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owner operator questions

nirajbhudia

Newbie
Feb 6, 2020
1
0
i am in the express entry pool and have crs of 362 and pnp nomiation seems a bit hit and miss i.e only if your noc code is in demand then you will get picked. You could be waiting for 2 years!So i have decided to get owner operator visa.

1. Which forms do i need for owner operator visa and where can i get them from?
2. Can i submit forms online?
3. There is some very mis-leading information on here aswell as youtube videos regarding the amount of money you have to invest. Some say 150,000cad on others website no minimum requirement. So is there a minimum amount?
4. Can you start the business in partnership with someone who is canadian citizen?
5. Do you get 200 points for owner operator visa or does it depend on your noc code? My noc code is 0621 wholesale and trade manager? There was someone on here saying you only get 50 points if noc code begins with 0 and 200 points if it is 00? finally can i change my noc code after setting up business in canada
6. Also i really want to do this D.I.Y i was quoted 20,000cad by immigration lawyer in Canada all in permits, business plan etc. And there is no guarantee so i do not want to part with this money.
 
Last edited:

dr rajesh

Newbie
Feb 9, 2020
5
1
i am in the express entry pool and have crs of 362 and pnp nomiation seems a bit hit and miss i.e only if your noc code is in demand then you will get picked. You could be waiting for 2 years!So i have decided to get owner operator visa.

1. Which forms do i need for owner operator visa and where can i get them from?
2. Can i submit forms online?
3. There is some very mis-leading information on here aswell as youtube videos regarding the amount of money you have to invest. Some say 150,000cad on others website no minimum requirement. So is there a minimum amount?
4. Can you start the business in partnership with someone who is canadian citizen?
5. Do you get 200 points for owner operator visa or does it depend on your noc code? My noc code is 0621 wholesale and trade manager? There was someone on here saying you only get 50 points if noc code begins with 0 and 200 points if it is 00? finally can i change my noc code after setting up business in canada
6. Also i really want to do this D.I.Y i was quoted 20,000cad by immigration lawyer in Canada all in permits, business plan etc. And there is no guarantee so i do not want to part with this money.
 

Jasdir

Star Member
Nov 8, 2013
100
2
OWNER-OPERATOR:
  1. First step is to apply for a LMIA to ESDC.
  2. Second step is to submit a job-offer through employer portal by paying employer compliance fee.
  3. Last step is to apply for work-permit.
HOW TO APPLY FOR LMIA TO ESDC:
  1. First step prepare an appropriate business plan.
  2. Second step get your NET-WORTH verified from qualified Canadian supplier. (To satisfy your financial ability)
  3. Third step is to secure a physical location as per your business plan. (Secure means having a lease/rent contract)
  4. Forth step is to apply for business Canadian business number, and other applicable federal and provincial licences.
  5. Fifth step submit your Complete-Application to ESDC by paying $ 1000 fee for processing LMIA.

Kindly note 1: Complete-Application means also submit your business-ownership experience, IELTS, Education etc.
Kindly note 2: As of 25th Feb 2020, LMIA applications are made possible to be submitted online.

IF RECEIVED POSITIVE LMIA

Finally after submitting offer of employment through employer portal apply for (TWP) Employer specific work permit by creating GC-Key.

Sincerely,
~Jasdir
 
Last edited:

Harvinder73

Member
Jan 28, 2019
13
1
i am in the express entry pool and have crs of 362 and pnp nomiation seems a bit hit and miss i.e only if your noc code is in demand then you will get picked. You could be waiting for 2 years!So i have decided to get owner operator visa.

1. Which forms do i need for owner operator visa and where can i get them from?
2. Can i submit forms online?
3. There is some very mis-leading information on here aswell as youtube videos regarding the amount of money you have to invest. Some say 150,000cad on others website no minimum requirement. So is there a minimum amount?
4. Can you start the business in partnership with someone who is canadian citizen?
5. Do you get 200 points for owner operator visa or does it depend on your noc code? My noc code is 0621 wholesale and trade manager? There was someone on here saying you only get 50 points if noc code begins with 0 and 200 points if it is 00? finally can i change my noc code after setting up business in canada
6. Also i really want to do this D.I.Y i was quoted 20,000cad by immigration lawyer in Canada all in permits, business plan etc. And there is no guarantee so i do not want to part with this money.
Hey @nirajbhudia
I too am in the same boat. Let's connect ofline. Please get in touch at harvindersp@gmail.com. We can share notes.
 

Harvinder73

Member
Jan 28, 2019
13
1
Hello folks!
Hope you are keeping safe in these uncertain times of Covid-19!
With the current situation as it stands, do you feel it is a good time to immigrate to Canada? The world economy, including Canadian economy, is going to take a hit and go into a recession for at least the next 6 quarters. Do you feel it is wise to invest in a business in Canada at this point of time?
 

Salman Warraich

Star Member
Aug 20, 2015
79
6
Hi,

I have seen many of you are looking guidance toward business immigration for Permanent Residence, I am hereby explaining program options that you can avail.

There are three main options that you can use toward business immigration for PR.

1) Federal Program - Startup Visa
2) Provincial Program - Entrepreneur Program
3) Express Entry - Owner Operator LMIA (I called this program as self created you will not see any info about this program on official sites)


All three programs have different criteria and need different documentation, i will explain shortly about all three programs.

1) Federal Program - Start-up Visa Program

Under federal program there is no specific net worth requirement by IRCC but you need to get a support letter from one of three organization.
To get a support letter from one of three organization you need to present your idea and business plan they will provide you support letter based on that letter you can apply for TWP as well as PR Application.

2) Provincial Program - Entrepreneur Program

There are 10 provinces and 3 territories each have their own requirement for minimum investment and net worth.

If you are setting up a new business you don't need exploratory visit however if you are buying an existing business most provinces require to do a exploratory visit. you don't need to buy business before getting approval from province/territory.

Common Documents are business plan, exploratory visit report if applicable, verification of net worth from designated accounting firm of that province, we had used KPMG and most of the provinces have them on list.

3) Express Entry - Owner Operator LMIA (I called this program as self created you will not see any info about this program on official sites)

This is the program that give access to come Canada if you don't qualify to two other programs.

To apply under this program you need to buy a business in Canada, no matter what is the price of business and don't need minimum net-worth requirement as well.

Generally you should have Visit Visa so that you can come and buy business, if you don't have visit visa you can setup corporation and other partner/share holder can complete this formality for you.

Each province has different regulations regarding foreigners to open corporation in Canada however the easy one to open by adding up a PR or Citizen as shareholder in Corporation. After setting up corporation and buying business in Canada you need to submit LMIA application under NOC 00 to get 200 points for express entry. once you got positive LMIA you can use that for express entry.

LMIA requirements by ESDC are as under:

These positions are for business owners only. They are not intended for individuals receiving shares as part of a compensation package. To qualify as an owner/operator, foreign nationals must demonstrate prior to submitting their application, and for the duration of their employment in Canada:
  • they have controlling interest in the business:
    • by being the sole proprietor
    • by being a majority shareholder (hold a minimum of 50.1% of the shares)
    • by providing an official document to confirm that one shareholder has controlling interest
  • they cannot be dismissed
  • Variation: no advertisement or recruitment is required
  • Applicability: all provinces and territories
I hope above information will be enough to understand basics for more information email at 5star@gmx.ca Subject: Business Immigration.

Thanks and Have a Great Day
 

Aggrawal

Full Member
Jun 11, 2014
30
0
Dear Salman,

As you have explained in detail about owner operator LMIA program, please help to explain:

1. Whether we can read about owner operator LMIA program on CIC website?
2. Whether this program can be done without visiting Canada as the current situation is not allowing to visit. If we have any family member who can start applying for this program?
3. If you are in a senior positions in jobs, whether you can demonstrate that you will be able to start a business?

Regards,
Prabhat Aggrawal
 

Salman Warraich

Star Member
Aug 20, 2015
79
6
Dear Salman,

As you have explained in detail about owner operator LMIA program, please help to explain:

1. Whether we can read about owner operator LMIA program on CIC website?
2. Whether this program can be done without visiting Canada as the current situation is not allowing to visit. If we have any family member who can start applying for this program?
3. If you are in a senior positions in jobs, whether you can demonstrate that you will be able to start a business?

Regards,
Prabhat Aggrawal
Hi,

In response to your query
1) here is link navigate to owners/operators https://www.canada.ca/en/employment-social-development/services/foreign-workers/variations.html
2) if you open a corporate with a Canadian Citizen/Permanent Resident and he purchase a business and apply on your behalf you can.
3) your partner/share holder can submit LMIA application for senior position upon approval you can apply for work permit.

Thanks
 
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asad_ali_awan

Full Member
Dec 18, 2018
35
26
Hi,

I have seen many of you are looking guidance toward business immigration for Permanent Residence, I am hereby explaining program options that you can avail.

There are three main options that you can use toward business immigration for PR.

1) Federal Program - Startup Visa
2) Provincial Program - Entrepreneur Program
3) Express Entry - Owner Operator LMIA (I called this program as self created you will not see any info about this program on official sites)


All three programs have different criteria and need different documentation, i will explain shortly about all three programs.

1) Federal Program - Start-up Visa Program

Under federal program there is no specific net worth requirement by IRCC but you need to get a support letter from one of three organization.
To get a support letter from one of three organization you need to present your idea and business plan they will provide you support letter based on that letter you can apply for TWP as well as PR Application.

2) Provincial Program - Entrepreneur Program

There are 10 provinces and 3 territories each have their own requirement for minimum investment and net worth.

If you are setting up a new business you don't need exploratory visit however if you are buying an existing business most provinces require to do a exploratory visit. you don't need to buy business before getting approval from province/territory.

Common Documents are business plan, exploratory visit report if applicable, verification of net worth from designated accounting firm of that province, we had used KPMG and most of the provinces have them on list.

3) Express Entry - Owner Operator LMIA (I called this program as self created you will not see any info about this program on official sites)

This is the program that give access to come Canada if you don't qualify to two other programs.

To apply under this program you need to buy a business in Canada, no matter what is the price of business and don't need minimum net-worth requirement as well.

Generally you should have Visit Visa so that you can come and buy business, if you don't have visit visa you can setup corporation and other partner/share holder can complete this formality for you.

Each province has different regulations regarding foreigners to open corporation in Canada however the easy one to open by adding up a PR or Citizen as shareholder in Corporation. After setting up corporation and buying business in Canada you need to submit LMIA application under NOC 00 to get 200 points for express entry. once you got positive LMIA you can use that for express entry.

LMIA requirements by ESDC are as under:

These positions are for business owners only. They are not intended for individuals receiving shares as part of a compensation package. To qualify as an owner/operator, foreign nationals must demonstrate prior to submitting their application, and for the duration of their employment in Canada:
  • they have controlling interest in the business:
    • by being the sole proprietor
    • by being a majority shareholder (hold a minimum of 50.1% of the shares)
    • by providing an official document to confirm that one shareholder has controlling interest
  • they cannot be dismissed
  • Variation: no advertisement or recruitment is required
  • Applicability: all provinces and territories
I hope above information will be enough to understand basics for more information email at 5star@gmx.ca Subject: Business Immigration.

Thanks and Have a Great Day
many thanks for this detailed info about OO. Can you please help in below questions;

1. Whether a province can reject LMIA if one buys an existing business with majority shares. like in Alberta case they have certain occupations which are in exclusion list e.g Supervisors, petroleum, gas and chemical processing and utilities, since LMIA fall under federal, but what if a business is bought in Alberta and that business fall under exclusion list?

2. What would you suggest, a consultant should be arranged before starting the whole process as they know the overall process due to their nature of work.
 
many thanks for this detailed info about OO. Can you please help in below questions;

1. Whether a province can reject LMIA if one buys an existing business with majority shares. like in Alberta case they have certain occupations which are in exclusion list e.g Supervisors, petroleum, gas and chemical processing and utilities, since LMIA fall under federal, but what if a business is bought in Alberta and that business fall under exclusion list?

2. What would you suggest, a consultant should be arranged before starting the whole process as they know the overall process due to their nature of work.
Regarding #1 - Also be mindful that Alberta Corporations require at least 25% of directorship to be Canadian

Regarding #2 - Many people buy and sell their own houses without using realtors, many people and companies file their taxes without using an accountant, and many people fix their own cars without hiring a mechanic. Hiring a consultant is not unlike any other professional service, if you see the value-add of expertise and evaluate the opportunity cost of your time, it often makes sense to retain someone who knows what they are doing. But, like all of the examples above, there are scammers and incompetent practitioners. A consultant, in the truest sense of the word, should be a subject-matter expert. Do your homework, find someone who knows what they are doing, negotiate a fair price that encompasses the entire scope of work involved, and then make an evaluated decision as a reasonable adult.
 

asad_ali_awan

Full Member
Dec 18, 2018
35
26
Regarding #1 - Also be mindful that Alberta Corporations require at least 25% of directorship to be Canadian

Regarding #2 - Many people buy and sell their own houses without using realtors, many people and companies file their taxes without using an accountant, and many people fix their own cars without hiring a mechanic. Hiring a consultant is not unlike any other professional service, if you see the value-add of expertise and evaluate the opportunity cost of your time, it often makes sense to retain someone who knows what they are doing. But, like all of the examples above, there are scammers and incompetent practitioners. A consultant, in the truest sense of the word, should be a subject-matter expert. Do your homework, find someone who knows what they are doing, negotiate a fair price that encompasses the entire scope of work involved, and then make an evaluated decision as a reasonable adult.
Many thanks!!

Another concern is about the NOC, I mean can one should keep the same noc where he had gained experience but for sure if one is buying a business he should have managerial experience but different NOC, like say experience is in 0121 and LMIA of new business will be for 0621, would this trigger any problem? Both of these nocs have certain similarities as well like managing a business or establishment, sales, hiring but one is very specific and other is mainly for retail industries.
 

trungthuy

Newbie
Jun 15, 2020
1
0
Dear Salman,
Can we apply for OINP Entrepreneur stream and Owner/Operator LMIA also on Ontario parallelly?
Regards,