LMIA exempt and Owner Operator

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Old May 26th 2020, 2:32 pm
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Default LMIA exempt and Owner Operator

Hi all, just dropping in to say hello again as it's been a while. Still no action on my FSE visa app (no surprise given the average processing times) but I got to wondering if anyone had had nay success with either of the two following routes to getting a Temporary Work Permit:
  • Owner Operator LMIA Temporary Work Permit
  • LMIA exempt Temporary Work Permit based on the International Mobility Program (in my case section 205 C11)
It's a bit of a reach but they're both pretty good looking routes to getting boots on the ground while I wait for my FSE PR decision (and they offer the chance of building Canadian Work Experience towards CEC PR...)

At their core for those who don't know what these are they're basically a route wherein you set yourself up as a sole trader or some kind of company in Canada and then effectively hire yourself. It sounds shady but it's all totally legal I'm just wondering if anyone on here has done this and if they have could they provide some detail on the kinds of things that it entails at the nitty-gritty level...?

Thanks in advance. Hope everyone is OK with this virus jobby and not climbing the walls with boredom under lockdown!

Jack.

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Old May 26th 2020, 2:52 pm
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Default Re: LMIA exempt and Owner Operator

Have a search for posts by RICH, who did this. It will depend on what you're planning on doing in Canada (sorry, I can't remember), but if you can prove you'll be investing in Canada and hiring Canadians, then it's absolutely possible. For the 205 C11 exemption, as you want to stay permanently, it only works with PNP so not sure that will be an option for you?
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Old May 26th 2020, 2:53 pm
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Default Re: LMIA exempt and Owner Operator

Awesome, thank you very much. I'll track him down...
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Old May 26th 2020, 2:58 pm
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Default Re: LMIA exempt and Owner Operator

Originally Posted by theotherlebowski
Awesome, thank you very much. I'll track him down...
Just done a quick search, here are a few of his posts on the subject -

Noobie Question

self-employed immigration

What should we do Rent of BUY???

Hopefully he'll see this thread and be able to answer any questions.

Good luck.
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Old May 26th 2020, 3:08 pm
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Default Re: LMIA exempt and Owner Operator

Many thanks! I dropped him a PM too.
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Old May 26th 2020, 5:55 pm
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Default Re: LMIA exempt and Owner Operator

Have you looked at the many links for Audio Visual Tech's on this website? .. Perhaps you could get some advice on starting up your own company.. although there appear to be a fair few around, so you might struggle to make a living..
There are associations and labour organizations for audio and video recording technicians in BC and Canada. These associations provide assistance to organizations and individuals working in this sector.
https://pwp.vpl.ca/siic/guides/audio...ians/#industry
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Old May 26th 2020, 7:34 pm
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Default Re: LMIA exempt and Owner Operator

Awesome thank you.

I wasn't sure if the LMIA Owner Operator route was more likely to be viable than the LMIA exemption under 205 C11. I know it will cost more!
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Old May 27th 2020, 3:06 pm
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Default Re: LMIA exempt and Owner Operator

Replied to your PM - here's the same info for anyone else contemplating the same route.

Not sure if this'll be much help as it was 15+ years ago when I emigrated, but this is the process I took:
  • I sold my home in the UK and purchased a property that had scope for a business in BC (this was important - the level of investment I was making in launching a business was a major consideration/factor in the determination of whether I was eligible for a TWP). At that point in time I was merely a visitor to Canada with no immigration status.
  • Spent several months preparing the property to trade from - all the investment, work, refurbishment, business contacts, conversations with local authorities, proposed employees I'd need etc was documented and became part of a business plan.
  • An immigration lawyer in Vancouver (https://vancouverlaw.ca/rudolf-kischer/) arranged an appointment at the Sumas border crossing to be interviewed and apply for a TWP.
  • The interview consisted of presenting the business plan and answering questions about the proposed venture, my finances etc etc. I was issued with a 3yr TWP. You should note that there was no certainty that it could/would be extended.
  • The TWP meant I was beholden to that business for all my income - it didn't permit me to seek employment or launch other businesses.
  • In parallel I applied for PR (based on previous UK occupation/age/experience etc), which was granted a few months before the 3yr TWP expired.
  • After 4 years or so I sold the business after being offered an employed job.
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Old May 28th 2020, 1:24 pm
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Default Re: LMIA exempt and Owner Operator

I found these pages on the CIVS Website (I'm not affiliated with them in any way, just found them after some exhaustive googling!) that detail the process of the LMIA Owner Operator for both those buying existing businesses and looking to start their own.

<snipped>

Leaving them here for anyone else wo happens to want to try this route. It seems doable but it's expensive and non-refundable so think hard before committing to it!

Last edited by Siouxie; May 28th 2020 at 3:26 pm. Reason: No unofficial Immigration links please -
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Old May 28th 2020, 2:13 pm
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Default Re: LMIA exempt and Owner Operator

CAVEAT: Yes it is completely legal to do it however there is no guarantee that just showing up at a Port Of Entry and presenting such a plan you would be issued a Work Permit. In R I C H's case he had done his homework and presented a business plan and sought the services of a lawyer and to be present at the interview with CBSA officers.
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Old May 28th 2020, 3:25 pm
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Default Re: LMIA exempt and Owner Operator

Originally Posted by theotherlebowski
I found these pages on the CIVS Website (I'm not affiliated with them in any way, just found them after some exhaustive googling!) that detail the process of the LMIA Owner Operator for both those buying existing businesses and looking to start their own.
<snipped>
Leaving them here for anyone else wo happens to want to try this route. It seems doable but it's expensive and non-refundable so think hard before committing to it!

CIVS are an immigration consultancy who are hoping that you will secure their services.. they even post a disclaimer for information posted on their 'blog'.. I would be VERY hesitant in following their advice.
DISCLAIMER: This article / guide is being offered for informational purposes only by Canada Immigration and Visa Services Inc (CIVS) While CIVS has made every effort to present accurate and reliable information, we hereby disclaim any liability for any errors, omissions or inconsistencies in this guide.
I strongly suggest you read up on the requirements on official websites or from personal experience - not these Immi Consultant clickbait posts!

"You're an Entrepreur"
https://www.cic.gc.ca/english/work/a...mit-result.asp You may be eligible for an employer-specific work permit if you intend to operate a business in Canada that would create or maintain:
  • significant social, cultural or economic benefits, or
  • jobs for Canadian citizens or permanent residents of Canada.
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