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Owner Operator LMIA

Owner/Operator LMIA is a special class of applications within the TFWP whereby a self-employed/qualified individual wishing to enter Canada can do so by establishing or purchasing a business. A foreign national would be an Owner/Operator if they establish that they have a controlling interest in the business and cannot be fired/dismissed (only answerable to themselves). Controlling interest according to guidelines and policy can be established by either:
  • Purchasing a business and be involved in its day-to-day operations (being a sole proprietor)
  • By being the majority shareholder (holding at least 50.1% shares)
  • By providing an official document confirming that they hold the majority interest (even if they do not hold 50.1% of total shares).

There is no specified minimum percentage of shares to be held by a foreign national to be considered an Owner/Operator. In cases, where there are multiple owners of a business, the largest shareholder or the equal shareholder designated as the “employer” must apply for LMIAs to Service Canada for the other co-owners as “workers”. Individuals who only receive shares (less than to establish the controlling interest) as part of a compensation package are not subject to the term Owner-Operator. The foreign nationals must demonstrate that they have the controlling interest prior to submitting their application and for the duration of their employment in Canada.

The burden of proof in owner/operator LMIA application is on the foreign national/investor to provide information/documents to prove their shareholding/ownership status.

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