Owner Operator Labour Market Impact Assessment
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Owner Operator LMIA (Labour Market Impact Assessment)
Businesses that seek to hire foreign workers typically undergo a process to prove that hiring outside of Canada won't create a negative impact on the Canadian economy.
As such, employers must obtain authorization from the appropriate authorities, often requiring a Labour Market Impact Assessment (LMIA) before Canada will consider issuing a foreign worker visa.
Foreign nationals seeking the ability to work in Canada for their own business, have the option of pursuing an LMIA in a similar manner.
What is the Basis for Judicial Review in the Federal Court?
If you perceive that an error of law was made regarding your immigration case, then you have the basis to ask for a judicial review.
LMIA Requirements for Owner-Operators
A few items to keep in mind, when applying for an LMIA as a Owner-Operator:
- Applicant must be a proprietor of the organization, or
- An official document must demonstrate that the applicant is a shareholder of the organization.
- For owner-operator LMIAs, the applicant should have a significant role in managing the business
- The sole proprietor or shareholder can't be dismissed from their position
- An owner-operator LMIA business plan, which includes financial planning and investment details
- Applicants should show the ability to create employment for Canadians and residents
Successfully petitioning for an LMIA exemption doesn't guarantee a work permit, temporary or permanent residence.
Alternatives to the Owner Operator LMIA
Owner-operators may wish to consider alternative paths to obtaining an LMIA. IRCC lists several exemption codes for LMIA applicants, including trader and investor categories under international trade agreements with Europe and North America, among other trading blocs.
Canada encourages business immigration through multiple means and programs, including:
- Canadian Start-Up Visa Program
- Ontario Provincial Nominee Program
- British Columbia Nominee Program
These alternatives for owner-operator LMIA may provide a more appropriate path for entrepreneurs and investors looking to expand into the Canadian market, create a new Canadian business or engage in trade and investment beneficial to Canada's economy.
Questions 
Owner Operator LMIA FAQs
Typically, this type of LMIA is reserved for established businesses. For example, an applicant who recently purchased an existing Canadian business would be more likely to secure an LMIA.
Obtaining an LMIA, regardless of the immigration stream, is one of many requirements for those who wish to secure a work visa. As such, the LMIA is part of a larger immigration process and not the end goal.
The owner-operator LMIA processing time varies from case to case, ranging from weeks to months. A clear, concise business plan and full legal documentation will likely reduce the waiting period.
Within the previous points system, an LMIA used to guarantee a high enough score to be invited for a work permit, temporary and even permanent residency. However, a LIMA remains valuable because obtaining this document greatly increases your points score.
Start Your Owner-Operator LMIA Process Today!
Business owner-operators know that time is money, which makes the Owner-Operator LMIA valuable for all enterprises entering the Canadian market from abroad.
Obtaining an Owner-Operator LMIA requires a detailed business plan along with precise legal documentation for business immigration. This includes detailed financial plans, employment projections and property lease details, all of which greatly increase the odds of a successful application.
- It must be a public act
- It must be an important and not an optional act
You must be able to prove that you have previously made a demand for the completion of that act within a duration of time. That way you can rightfully claim that the authority concerned had failed to do their duty and therefore, an application for Mandamus is a last resort.
You Can Appeal a Decision Made by the Following Immigration and Refugee Board (IRB) Divisions in the Federal Court:
Immigration Division: This division is 1 of 4 divisions of the Immigration and Refugee Board (IRB) that conducts admissibility hearings and detention reviews under the Immigration and Refugee Protection Act (IRPA).
Immigration Appeal Division (IAD): The IAD division is 1 of 4 divisions of the Immigration and Refugee Board (IRB) that apprehends and decides on different immigration appeals.
What is the Time Period to Apply to the Federal Court?
There are different deadlines for different statutes. Generally, you are required to file an application for judicial review within 15 days if the case matter occurs in Canada or within 60 days if the case matter occurs outside Canada.
However, some cases may have very specific deadlines. For example, in the case that your refugee protection claim has been rejected, you are required to file a 'notice of application’ within 15 days of the IRB’s decision.
After this initial application has been submitted, you have 30 days to file the Application Record, which includes your legal documents and evidence to support your case.
At this stage, it is generally recommended to hire an immigration litigation lawyer as soon as possible.
Once a notice of application has been submitted, you have 30 days to file an affidavit that contains the evidence and gives basis for your plea of review.
What About Your Status of Removal?
Whether or not you will be allowed to stay in Canada while your application is under review is decided by the IRB division that made the initial decision.
These are the last 2 divisions of the IRB:
Refugee Appeal Division: If the decision you are looking to review was made by this division, then your removal order will be put on hold. You will be allowed to stay in Canada until the federal court makes the decision.
Refugee Protection Division: If the decision you are looking to review was made by this division, then your removal order will not be put on hold. You will be required to leave Canada until the Federal Court makes its decision.
Ultimately, if the court decides that no error was made, then you must leave Canada within 30 days.
However, if the court returns your case back to the IRB for further review, your case will be reconsidered. However, that does not guarantee that the IRB will change the original decision.
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