TFWP Hiring a relative

[hleao]

Hello!

I'm an IT specialist, with a Canadian resident status. I'm about to start a startup and I'd like to sponsor and hire my sister (who is also an IT specialist outside Canada). I myself started in Canada as a temporary worker, so I'm well aware of how the process works. Does anyone know if there's any limitation on getting a temporary work visa for a relative? Or any limitation on number of employees before getting a LMIA, since it would be a start up and there would be only one other person working there, me.

I read all the guidelines and requirements and couldn't see anything that would prevent me to do that I wonder if anyone has ever heard of anything about a case like this?

Thanks!

 

[johnny123]

From what I know before being able to employ TFW the company needs to be established, as in be in the operation for at least a year, and needs to have more then 1 employee. Couldn't find written things about it, but I thought its sort of a practice what SC likes to see.

You as employer will have to prove that you were unable to find Canadians or Permanent Residents for the job vacancy, wanting to employ your relative is not a benefit, but can actually turn against you. Because nobody is privileged in TFW stream, and it would be pretty much obvious that you want to employ your sister, not to fullfill your job vacancy.

Maybe seniors can tell you more.

 

[zardoz]

Agreed. I think that you would find it extremely difficult to do what you are hoping for. Does your sister's country have a working holiday visa system that she would be eligible for?

 

[hleao]

Thanks for the answers!

From the official websites, the only requirement I could find was about the ratio of Temporary workers again Canadian workers. It has to be 10% at most, but they say it only applies for companies with over 10 employees. I couldn't find anything about if its a startup and basically the company is only me. I'm in Quebec and, although I still need a LMIA, apparently I'm free from having to provide proof that I could not find a local candidate if I want to hire a temporary in IT.

The minimum one year of establishment of the company for sure would be a problem, I will read more into that. If someone knows more about it, please tell me . But if that's the only limitation, I can plan myself to do it at the end of next year.

 

[hleao]

Also, hiring her would be a true necessity to go on with my plans. I'm not simply trying to find a loophole... I have very limited resources and I cannot find someone locally with her experience. On my last job we spent over 3 months trying to find a new programmer and in the end we had to hire one with no experience due to lack of options.

 

[beholder69]

You will see that you need T2 slips of the last year, along with business registration, provincial/municipal registration, in order to prove your company is active. Even after that, the officer might ask for a statement from a lawyer and ultimately it's up to them to decide whether to approve it or not.

In short it's a hassle but if you can postpone it a bit it would be better to do so, until you have all the necessary paperwork

 

[zardoz]

Also, hiring her would be a true necessity to go on with my plans. I'm not simply trying to find a loophole... I have very limited resources and I cannot find someone locally with her experience. On my last job we spent over 3 months trying to find a new programmer and in the end we had to hire one with no experience due to lack of options.

Don't forget that you will have to meet minimum wage levels based on NOC and location. How does this mesh with the "very limited resources"?

 

[hleao]

Yes, I can afford the minimum wage level requirement, 22$/hour as a programmer (2174) in Quebec. But, unfortunately, I can not find someone locally with equivalent experience for an equivalent salary.

Business registration and all other documents are in order, but I was not aware I needed the T2 slips from the previous year. I could not find that information on the cic or esdc web sites. I agree with beholder69, looks like it would be better to wait at least another year.

 

[scylla]

Yes, I can afford the minimum wage level requirement, 22$/hour as a programmer (2174) in Quebec. But, unfortunately, I can not find someone locally with equivalent experience for an equivalent salary.

Pretty sure you need to be willing to pay the median (not minimum) wage if you want the LMIA approved.

 

[zardoz]

Yes, I can afford the minimum wage level requirement, 22$/hour as a programmer (2174) in Quebec. But, unfortunately, I can not find someone locally with equivalent experience for an equivalent salary.

Business registration and all other documents are in order, but I was not aware I needed the T2 slips from the previous year. I could not find that information on the cic or esdc web sites. I agree with beholder69, looks like it would be better to wait at least another year.

And the rest... 2174 median wage in Quebec overall is $28.85. Depending on the region, it could be much higher. http://www.jobbank.gc.ca/LMI_report_bynoc.do?noc=2174&reportOption=wage

 

[hleao]

Pretty sure you need to be willing to pay the median (not minimum) wage if you want the LMIA approved.

Interesting.. I was considering the only requirement was being equal to or higher than the minimum.

 

[zardoz]

Interesting.. I was considering the only requirement was being equal to or higher than the minimum.

It may have been once upon a time, but with the massive backlash against the TFW programme, they changed the goalposts.