General requirements Owner/Operator LMIA (Labour Market Impact Assessment) + Express Entry strategy

For Owner/Operator LMIAs, no advertising or recruitment is required. The key requirement is that the foreign national owns a business in Canada in which he or she owns a controlling interest of more than 50% (Therefore you should have at least 51% ownership or higher).  Other requirements include:

 

  1. A business plan that shows how the owner/operator will fund the business and create or maintain employment, and contains at least a rudimentary financial plan and timeline of events;
  2. Active management of the business (i.e. it cannot be a passive investment) in a position that accords with the foreign national’s qualifications and experience with a wage equal to or greater than the median wage requirements for the position; and
  3. Employing at least one Canadian or permanent resident (ideally in the first year as described in the business plan).

This option is available anywhere in Canada.

 

Once an owner/operator receives a positive LMIA, he or she can obtain a work permit from Immigration, Refugees and Citizenship Canada equal to the validity of the LMIA (usually up to 2 years).  Once a work permit is obtained, the owner/operator will, in most cases, be in a position to apply for permanent residence through the Express Entry program.

 

It is worth noting that the Express Entry Comprehensive Ranking System (“CRS”) has been modified and since November 19, 2016, CRS points awarded for job offers (including those based on Owner/Operator LMIAs) have been reduced from 600 points to either 200 points for senior managerial positions, or to 50 points.  This means that an Owner/Operator LMIA-based work permit does not automatically guarantee an Invitation To Apply (ITA) for Permanent Residence, as it inevitably did prior to November, 2016 (although the points will still bolster the applicant’s Express Entry application).  It also means that Owner/Operator LMIAs for senior management positions generate a substantially better chance for that person to permanently immigrate to Canada under the Federal Skilled Worker Program.

 

As of January 1, 2015, Federal Skilled Worker applications are being processed through the Express Entry immigration selection system for immigration to Canada. Candidates eligible under the Federal Skilled Worker Class must first make an expression of interest in immigrating to Canada by creating an online Express Entry profile.

 

Eligibility Criteria

In order to be eligible for a Canada Immigration (Permanent Resident) Visa, Federal Skilled Worker applicants must:

 

Have at least one year of continuous full-time or equivalent paid work experience in the past 10 years in a skilled occupation (National Occupational Classification skill lever 0, A or B); or

Qualify for Arranged Employment In Canada with a Labour Market Impact Assessment and a full-time, permanent job offer from a Canadian employer; and

Pass a minimum threshold of language ability in one of Canada’s two official languages, English or French.

In addition, Federal Skilled Worker (Professional) applicants must obtain at least 67 points based on Immigration, Refugees and Citizenship Canada’s (IRCC) immigration selection factors.

Those selection factors are listed below.

Education: Candidates can be awarded up to 25 points for your formal education.

Language Skills: Candidates can be awarded up to 28 total points (24-first official language, 4-second official language).

Work Experience: Under this factor, candidates can be awarded up to 15 points for certain paid, skilled work experience that they have acquired in the last 10 years, but they must attain at least a score of 9 points in order to qualify.

Age: Candidates can be awarded up to 12 points based on their age at the time of applying.

Arranged Employment: Candidates can be awarded up to 10 points if they have arranged employment in Canada that meets certain requirements.

Adaptability: Candidates can be awarded up to 10 points for a number of factors that show that they are adaptable to moving to Canada.

Once it has been determined that a candidate meets the eligibility and points requirements, he or she must show that he or she has sufficient settlement funds to support him or herself and any dependents after his or her arrival in Canada. Finally, candidates and their dependents must also undergo medical examinations and obtain security clearances as part of the Canadian immigration application process.

Please see below link regarding the details of point system of the six selection factors above:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/eligibility/federal-skilled-workers/six-selection-factors-federal-skilled-workers.html

 

Candidates who meet the criteria of one of the aforementioned federal economic immigration programs (Such as if they can score 67 or higher in federal skilled worker six selection factors) are placed in a pool of candidates who are ranked according to a Comprehensive Ranking System.

 

Candidates in the Express Entry pool are ranked according to the Comprehensive Ranking System, which ranks candidates under the following components:

core human capital factors;

accompanying spouse or common-law partner factors, if applicable;

skill transferability factors; and

factors relating to a provincial nomination, qualifying offer of arranged employment, Canadian study experience, a sibling in Canada, and/or French language ability.

There is a total of 1,200 points available under the Comprehensive Ranking System.

 

Please see below link regarding the details of comprehensive ranking system:

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/criteria-comprehensive-ranking-system/grid.html

 

The following link is very helpful for calculating the points (You just need to fill in all the information from applicant then it will calculate out the points):

https://www.canadavisa.com/comprehensive-ranking-score-calculator.html

 

Please see below link regarding the express entry rounds of invitations (Right now if applicant can score about 450 or higher, they have very high chances to be selected):

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/become-candidate/rounds-invitations.html

 

The highest-ranked candidates (i.e. candidates considered to have the best chances for economic success in Canada), and those with valid job offers or provincial nominations, are then invited to apply for Canadian permanent residence. From this point, candidates have 90 days to submit an electronic application for permanent residence. IRCC aims to process applications within six months of the date of submission.

Candidates must ensure that they complete all necessary forms and submit all supporting documents within this timeframe. On completion of the process, successful candidates and their dependents (spouse and children) will land in Canada as permanent residents.

Candidates in the Express Entry pool who do not receive an Invitation to Apply for permanent residence in Canada after 12 months may resubmit their profile and re-enter the pool if they still meet the criteria of at least one of the economic immigration programs.

 

Note: the Canadian government recognizes that the points awarded under the skilled worker selection system do not always accurately reflect an applicant’s chances of successfully establishing themselves in Canada. As a result, Citizenship and Immigration Canada Officers are authorized to use an alternate method of assessing an application. Under the concept of “substituted evaluation”, a Visa Officer may make their own evaluation for the likelihood of the applicant becoming economically established in Canada. This method allows the Visa Officer to accept or refuse the applicant no matter how many points the applicant has achieved.

This article has been written by Yuchen of Pathway to Canada Immigration Consultants

*The above information is deemed to be accurate on the date published. Please contact our immigration consultants to verify if this information is still correct and if you require more information.

About the Author Rom Houtstra

Rom Houtstra is a licensed and experienced Kelowna Real Estate Agent for almost 12 years with Century 21, the largest Real Estate Company in the world with over 8000 offices in 44 countries. He is committed to providing top service when it comes to selling or buying Residential or Commercial real estate and Businesses. Ask him about his comprehensive Marketing Plan and Listing Presentation. If you are looking for properties in Kelowna, West Kelowna, Vernon, or in other areas of the Okanagan Valley contact Rom.

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