Newfoundland Provincial Nominee Program

Owner/Operator LMIA is a pathway to Canada for business owners and entrepreneurs who wish to enter Canada after establishing or purchasing a business.

It is possible to apply for a work permit under this category to either launch a start-up or purchase an existing business in Canada. A work permit can be issued for up to two years. If it is a first-time Owner/ Operator LMIA application, a work permit is likely to be issued for a duration of one year. Provided the business owner can prove the business has been established the work permit can be extended. Each extension is usually two years and there is no limit on the number of times the work permit can be extended. There are pathways to permanent residency for owner/operators depending upon the type of job offer/LMIA and the background of the owner/operator.

Requirements for the owner/operator:

Own a business in Canada
Sole proprietor or a majority shareholder of the business
Previous management experience and qualifications that demonstrate the capability to manage the business.
English or French language ability to actively work as a manager in the business
Financial assets to purchase and operate the business
Demonstrate that the business will lead to job creation or retention or the transfer of skills to Canadian permanent residents / citizens

Hold a position within the business that cannot be dismissed or is answerable to a more senior manager of the company
Provide business plan that details how the business will create/maintain employment of Canadians as well as an outline as to how the business owner/operators employment will be maintained within the company
Active involvement in the business and demonstration that the owner/operator is not making a passive investment
The business must employ at least one Canadian citizen or permanent resident within the first year

Advantages of the Owner/Operator LMIA:

The processing time is short (usually 3-6 months to obtain an LMIA and work permit)
There is no minimum net worth requirement
There is no minimum investment amount required
The spouse of the owner/operator receives an open work permit and the dependent children receive a student permit or temporary resident visa depending upon their age
The business can be established anywhere in Canada
Work permit can be extended an indefinite number of times provided the business is still in operation

Pathways to Permanent Residency

If the owner/operator obtains an LMIA in a senior management position (NOC 00) they will receive 200 additional points on their Comprehensive Ranking System (CRS) score in the Express Entry system as soon as he or she has an LMIA approved.In most cases this will strengthen an applicant’s score enough to receive an “Invitation to Apply” (ITA) in the Express Entry system. If the job offer and LMIA are not in a senior management position they will still receive 50 points on their CRS score. If they operate the business for at least one year they will receive further additional points on their CRS score.

After a work permit is granted and the owner has resided in Canada for at least a one year period, they may be in a position to apply for a permanent resident visa through a Provincial Nominee Program

The spouse can apply as the principal applicant after obtaining work experience and an employer sponsor in Canada.

How can a Regulated Canadian Immigration Consultant Help?

In addition to making sure the application is complete there are three main areas where an RCIC can help.

Immigration Strategy and Option: An RCIC can advise you on the different options that are available to you to obtain permanent residence in Canada and explain the pros and cons of each option. It is important you choose the best immigration program from the start as this will likely save you time and money in the long run.

If you do not have a representative assisting you then you will probably only submit the required documentation listed on the PNP or IRCC checklist. Submitting only these documents may be enough to result in a favorable decision. However, submitting only those documents sometimes is not enough to make your case and to satisfy the visa officer you meet the requirements of the visa. Generally, it is wise to submit as much evidence as you can above and beyond the minimum required by the PNP office or IRCC. Your representative can assist you in preparing and submitting a strong application by identifying the weaknesses in your application and advising you how to strengthen your application.

An RCIC will prepare and submit a submission letter on behalf of the applicant along with the application. The submission letter is an important part of the application which summarizes and more importantly demonstrates why you meet the requirements of the visa. READY TO APPLY TO THE NSNP ENTREPREN

Ready to apply to the NSNP Entrepreneur Stream?

Review your information and develop a strategy to apply
Assist you in identifying suitable investment opportunities
Aide you in making an exploratory visit (if applicable)
Help you to engage an approved regional community (if applicable)
Prepare and submit your visa application to the NSNP and IRCC
Act as your authorized representative to the NSNP and IRCC

Misrepresentation

The visa officer has reason to believe the applicant has provided false information or documents in the application. For example if an applicant fails to disclose a previous visa refusal to another country such as the United States the result will be a finding of inadmissibility for misrepresentation and a ban of 5 years from Canada. Another common example of misrepresentation is failing to disclose facts about their criminal history on their application.

Genuineness of Relationship

The visa officer is not convinced that a genuine or real relationship exists and may suspect that the relationship was entered into solely for the purpose of obtaining permanent residence status in Canada. This is known as a marriage of convenience.

Criminal Inadmissibility

The visa officer suspects or has evidence to believe that the applicant has committed or been convicted of a criminal offense in Canada or outside of Canada that would render them inadmissible to Canada meaning they would not be allowed to entry the country.

Medical Inadmissibility

Applicants with a medical issue may be found medically inadmissible to Canada. This is common in family sponsorship cases especially those involving elderly family members.

Security

Persons who have served in the military or in some government positions or who were members of certain organizations may be required to provide more information to IRCC about their roles and activities to determine if they are inadmissible to Canada for security reasons.

Other

Visa officers can issue a PFL for a variety of reasons if they require more documentation or evidence about an area of an application.

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IF YOU WANT TO APPLY FOR PERMANENT RESIDENCE THROUGH THE NSNP ENTREPRENEUR STREAM WE ARE HERE TO HELP! PLEASE COMPLETE OUR ONLINE FREE ASSESSMENT FORM OR CONTACT US AND ONE OF OUR REGULATED CANADIAN IMMIGRATION CONSULTANTS WILL REVERT TO YOU WITHIN 48 HOURS.

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