The Owner-Operator Work Permit was created as a way to allow foreign nationals to enter Canada to run their own businesses. Usually, foreign nationals do so with the aim of immigrating permanently to Canada, and this stream is most commonly used by people who have experience running their own businesses in another country and who have the skills and resources to invest in an existing Canadian business, or start a new business in Canada.

Requirements

1. He/she must demonstrate a level of controlling interest in the business. This is usually defined as owning at least 50% + one share (>50%) of the company.
2. He/she must prove that his/her temporary entry to Canada will create or retain employment opportunities for Canadians and permanents residents and/or transfer skills to Canadians and permanent residents
3. He/she must detain a non-dismissible position (must occupy a superior position or one of superior positions in the company without the possibility to be dismissed)

The applicant also needs to submit a business plan. This is a very important aspect of the application, and needs to be carefully prepared. 

Business Plan

As part of the application, the applicant needs to submit a detailed business plan showing the business financing and creation or maintenance of employment.  This plan must include a rudimentary financial plan and timeline of events.

ESDC (Employment and Social Development Canada) will go over your application, and will often call the applicant for a face-to-face interview. At this interview, the officer is quite likely to dive deep into the details of the business plan to validate the applicant’s knowledge of the business. 

Managing the Business

A foreign national must be actively involved in the management of this business and must be remunerated according to his/her qualifications and experience at a level equal to or greater than the median wage requirements for the occupied position.  He/she must employ at least one Canadian or permanent resident in the first year of the company activities.

This is not a passive-investment program. 

LMIA and Path to Permanent Residency

Once the LMIA is approved, you are issued a work permit which is usually valid for a period of two years. This LMIA can then be used to get up to 200 points for Express Entry, and most applicants easily cross the points threshold to be invited. 

Next Steps

If you are interested in learning more about the Owner/Operator path to Canada, please contact us for a free assessment.