To qualify as an owner/operator, a foreign national must demonstrate that they:
  • have a level of controlling interest in the business of more than 50% of the business,
  • are in the most senior position and are active in the management of the business;
have a sound business plan
  • plan to employ at least one Canadian or permanent resident in the first year, and
  • the business activity in Canada will create more employment opportunities for Canadians and permanent residents and/or skills transfer to Canadians and permanent residents.

Advantages:

  • When applying for an Owner/Operator LMIA, there is no requirement for advertising or recruitment.
  • This option is available anywhere in Canada.
  • The validity of a positive LMIA is up to 2 years; IRCC issues a work permit for 2 years
  • Becomes a path to permanent residence through the Express Entry System

Disadvantages:

  • The unpredictability of end-result;
  • Employer-specific work permit;
  • There may be a loss of investment; and
  • There are some tax disadvantages.