Owner Operator Work Permits

• demonstrate a level of controlling interest in the business, i.e. a sole or majority shareholder;
• demonstrate that his or her temporary entry to Canada will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and/or permanent residents; and
• not be in a position to be dismissed, i.e. is not in an employment position where her or she is answerable to someone more senior.

For Owner/Operator LMIAs, no advertising or recruitment is required. The key requirement is that the foreign national owns a
business in Canada in which he or she owns a controlling interest of more than 50%. Other requirements include:

• a business plan that shows how the owner/operator will fund the business and create or maintain employment, and contains at least a rudimentary financial plan and timeline of events;
• active management of the business (i.e. it cannot be a passive investment) in a position that accords with the foreign national’s qualifications and experience with a wage equal to or greater than the median wage requirements for the position; and
•  and employing at least one Canadian or permanent resident (ideally in the first year as described in the business plan).

Once an owner/operator receives a positive LMIA, he or she can apply for a work permit from Immigration, Refugees and
Citizenship Canada equal to the validity of the LMIA (usually up to 2 years).