Canada Immigration 
US Immigration 
Here are some highlights and key takeaways from the conversation:
Business Immigration Program Trends:
There is a general tightening of immigration programs, with a shift away from entrepreneur-focused programs like Startup Visa and provincial business programs. The focus is now on economic-class programs and traditional pathways, making it more challenging for business owners to transition to permanent residency.
Because of recent and expected further changes, comprehensive immigration planning with backup plans is crucial due to the evolving landscape and program uncertainty.
Jane sums up recent shifts in Canadian immigration by explaining that “with the Startup Visa, we saw a lot of attention. It was cool. It was hip. It was sexy. They said, ‘We’re bringing innovative businesses to Canada. Now, the national and provincial governments are really just focusing on ordinary economic development programs.”
Benefits of the LMIA Owner-Operator Route
The LMIA OO allows foreign business owners to “test the waters” without a permanent record on their immigration file, unlike LMIA-exempt work permits. It reduces subjectivity in the work permit application process, as the legitimacy of the job offer is already established through the LMIA.
The LMIA OO option also offers a pathway to permanent residency, although the Express Entry points system is becoming more competitive.
“If you are filing for a work permit with this, the fact that it’s a legitimate job offer already exists within the…scope of the work permit,” says Jane. “So, there’s less an officer can refuse us when we’re filing for an LMIA-based work permit.”
“Currently, it will still give you 50, but usually 200 points in the Express Entry program,” she continues. “But again, disclaimer for everybody: this can change (in the future), and we’ll see what happens with those points.”
Eligibility and Success Factors
Jade shared a few tips on how to optimize an application for the program based on her experience working with clients:
- The business must be operational, with a minimum recommended turnover of $300,000 in the first year. Even though there is no number officially specified, this is the amount that is usually the expected minimum.
- Purchasing an existing business can increase the chances of approval due to established operations and revenue. Startups can also qualify if they demonstrate significant investment and proof of legitimacy.
- A business plan is always a must-have, and it should include aspects that are often overlooked, like a staffing plan and financial forecasts.
Regarding the advantage that comes with purchasing an existing business, Jad adds that “the nice part about it is that if there is already a functioning business, you won’t get too much pushback from the officer at Service Canada about the operations of the actual Canadian business.”
Tips for Navigating the Application Process
Here are Jade’s tips for immigration professionals working with LMIA OO clients and how to enhance their applications:
- Set clear expectations with the client, emphasizing their active involvement in the process.
- Prepare the client thoroughly for the ESDC interview, as it is a crucial step in the LMIA application.
- Work in tandem with the client on the work permit application to ensure a smooth transition after LMIA approval.
Jade also stresses the importance of making sure that clients are very familiar with the contents of the business plans they attach as part of their application package because otherwise, “they’re going to get to their interview, and they’re going to have no idea what they’re talking about because they didn’t write the business plan themselves.”
Alternatives and Future Considerations
As much attention as the LMIA OO has attracted recently, it’s still part of a broader range of business immigration options available in Canada. Our conversation during the webinar touches on several alternatives and options that should be on the radar of anyone looking for a path forward to a new career:
- Explore alternative pathways to permanent residency, such as provincial programs or spousal sponsorship, if the Express Entry points system becomes less favourable.
- Consider delaying the full purchase of a business until after obtaining permanent residency, if necessary.
- Stay informed about policy changes and adapt strategies accordingly, as the immigration landscape is constantly evolving.
- If the applicant has a spouse, the spouse can come in with the business owner and then work at the company or in another company to go through the permanent residency route.
- There are also provincial programs to be considered in addition to national programs. Jade warns, however, that provincial programs can be unreliable and can be opened and closed without notice.
- Being ready with a backup plan is a must, including being prepared to quickly pivot and change to an alternative path when it becomes clear that LMIA OO may not be the best choice.
These are just some of the takeaways you’ll find in the full version of Facing Business Immigration Challenges in Canada and How the LMIA OO Can be the Answer, with special guest Jade Calver. Watch the full recording of the webinar on Joorney’s YouTube channel.
Reach out to us today to learn more about LMIO OO program business plans.
