Working as a contractor (small business) after working holiday visa expires

[Stromberg]

Hi everyone,

I'm currently on a working holiday visa in B.C., which is valid for 1 year, and work for a telecom company (via an agency) as an incorporated contractor in IT (Software Engineer).

I would love to stay longer in Canada but my current visa is not extendable, so I suppose I have to apply for a (temporary?) work permit. I found that this situation (contractor/small business) is hardly covered on the CIC webpages and I would be very happy if someone could clarify the process for me:
Is it possible to get a work permit as small business owner in Canada? Is asking the agency (or even the telecom company) to give me a letter that they plan to assign me for at least another year sufficient as a job offer? It sounds weird, but could I, as the director of my small business, give myself a job offer (probably not, eh )?

Any help on this topic would be appreciated!

Thanks so much,
Mar

 

[scylla]

You need a work permit. To obtain a work permit, you'll first need to find a Canadian employer and that employer will have to apply for (and be approved for) a Labour Market Opinion. Once the Labour Market Opinion has been approved, you can then apply for your work permit. A letter from your employer is not good enough. The employer needs to go through the LMO process. More information about LMOs is here:

http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

No - you as the director of your small business cannot give yourself a job offer or apply for an LMO. You need to find a Canadian employer for this to work.

Good luck.

 

[Stromberg]

Thanks for the quick reply. So I read it correctly that there are no programs whatsoever for contractors but only for permanent positions? That's unfortunate :/

It's kinda weird though - I mean I pay Canadian taxes, I buy Canadian stuff and thereby support the Canadian economy and still get kicked out again... but well, rules are rules I suppose

 

[scylla]

The position can be a contract position. However the employer who will be paying for your services still needs to apply for an LMO.

The LMO process is in place to protect Canadians. You're absolutely right when you say that you support the Canadian economy. However the government puts Canadians first. This is why (as part of the LMO process) an employer must prove they attempted to hire a Canadian for the role and were unable to find a suitable candidate (and for this reason must hire a foreign worker). As I'm sure you can understand, governments typically place the interests of their own citizens/permanent residents ahead of those from other countries. Giving their own citizens/permanent residents priority when it comes to the job market helps to take pressure off social systems such as EI and welfare. So there is logic behind these rules - unfortunately that logic just isn't in your favour this time.

Have you checked if you can obtain a second working holiday visa? Depending on the circumstances - sometimes this is allowed.

 

[Stromberg]

Alright, thanks again.
I misinterpreted your reply then, because "employer" sounded to me like a permanent position - I don't really have an employer but my company is in contract with that agency. But I'll just try get an LMO from the agency then.
Of course I get the Canadians first thing, I guess that's what every other country in the world is doing too

Thanks so much for your help, greatly appreciated!

 

[sssadie]

You can apply for an LMO as an owner/operator of your small business - you still have to prove that there is no Canadian who can do what you do, and that your business will create full time jobs in Canada. The lawyer I've consulted said it's a very subjective process, all about who opens your file.

From HRSDC website (search for full entry, it won't let me post a link here)

Category: Owners/Operators

Description: The owner/operator must demonstrate that he is integral to the day-to-day operation of the business and will be actively involved in business processes/service delivery in Canada. In such instances, greater consideration should be given to demonstration by the applicant (owner/operator) that such temporary entry will result in the creation or retention of employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents.

Variation: No advertising or recruitment is required.

Applicability: All Provinces

 

[sssadie]

Does anyone have experience with applying for a LMO as an owner/operator?