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Keen to Qualify for Canada LMIA Advertising Exemption? You Must Now Have Over 50% of Business!

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Are you an overseas worker, applying to work in Canada, on an impermanent ground, as the owner/operator of a business? If yes, this news report is for you! Read it carefully!

Ottawa has made a crucial amendment to the well-known and widely used owner/operator class of the overseas manpower, which is keen to do a job in the Maple Leaf Country. At present, it is mandatory for the foreign owner/operators to have possession of over half of the business, with a view to make the grade for an exemption from the advertising conditions that are classically a condition for a Labour Market Impact Assessment (LMIA) petition.

Earlier, an overseas employee—submitting a petition to work in the Maple Leaf Country, on a temporary ground, as the owner/operator of a business--could have the possession of any proportion of the business and meet the conditions for the advertising exemption.

It is required for the Canadian recruiters/job-providers to frequently publicize and promote every employment opening across the national job market, for not less than four weeks, prior to presenting an application for a LMIA.
The recruiters/job-providers, who want to take into service foreign manpower in some specific certain employment streams, are subject to a difference in the advertising conditions, which may comprise--as is the specific case for suitable owners/operators--an exemption from the conditions on the whole.

With a view to make the cut, as an owner/operator, the overseas person must, among others:

  • show a level of controlling interest in the firm/company—either be a lone proprietor or a majority shareholder;
  • show that such impermanent admission will lead to the either the formation or retention of job chances for those with the citizenship and Permanent Residency (PR) rights, and/or skills transfer to those with the citizenship and PR rights; and,
  • not be in a position to be sacked.

Despite the fact that most of the shareholder and sole proprietor owner/operators are exempt from the LMIA advertising necessities, it is compulsory that a thorough application that satisfies the above points is still suitably got ready and presented. It is the advertising conditions of the LMIA--and not the whole LMIA application procedure itself--that the owner/operator is really exempt from.

It is claimed that this most recent government amendment--which covers each and every Canadian province--will likely have the effect of cutting down the figure of the potential candidates, who could be exempt from the LMIA advertising necessities under this stream.

New improvements to the Temporary Foreign Worker Programme (TFWP) are likely over the next few months, as the administration duly prepares amendments following stakeholder consultations.


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