Canadian employers may obtain an LMIA for an eligible foreign national who owns and operates a business. Whereas in most employment categories, the employer must advertise all job vacancies across the Canadian job market for at least four weeks, there is no advertizing or recruitment requirement for owner-operators.

To qualify as an owner/operator for the purpose of obtaining an LMIA, the candidate must demonstrate:

• they have controlling interest in the business:

• • by being be the sole proprietor;
  • by being a majority shareholder;
  • by providing an official document to that effect.

• they are actively engaged in the business;
• they cannot be dismissed.

  In addition, the business must be based outside of the province of Quebec.

  To know more about the requirements for this type of LMIA-based work permit, the steps in the application process, or if your application has been refused, please CONTACT US to schedule a legal consultation.