Employment and Social Development Canada (ESDC) has recently clarified their policies regarding Owner/Operator LMIAs. Under the current updated policy, applicants must demonstrate a controlling interest in the business (e.g. being the business’s majority shareholder). Additionally, applicants must not be able to be dismissed from their employment as owner/operators. Previously, applicants needed to prove “active involvement” in a business’s processes or service delivery in Canada. This vague requirement could often, but not always, be satisfied by proving an applicant was the largest shareholder in a business with at least a 33% stake. Though ESDC’s recent policy change has established more onerous ownership requirements, it has provided much-needed clarity regarding exactly what applicants must establish to satisfy the requirements of this LMIA.

The owner/operator LMIA is an attractive option to applicants looking to enter Canada to actively control and manage a business, as these LMIAs are exempt from the lengthy and cumbersome advertising requirements that apply to most LMIAs. However, it is still necessary for all applicants to satisfy ESDC that their employment will benefit the Canadian labour market.

Our team of lawyers has extensive experience with all types of LMIAs, and can help ensure your application satisfies ESDC’s challenging and ever-changing requirements. To learn more about the LMIA process and working in Canada, please contact our office.

Borders Law firm

Himanshu Bhond

Borders law firm is best immigration consultant and lawyers in Ontario Canada. I suggest you to visit here for best service.

Suresh Bhoopathy

I wish to express my sincere appreciation with the services we received from your law firm. Borders Law Firm provided us with an amazing, valuable resource and experience. I have worked with couple of law firms in the past but the experience with your firm was professional and personal. Frankly speaking, Devika and Phing were available whenever I needed legal help and crisp / precise with the entire process. I have nothing but good things to say about our experience with your firm. Thanks a ton for the best services and continue your great service. Suresh Bhoopathy

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zay B

Borders Law firm has provided our company with excellent immigration services. Highly recommend for those who need help or any companies that need to apply for LMIA in Canada. Devika Penekepelapati has deep and thorough knowledge of rules and procedures . She got a few LMIAs and WP approved for our Company. We would not hesitate to recommend the law firm to anyone seeking help with immigration services. Thanking you sincerely Devika and entire Borders Law firm Team.

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