Job Creators Work Permit Canada
| IRCC has updated the criteria for IMP C11. Please visit the updated article instead of the current page. |
Barsha is a successful businesswoman from Bangladesh. To expand her opportunities, she intends to start a business in Canada. However, she is not quite sure where to start. One of Barsha’s friends told her she might get a work permit in Canada if she creates jobs for Canadians. Of course, she must convince an immigration officer she is a genuine job creator.
Table of contents
Introduction
Canadians are sensitive to foreign nationals who work in Canada. Many people believe foreign nationals take away jobs from Canadians. Consequently, the government of Canada issues work permits to these people only under the following circumstances:
- A Service Canada officer issues a positive LMIA. Such a letter means the applicant’s hiring has no adverse effect on the labour market.
- The employment falls under the International Mobility Program (IMP)
What is an LMIA?
LMIA stands for Labour Market Impact Assessment. It is a Service Canada letter or Employment and Social Development Canada (ESDC). Nonetheless, the LMIA indicates whether hiring a foreign worker has a neutral or positive impact on the Canadian job market. Of course, if you want to know more about LMIA, read the following article:
What is the International Mobility Program (IMP)?
The International Mobility Program (IMP) defines exemptions from an LMIA for foreign workers. IMP falls under one of the following major categories:
- Canadian interests (practitioners see R205)
- International agreements (practitioners see R204)
- No other means of support (practitioners see R206)
- Permanent residence applicants in Canada (practitioners see R207)
- Vulnerable workers (practitioners see R207.1)
- Humanitarian reasons (practitioners see R208)
Since job creators fall under the Canadian interests sector, I’ll focus on this group only. Of course, you may read the following article for more information:
Work permit for job creators!
If you prove to be a job creator, you could receive a work permit for Canada. Of course, this work permit falls under the Canadian interests subcategory of IMP. To be more specific, it falls under the LMIA exemption code C11.
Who is a job creator?
A job creator is someone who shows all of the following:
- A realistic plan to run a business leads to job creation for Canadians or Permanent Residents of Canada.
- The plan contributes to the Canadian economy.
- The job creator is the best person to run the business.
- A Canadian business belongs to the job creator. In other words, the job creator has either registered a company in Canada or has purchased an existing one.
- The job creator has taken serious steps towards running their plan in Canada.
A realistic plan
The job creator needs to present a well-researched and detailed business plan. Of course, such a plan includes market research and a plan for hiring Canadians or permanent residents of Canada. It also reflects financial matters, local issues, etc. Hence, a weak plan leads to the refusal of the application.
A significant contribution to the Canadian economy
The job creator must show their plan significantly contributes to the Canadian economy. Of course, this does not mean they must invest millions of dollars. However, they need to show the combination of the investment and their expertise could create opportunities for other Canadian companies and individuals. Nevertheless, there is no minimum investment under this program.
The best person for the job
The immigration officer who reviews the application focuses on the job creator’s resume. Consequently, they want to ensure the applicant’s experience and education make them the best person for the job. We usually consider the role of the business owner and manager for the job creator. However, depending on their background, they may take on other functions. Regardless of the position, they must show they are the best person for the job. Of course, rich history of business ownership or management could be beneficial.
Business ownership in Canada
The job creator must purchase an existing business in Canada or establish a new one. Nonetheless, at least 50% of the Canadian company must belong to the applicant. The other 50% could belong to the job creator or someone else. The following articles offer more information on this subject:
- Register a Business in Canada – For Visa and Immigration Applicants
- Liabilities Corporate Directors Canada
Taking practical steps toward running the business
Even before applying for a work permit, the job creator must take serious steps toward running the Canadian company. Some examples include
- preparing a detailed business plan;
- registering the business in Canada;
- conducting an exploratory visit to Canada;
- signing memorandums of understanding with other Canadian companies;
- leasing an office;
- publishing a website;
- transferring funds to Canada; or
- hiring Canadians or permanent residents of Canada.
Of course, this list is neither inclusive nor exclusive. A seasoned immigration practitioner could help you with the process. However, regardless of doing it yourself or hiring another person, stay away from misrepresentation. Altering documents, creating fake papers, or hiding material facts could make you inadmissible to Canada. Of course, misunderstanding could even lead to imprisonment or fines. Unfortunately, clearing a criminal history is not easy in Canada.
Complexities of this type of applications
Generally speaking, these applications are for successful business owners or senior managers. If you are not a wealthy person, stay away from this option. You may only apply if you have a deep understanding of the process. Consequently, I highly recommend hiring a professional with expertise in this field.
Can work permit for job creators lead to Permanent Resident status in Canada?
A work permit is a temporary status in Canada. You usually receive a two or three-year work permit to stay and work in Canada. Of course, you could extend your work permit if you meet the requirements at the time of renewal. Alternatively, you could apply for permanent residence after a while. Permanent residence is not an option for everyone. However, a combination of work experience in Canada and your merits could qualify you for Express Entry or other immigration options.
Let us help!
Please fill out our free assessment form if you wish to visit or move to Canada. We will review the form for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal advice from a licenced practitioner.
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Would you please fill out our free assessment form if you wish to visit or move to Canada? We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal immigration advice from a licensed practitioner.
Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor – Queen’s University – Faculty of Law
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada
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