Connect with us
Connect with us
In recent times, Canadian immigration, particularly through the Start-Up Visa (SUV) and Provincial Nominee Program (PNP), has seen significant changes that make the path to permanent residency (PR) more challenging.
Under the Start-Up Visa (SUV) program, IRCC will now accept applications associated with no more than 10 start-ups per designated organization each year, prioritizing those with Canadian capital support or backing from a business incubator affiliated with Canada's Tech Network. Meanwhile, Provincial Nominee Programs (PNPs) are becoming increasingly competitive with more stringent eligibility criteria. Each province has unique needs and priorities, making it essential for applicants to tailor their skills and experience to meet these specific requirements. Since these needs and priorities can shift rapidly, PNP requirements are frequently updated, making future planning challenging for applicants.
Through this article, which focuses on pathways that can help one secure an additional 200 points by obtaining what the express entry system calls an “Offer of Arranged Employment” under a NOC TEER 0, we hope to help individuals who find themselves in the following scenarios:
* Business owners, both overseas and inside Canada
* Individuals, inside Canada or overseas, who are able to acquire partial or complete ownership of an existing business and join it in an executive capacity
* Employees overseas have yet to begin working in Canada
* Employees in Canada who are named on an LMIA
* Employees in Canada working on an LMIA-exempt work permit
Do you want to become a Permanent Resident in Canada? Our licensed consultants could assess your profile against +75 immigration programs across Canada. Get a FREE email assessment by filling out our form, click here.
If you are an aspiring applicant, it is natural to feel discouraged when facing the obstacles in the ever-shifting landscape of Canadian immigration. However, it is important to remain optimistic and explore alternatives. In order to boost your Express entry profile, you can either find an employer who is willing to give you an offer of employment, or, as a business owner, you can issue one to yourself.
LMIA Route: This pathway involves leveraging an executive Labour Market Impact Assessment (LMIA), which is a special type of LMIA that significantly enhances an applicant's Express Entry profile in Canada's immigration system as it grants the applicant an additional 200 CRS points. This LMIA is used to support job offers for high-level executive positions, classified under the NOC (National Occupational Classification) 00 or TEER 000 categories, such as CEOs, Managing Directors, and other top-level executives. Obtaining this type of LMIA can be crucial for aspiring immigrants, as it can make the difference between being stuck in the Express Entry pool and receiving an invitation to apply for permanent residency.
LMIA-Exempt Work Permit Route: This can be through significant benefit or bilateral agreements (IRPR 82(1)), such as Intra-Company Transfer categories (C61/C62/C63), Start-up Visa Work Work Permit (A77) C10, C11, bilateral agreement LMIA exempt codes based on nationality and profession, and so on.
Do you want to become a Permanent Resident in Canada? Our licensed consultants could assess your profile against +75 immigration programs across Canada. Get a FREE email assessment by filling out our form, click here.
Additionally, in order to qualify under the Federal Skilled Worker Program and/or Canadian Experience Class, at least one of the following conditions must be met:
OR
OR
Once you have obtained an LMIA with your name specified on it, update your Express Entry profile in your account with the
Do you want to become a Permanent Resident in Canada? Our licensed consultants could assess your profile against +75 immigration programs across Canada. Get a FREE email assessment by filling out our form, click here.
TEER 000 Positions Only There are six occupations in the NOC code system where you can claim 200 points in Express Entry. These are C-level positions, also known as NOC 00 or TEER 000, which include NOC 00010 to 00015, such as CEOs, Managing Directors, COOs, and other top-level executive roles. Positions NOC 00010 to 00011 are typically for government roles and are excluded from this context.
LMIA Processing Times Processing times will vary between 3 and 6 months, depending on the type of LMIA and the Canadian province where it is submitted.
Business Size Justification The structure and size of your company must justify a C-level executive position. Six to eight years ago, it was easier to claim these points even with only 1 or 2 staff members. Today, IRCC officers are trained to identify when a 200-point claim is not legitimate or justified. For example, if you only have 1-2 staff members, claiming to be a CEO or Managing Director is not plausible. A C-level executive position can only be justified in a company structure where the staff is managed by middle managers who report to the C-level executive position holder. To successfully demonstrate such a company structure, you need at least 4-6 staff members who report to at least one middle manager who, in turn, reports to the CEO or director of the company. Ideally, IRCC likes to see at least 8-10 staff members. Accordingly, the business must be able to demonstrate the financial capacity to afford a company structure consisting of staff, middle management, and senior executives. Accordingly, the executive LMIA option is not ideal for owners of small startup businesses.
Business owners applying under the Canadian Experience Class (CEC) should note that while they will be able to secure the 200 points for an executive offer of employment under CEC, they will not be able to claim any work experience points for any experience where they partially or completely owned the business. This is because self-employed work experiences do not count towards the work experience requirement under CEC.
Do you want to become a Permanent Resident in Canada? Our licensed consultants could assess your profile against +75 immigration programs across Canada. Get a FREE email assessment by filling out our form, click here.
While recent changes to the Start-Up Visa and PNP programs have made Canadian immigration more challenging, gaining an executive LMIA for 200 CRS points can provide a significant advantage. Aspiring immigrants should ensure their business structure and documentation meet IRCC requirements to maximize their chances of success. This process may seem overwhelming, but it’s essential to ensure that your application is logical and convincing to IRCC officers.
If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! Our team speaks over +9 languages, and we help applicants from over 50 different countries during their immigration process. Get a FREE email assessment, click here.
If you’re ready to apply and would like a 1-on-1 session with me or one of immigration team members at INGWE, you can also book a session directly using this consultation link.
