Hiring Family Members Using an LMIA
If you own a business and have a hard-to-fill position in Canada, and you have a family member outside Canada with the needed skills, you may be able to hire them using an LMIA (Labour Market Impact Assessment). However, your LMIA application must be very thorough.
No Specific Restrictions
There are no specific restrictions preventing you from hiring a family member when filing an LMIA application. The main issue is not whether the person you want to hire is a family member, but whether the position is specialized or difficult to fill with a Canadian worker.
Understanding LMIA
An LMIA is required for an employer to get approval from the Canadian authorities before offering a job to a foreign national. This approval comes in the form of a positive LMIA. While there are some LMIA exemptions, generally, a Canadian employer must get government approval before hiring a foreign national.
Filling Hard-to-Fill Positions
If you own a business and struggle to find someone in Canada to fill a role, you may include submissions for a foreign national in your LMIA application. It does not matter if the foreign national is a family member, as long as they have the required skills. You must prove to the immigration authorities that you have been unable to find a suitably qualified Canadian for the role.
Ensuring a Genuine Effort
You must show that you’ve made genuine efforts to find a candidate within Canada. This includes advertising the role, interviewing candidates, and proving that no suitable Canadian candidate was found. When a family member is involved, it is advisable to go beyond the minimum requirements, such as advertising on more than three job sites. Transparency about your efforts is key to satisfying the immigration officer assessing your application that there is a legitimate challenge within the Canadian labour market to find a candidate with the necessary skills.
Conclusion
In summary, if you can show that you have made a genuine effort to hire within Canada and the foreign national is the best fit for the role, your chances of success with an LMIA application are as good as if the candidate were not a family member. The family relationship itself does not stop you from attempting to hire them through the LMIA process. Thorough documentation and a transparent approach will significantly enhance your chances of approval.
