented, the ultimate decision-maker is the Government of Canada and/or the respective Canadian embassy/consulate. What we do guarantee you is that with our 20+ years of combined experience in business immigration matters, we will prepare the strongest application possible designed to meet the criteria required by the IRCC.

Can I sell my business after I receive my permanent residence?

When supporting your permanent residence application, your company must guarantee the IRCC that your position will be available to you for at least 1 year after you become a permanent resident of Canada. Although there is no specific limitation on selling your business, the IRCC may interpret your sale of the business as a breach of undertaking by your Canadian business.

Is it possible to obtain permanent residency in Canada if I do not speak sufficient English or French?

In general, all applicants for permanent residence in Canada must possess sufficient language skills as set by the IRCC. However, in exceptional situations when applicants have strong ties to Canada and can demonstrate successful establishment in Canada, there is an opportunity to apply for permanent residency through other immigration programs. The success rate in these cases is usually 60%.

Does your law firm help with company establishment in Canada?

Yes, we assist our clients at every stage of the process starting with company registration, business plan preparation, setting up bank accounts, securing Nominee Canadian Director Services, and handling immigration applications (from work permit to permanent residency to Canadian citizenship) for our clients and their family members. We also provide guidance and assistance with compliance audits and entry interviews (if required) upon arrival in Canada.

What is the payment plan for your fees? Do you offer a discount for your fees?ย 

As licensed Canadian business immigration lawyers we follow the rules set by the Law Society of Ontario and charge the full retainer amount upfront. The entire amount will be deposited into our trust account and you will be billed once we complete working on your file.
As for discounts, we deem our legal fees as reasonable given the amount of work we put into each file and the quality of service we deliver. All business immigration applications are complex, and our legal fees fairly reflect the value of our work.

Do you have success stories, and can you share contacts of your former clients, so we can talk to them?

As licensed Canadian business immigration lawyers, we are obliged by law to keep all our clientsโ€™ information strictly confidential, including their names and the outcome of their applications. The Law Society of Ontario rules prohibit us from sharing any of our clientsโ€™ confidential personal information with third parties. You can review our website and read all the testimonials page where we share the experiences of our clients with their consent.

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Immigration to Canada can be very complicated for businesses, business owners, and foreign employees. Hiring business immigration lawyers with the skill, experience, and patience is often crucial to successfully navigating this complex process. The experienced professionals at Sobirovs Law Firm offer tailored legal services in all business and corporate immigration matters. Contact us for more information on how we can help you meet your immigration needs.

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Our Clients Sayโ€ฆ

Yemi Okunbor
Yemi Okunbor
From the initial consultation to the successful acquisition of my permanent resident card, the entire process was seamless and stress free.A big thank you to the entire Sobirovs team, especially Yulia, and Farouk. They demonstrated exceptional expertise and professionalism throughout, guiding me with precision and clarity. Their commitment to providing personalized and thorough assistance made a significant impact on my overall experience. Thank you, Sobirovs law firm for your exceptional service and for making my journey to permanent residency a smooth and gratifying experience.
Kenneth Leong
Kenneth Leong
I must say that SOBIROVS has an excellent team to guide us to getting our work permits approved. I want to personally thank Feruza, Judy, Owen and Medina in getting us "pass the gates". Not to mention the entire team that is behind the scene. My family and I are deeply grateful for their excellent work and professional advice. A special thanks to Ms Judy for her untiring dedication to making this opportunity a reality for my family and I. We have full confidence in Feruza and her team and I will continue to use their services for the next step of our application for PR status later on.
Siarhei Vasilyeu
Siarhei Vasilyeu
My family (5) have chosen Sobirovs for our ICT visa application, and now we confidently recommend them! Right from the start you will be assigned a special team within their firm who will be busy with your plans, needs and documents. The process is organized very efficiently, what is crucial when you run your own business on your side. Once the documents submitted to IRCC, the pre-submission team entrust your case to post-submission group, who monitor the progress and keep you constantly updated what's going on with the case. As a result, our ICT application was approved in just several weeks from submission, just wooow. Thank you and thumbs up for Monique, Mariam, Owen, Madina, and Ms. Feruza who was our lead lawyer. Sobirovs is your smart choice, they know how to do the rest.
Muzammil Habib
Muzammil Habib
I would like to thanks Sobirovs Law Firm team especially Monique, Mariiam Jamal, Owen and Ms. Feroza. They done a great job and help me to get ICT work permit. Their team work was excllent and they worked professionally. Here I would like to present my special thanks for Monique who communicated with me nicely. She respond me quickly whatever I have questions in my mind. She is so nice I like her working style. In the end I can say that all of them are really professional. Thanks for all this. Hope to see you soon.
Rahul C
Rahul C
Exceptional service of the utmost quality and professionalism. I extend my heartfelt gratitude to the entire team, with special acknowledgments to Nity, Judy, Feruza, Owen, and Medina, for their invaluable assistance in securing the approval of my application. I am sincerely appreciative of the outstanding service and unwavering support provided. This is by far the best immigration law firms in Canada who work with complete transparency.
Ulugbek Holmatov
Ulugbek Holmatov
Great job ๐Ÿ‘๐Ÿ‘๐Ÿ‘๐Ÿ‘ Great leader, Rakhmad Sobirov for his leadership skills and great managers: Feruza, Monique, Mariam, Owen, Madina for their respective professionalism ๐Ÿ‘Œ๐Ÿ‘Œ๐Ÿ‘Œ Well organized and professional law team for Canadian immigration. I really enjoyed with my Canadian business visa process. I really appreciate Sobirovs Law firm for their great service and experience. P.S.: This law firm was selected by Our company among top 5 law firms for Canadian business immigration process Great successes๐ŸŽ‰
Thomas Bulmer
Thomas Bulmer
Mariam, Monique and the team have been great to work with. Sobirov's has helped a number of our team members identify, apply for and get granted the necessary visas for us to set up our Canadian enterprise. Recommend.
Jason Tsarouhas
Jason Tsarouhas
Mariam and her team have helped us migrate our entire workforce from Australia to Canada. We couldn't have been more prepared by the time we made it to the border. The team were accessible, informative and detail orientated which is exactly what you want when you have stresses of moving your company and life to the other side of the world! A HUGE thank you to the team for their efforts so far and future work we'll be doing together! Jason, Learning Online!
Victor Arakaki
Victor Arakaki
We're incredibly grateful for the fantastic work done by the entire Sobirovs team!. While our work permit application had its share of challenges, Feruza, an outstanding lawyer with extensive expertise in business immigration, played a pivotal role. Her leadership and guidance were so important in getting our Work Permits approval. We must also acknowledge the exceptional contributions of Judy Lee, Nitty, Monique, Rachel and the rest of the team who supported us on this journey. It's clear that we'll continue to entrust Feruza and her team with any of our future legal needs. We have full confidence in Feruza and her team and highly recommend their services.
Hardik Vyas
Hardik Vyas
Rating: โญโญโญโญโญ I cannot express enough how impressed and satisfied I am with Sobirovs Law Firm's immigration services. Their professionalism and extensive knowledge in the field of immigration are truly outstanding. We recently applied for an ICT (Intra-Company Transfer) application, and to our amazement, we received a decision within just two months from the date of application. This prompt and efficient service reflects the exceptional quality of Sobirovs' work. I would like to extend my heartfelt gratitude to Feruza, Mariam, Monique, Owen, and the entire post-submission team who guided us through every step of the application process. Their dedication, expertise, and willingness to assist were invaluable throughout the entire journey. We are now filled with excitement as we embark on our new journey, thanks to Sobirovs Law Firm's assistance. Without a doubt, we will be relying on their services for all our future matters related to permanent residency or immigration services. I wholeheartedly recommend Sobirovs Law Firm to anyone seeking top-notch immigration assistance. Their commitment to their clients and their ability to deliver results is truly commendable. Thank you, Sobirovs, for making our dreams a reality!

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