Work & Business
LMIA based Work Permit
LMIA means Labour Market Impact Assessment. It is a certificate that an employer needs to get in Canada before hiring a foreign worker. If there is a shortage of labor in the market and a Canadian employer wants to hire a foreign national, they may need positive LMIA. Under the temporary foreign worker program, you can apply to work in Canada only if you have a job offer and your employer has received LMIA approval. And for this employer needs positive LMIA.
A positive LMIA is issued if the employer is able to prove that he tried searching Canadian PR or citizen for the same position, but he failed to find one and hence he needs a foreign worker.
Requirements
Any Canadian employer who wants to submit an application for LMIA must obey the following requirements:
1) Pay a processing fee of CAD$ 1000 / per request.
2) post vacancy advertisements for jobs that can be fulfilled by English/ or French speakers and also vacancies should be advertised by the employer for at least four weeks.
3) Prove that employers have used recruitment methods.
4) An attestation declaring that the employer will not reduce the working hours of workers engaged in the same position to accommodate the foreign workers.
5) Is able to pay salary to foreign workers.
6) Has a legalized business.
7) Provides goods and services to the public.
LMIA exempt Work Permit
Most of the work permits in Canada require a positive LMIA.
A positive LMIA is often needed if foreign national wants to apply for a work permit, however, some exceptions are there.
There are three types of Canadian work permits:
1) Closed Work Permits
2) Open Work Permits
3) Closed LMIA-exempt Work Permits
Closed work permits are the ones that require positive LMIA. Those foreign workers with positive LMIA are supposed to work at the place and location mentioned in the LMIA.
On the other hand, open work permit allows foreign workers to work at any place and with any employer, anywhere in Canada.
The last ones are Closed LMIA-exempt Work Permits. They give the opportunity to foreign workers to work for a specific employer at a specific place but do need LMIA.
This exemption can only be granted if the employer is able to show that the foreign worker will bring social and economical benefits to Canada. This includes
- Artists
- Self-employed engineers
- Intra-company transferees having specialized knowledge
In this exemption, foreign nationals are allowed to work in Canada in those specific industries where Canadians are also working in different countries.
ENTREPRENEURS & SELF-EMPLOYED
Those foreign nationals who want to run their own business in Canada need to prove that their business will be beneficial for the growth and prosperity if Canada and its citizens. These kinds of people can get exemptions from LMIA.
INTRA-COMPANY TRANSFEREES
Multinational companies can transfer their employees to Canada without requiring LMIA.
INTERNATIONAL YOUTH EXCHANGE PROGRAMS
This program allows youth from all over the world to come travel and work in Canada without requiring LMIA.
FRENCH-SPEAKING SKILLED WORKERS
Those foreign skilled workers who can speak French and have a job offer in any province outside of Quebec don’t require LMIA.
MINISTER-DESIGNATED EXEMPTIONS
This exemption is only at the discretion of the Minister of Immigration.
This includes researchers and guest lecturers which are sponsored through some recognized federal programs. This also includes medical residents who have received different awards through institutions in Canada.
Intra-Company Transfers
This is a very popular category for international workers who want to move to Canada.
This category allows international companies to transfer their employees to Canada. If an individual is working in a multi-national company at a location outside Canada, he can take a transfer to Canada without the need for LMIA. He/ she is eligible to obtain LMIA- an exempt work permit to get transferred to any location of the company in Canada. Some requirements must be met in order to be eligible for the intra-company transfer.
Requirements for the Employee
1) The employee must be working at some multinational company that has branches in Canada.
2) The employee should be applying for a position in Canada that is either managerial, executive, or one where some special knowledge is required.
3) The employee must have been working with the multi-national company for at least 1 year (full time).
Managerial capacity, executive capacity, and specialized knowledge are identified from NAFTA ( North American Free Trade Agreement) as mentioned below.
Managerial Capacity
In order to be eligible, this position must meet certain criteria.
- The position must be for managing some department, organization or subdivision of the organization.
- The position must have the authority to hire or dismiss employees of the company.
- The position must have the authority for personnel actions like promotion.
Executive Capacity
In order to be eligible, this position must meet certain criteria.
- The position must have the right to establish policies of the organization.
- Receives supervision from higher-level executives or board of directors.
- Directs a major function of the organization.
Specialized Knowledge
This position requires both proprietary knowledge and advanced expertise.
Proprietary knowledge means having knowledge about the company’s products and tools whereas Advanced Expertise means knowledge used by the employee for the employer’s productivity.
Requirements for the Multi-National Company
The enterprise inside and outside of Canada must have some relationship like a branch, subsidiary, etc.
Both the enterprises should be engaged in regular provisioning of goods and services.
Start-up Visa
This program offers an opportunity for entrepreneurs to immigrate to Canada to set up a new business. Canada welcomes those entrepreneurs who have innovative business ideas which can help in expanding Canada’s economy.
Eligibility Requirements:
There are 4 eligibility requirements to qualify for the Start-Up Visa program.
An individual must:
- Have a qualifying business. An individual should have at least 10% of the voting rights attached to shares of the company. An individual should have at least 50% of the voting rights attached to shares of the company if he is working together with the designated organization.
- Have a letter of support from a designated organization. One needs to show that he has the support of some angel investor group or some business organization. One can get the support of some organizations by convincing them that their business proposition is worth the investment. The interested organization will provide you with a letter of support which should be included with the visa application. One needs to provide proof that his business will be supported by some designated organization. One must secure at least $75000 from an angel investor in Canada or at least $200,000 from a Canadian venture fund recognized by the Government of Canada.
- There is a list of designated organizations that are recognized by the Government of Canada.
- Meet the language requirements- must score min level CLB 5 in either French or English. CLB 5 should be sored in all four sections- reading, writing, speaking, and listening.
- Have enough funds to settle in Canada before one starts earning from the business. Funds depend on the family composition. i.e. the number of family members.
Business Immigration
Canada is a country that welcomes those businessmen who are looking for new opportunities and challenges in Canada. The federal, as well as the provincial/territorial government, like to invite those immigrants who want to start a business and settle in Canada.
There are two categories under this program:
1) Self Employed Persons
2) Start-up Visa Program
Start-up Visa Program:
This program offers an opportunity to the entrepreneurs to immigrate to Canada to set up a new business
Requirements:
There are 4 eligibility requirements to qualify for the Start-Up Visa program.
An individual must:
1) Have a qualifying business.
2) Have a letter of support from a designated organization.
3) Meet the language requirements- must score min level CLB 5 in either French or English.
4) Have enough funds to settle in Canada before one starts earning from the business. Funds depend on the family composition.
Self-Employed Person:
This program allows people to immigrate to Canada permanently as self-employed persons.
Requirements:
1) An individual must have 2 years of relevant experience.
2) One must also score at least 35 points on the selection grid to determine if he/she will be able to make an economic contribution to the Canadian economy.
3) On must pass criminal and security checks. business.
Different provinces offer different business immigration programs.
Ontario Entrepreneur Stream: One such program in Ontario is Ontario Entrepreneur Stream. This program is aimed at those individuals who want to set up a new business or buy an existing business in Ontario only.
The Entrepreneur Stream is an immigration stream under the Ontario Immigrant Nominee Program (OINP). An applicant will be qualified to apply for Canada PR under this program once he is nominated.
The Entrepreneur Stream application is a two-stage process.
Stage 1
1) Submit an “ Expression of Interest”.
2) Once the invitation is received, submit an online application.
3) After filing an application, you must attend a mandatory interview.
4) You must sign a performance agreement after the stage 1 application is successful.
Stage 2
1) A temporary work permit support letter is issued so you can apply to IRCC for a temporary work permit.
2) You have 20 months to establish the business in Canada.
3) If the business plan meets all requirements, documentation will be asked to confirm the availability for the nomination of PR.
Requirements:
1) One must demonstrate that he/she will have a business that will provide economic benefit to the economy of Ontario as a whole or to the local Ontario economy where the business will be located.
2) Individuals must have full-time business experience of at least 24 months in the last 60 months.
3) If you aim to open your business in GTA, you must have a minimum personal net worth of $800,000 Canadian, and you need to invest at least $600,000, whereas, outside GTA, you must have min net worth of $400,000 and invest $200,000.
4) If the business is to be located inside the GTA (Greater Toronto Area), you must create at least 2 permanent full-time jobs for Canadian permanent residents or citizens.
Additional Requirements if buying an existing business:
1) You should come at least once to Ontario within 12 months from the date of showing interest.
2) The business which you are planning to purchase must have been in business for at least the last 60 months.
3) You must use at least 10% of your investment in either expanding or improving the business.
4) You must keep all the full-time, permanent jobs in the business which were there prior to the change of ownership.
