Switching work visa to a new company

Discussion of issues concerning temporary employment in Canada, or temporary entry for business activities.

Switching work visa to a new company

Postby infotsc on Mon Oct 31, 2011 3:20 pm

Here is my situation

I have been working on a work permit for a company in Canada for past 1 year.
Now i intend to join a new company which has just been setup. I will be one of the first employees. I am being hired as a process head for a new business they want to start.
Earlier i used to fall under Information technology exempt category for LMOA but seems that option is no more available.
I have few questions
a) How easy or hard it will be for a new corporation to get a LMOA for their first employee.
b) What scenarios for visas i have in case they offer me partnership in the firm. Do i still need to apply for a work permit or there is any other type of Visa.

thanks for the help.

Sam
infotsc
 
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Re: Switching work visa to a new company

Postby David on Wed Nov 02, 2011 10:47 am

There is no specific bar to a new company obtaining a Labour Market Opinion Confirmation. However, there is a certain level of credibility that is lost in these cases due to a lack of operational history and a lack of Canadian employees. The support of a clear business plan would benefit such an application, as well as evidence that the employment of the foreign worker will lead directly to the creation of employment for Canadians. Beyond this, the discretion of the official will play a significant factor in a case such as this.

If you are a shareholding partner of the company, then there are potential advantages, some of which will depend on your nationality (e.g., programs such as NAFTA Investor would rely on citizenship of a party nation for eligibility). LMO provisions for owner/operators exist, although the basic premise for eligibility would likely be the same as stated above. Also, the provisions of Significant Benefit to Canada could apply, although these are typically somewhat restrictive.
David
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