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. Back to all posts Share this post:
Ranjana Vashistha It was an exceptional experience with border law firm. They take time to understand client situation and offer the best option. Devika is well knowledgeable lawyer and easy to connect with. John took care of my case and went above and beyond my expectation. He was always there to answer my question. The most responsible lawyer I ever meet, to meet my deadlines, I know he worked many evenings and weekends. I strongly recommend this law firm. In fact no one should go to consultant. My each and every penny spend with this firm is worth more. I am thankful to Devika and John for helping me and my family for our immigration needs.
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Madhuker Akula Associated with Borders Law Firm for 13+ years, I have nothing but the best things to say about their services. Devika and Andres are very knowledgeable and they treat you with respect and compassion. Working with Jenny, their Associate Lawyer during the most recent recent experience has further assured that the firm has the best people portraying their wealth of experience in all aspects of Canadian immigration law.
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