HELP for LMIA for (NOC 44101) | Borderline Income ($85k) | Need "Officer Perspective" on Red Flags

[Mitchyzinc]

Hi everyone,

I’ve just started the LMIA process for my 62-year-old widowed mother. I’m feeling overwhelmed because I know my case isn't "textbook." I’d love input from anyone who has navigated a family hire or from RCICs who know how Toronto officers are currently moving.

The Situation:

• Recipients: My mom (62) has severe clinical anxiety/mental health issues. I have the medical form signed by her doctor confirming she needs a caregiver.
• Candidate: My relative. She is already in Canada on a PGWP (expiring soon). She will be living with us.
• My Profile: I work rotating shifts (days/nights). My income is $85k estimate for 2025, 2024 is low and I dont have co-employer.

The "Red Flags" I’m worried about:

1. The Income Gap: For a household of 3 (Me, Mom, relative), I’ve heard LICO is tight. whats the least amount of income? if no co employers- what are other workarounds?
2. Job Duties Scrutiny: How strict is ESDC on the Job Bank duties? Does it need to be more clinical (medication monitoring, crisis support) since the patient has mental health issues? Are there something I should be informed on what to add in my job post?
3. The "relative" Factor: Since it’s a relative, does she actually need to apply through the Job Bank post like a stranger? How do I document that I interviewed others but "legally" chose her without looking like I'm just trying to save her PGWP?

Thanks in Advance.

 

[Naturgrl]

Hi everyone,

I’ve just started the LMIA process for my 62-year-old widowed mother. I’m feeling overwhelmed because I know my case isn't "textbook." I’d love input from anyone who has navigated a family hire or from RCICs who know how Toronto officers are currently moving.

The Situation:

• Recipients: My mom (62) has severe clinical anxiety/mental health issues. I have the medical form signed by her doctor confirming she needs a caregiver.
• Candidate: My relative. She is already in Canada on a PGWP (expiring soon). She will be living with us.
• My Profile: I work rotating shifts (days/nights). My income is $85k estimate for 2025, 2024 is low and I dont have co-employer.

The "Red Flags" I’m worried about:

1. The Income Gap: For a household of 3 (Me, Mom, relative), I’ve heard LICO is tight. whats the least amount of income? if no co employers- what are other workarounds?
2. Job Duties Scrutiny: How strict is ESDC on the Job Bank duties? Does it need to be more clinical (medication monitoring, crisis support) since the patient has mental health issues? Are there something I should be informed on what to add in my job post?
3. The "relative" Factor: Since it’s a relative, does she actually need to apply through the Job Bank post like a stranger? How do I document that I interviewed others but "legally" chose her without looking like I'm just trying to save her PGWP?

Thanks in Advance.

So you are single? How long has she posted the job on job bank and other sites to prove no Canadian or PR has applied? What is the wage? She has proof that she requires 24/7 care, and has current care. She is Canadian citizen or PR? You are not a household of 3 as your mother is not part of the household. She shows her ability to hire a caregiver with her income.

1. She shows her income if hiring. She is 62.
2. Strict.
3. hiring a relative is always an issue. She shows she has the education, work experience and language skills above all others.

 

[canuck78]

1. 85k is not enough to hire a full-time caregiver. A caregiver would have to be paid 35-40k/year approximately so unless you or your mother have significant savings that won’t impact things like retirement then you can’t afford to pay someone 40k on your salary.
Does she currently have a caregiver? If her mental health issues are not new then you would be replacing an existing caregiver not creating a new job.
3. Trying to hire a relative is always a red flag but the fact that her PGWP is expiring and likely has no pathway to PR is another red flag.

 

[Mitchyzinc]

So you are single? How long has she posted the job on job bank and other sites to prove no Canadian or PR has applied? What is the wage? She has proof that she requires 24/7 care, and has current care. She is Canadian citizen or PR? You are not a household of 3 as your mother is not part of the household. She shows her ability to hire a caregiver with her income.

1. She shows her income if hiring. She is 62.
2. Strict.
3. hiring a relative is always an issue. She shows she has the education, work experience and language skills above all others.

Yes, Im single. Im the employer for my mom's caregiver. Mom is PR under PGP. Im Canadian.
Its posted for weeks now through job bank and indeed. wage is 21 as per the median wage in TO.
how do I determine who is counted towards the household?

 

[Mitchyzinc]

1. 85k is not enough to hire a full-time caregiver. A caregiver would have to be paid 35-40k/year approximately so unless you or your mother have significant savings that won’t impact things like retirement then you can’t afford to pay someone 40k on your salary.
Does she currently have a caregiver? If her mental health issues are not new then you would be replacing an existing caregiver not creating a new job.
3. Trying to hire a relative is always a red flag but the fact that her PGWP is expiring and likely has no pathway to PR is another red flag.

she does have personal savings but no work here, she's not adjusting well thus she cant work. Im her caregiver, she lives with me. my relative helps me too most of the time. like what I said, my application is not textbook and hoping an officer will understand my case and be more compassionate. asking for inputs or other workarounds.

 

[canuck78]

she does have personal savings but no work here, she's not adjusting well thus she cant work. Im her caregiver, she lives with me. my relative helps me too most of the time. like what I said, my application is not textbook and hoping an officer will understand my case and be more compassionate. asking for inputs or other workarounds.

Unless you have significant savings you don’t make enough. How would you afford the ~40k annual salary if you make 85k (before taxes)? If she needs a full-time caregiver how did she pass the medical for PGP?

 

[Naturgrl]

she does have personal savings but no work here, she's not adjusting well thus she cant work. Im her caregiver, she lives with me. my relative helps me too most of the time. like what I said, my application is not textbook and hoping an officer will understand my case and be more compassionate. asking for inputs or other workarounds.

$21 per hour is $43k per year so how can you live paying that salary? This is not about compassion but about showing you can afford a caregiver. Your mother is 62 so unless you have POA and she is incapacitated then she shows she can afford it. She is the employer as she is only 62. All the best as you move forward.

 

[Copingwithlife]

she does have personal savings but no work here, she's not adjusting well thus she cant work. Im her caregiver, she lives with me. my relative helps me too most of the time. like what I said, my application is not textbook and hoping an officer will understand my case and be more compassionate. asking for inputs or other workarounds.

I said, my application is not textbook and hoping an officer will understand my case and be more compassionate. asking for inputs or other workarounds.”

It doesn’t work like that . The officer has to follow the rules has nothing to do with being compassionate
You have so many red flags going on here

 

[Mitchyzinc]

I said, my application is not textbook and hoping an officer will understand my case and be more compassionate. asking for inputs or other workarounds.”

It doesn’t work like that . The officer has to follow the rules has nothing to do with being compassionate
You have so many red flags going on here

I know how the system works. If it were just about a checklist, then half of the applications would not be approved. I’m looking for a strategy. thats why I posted this and hoping any of you experts has some inputs. Every case has nuances and 'textbook' isn't the only way people get in. looking for actual advice on how to bridge the gaps with secondary proof.

 

[Naturgrl]

I know how the system works. If it were just about a checklist, then half of the applications would not be approved. I’m looking for a strategy. thats why I posted this and hoping any of you experts has some inputs. Every case has nuances and 'textbook' isn't the only way people get in. looking for actual advice on how to bridge the gaps with secondary proof.

1. Your mother is the employer unless you have POA and she is incapacitated to make her own decisions. She needs to prove she needs full time care and cannot care for herself (dress, feed, cook).
2. Funds - your salary is not high enough to support a full time worker at $43k per year.
3. Hiring a family member is always problematic. It is why IRCC has most likely paused the caregiver program as most try to hire a family member.
4. Relative - assume she has the education and work experience to do the job
5. When did you apply for LMIA? It could take a long time to be approved. Then relative applies for a closed work permit.

 

[Mitchyzinc]

1. Your mother is the employer unless you have POA and she is incapacitated to make her own decisions. She needs to prove she needs full time care and cannot care for herself (dress, feed, cook).
2. Funds - your salary is not high enough to support a full time worker at $43k per year.
3. Hiring a family member is always problematic. It is why IRCC has most likely paused the caregiver program as most try to hire a family member.
4. Relative - assume she has the education and work experience to do the job
5. When did you apply for LMIA? It could take a long time to be approved. Then relative applies for a closed work permit.

1. Your mother is the employer unless you have POA and she is incapacitated to make her own decisions. She needs to prove she needs full time care and cannot care for herself (dress, feed, cook). - Okay gotcha, I didnt know part in the process. I only have a note from the doctor and the docment that he agress my mom needs a caregiver.
2. Funds - your salary is not high enough to support a full time worker at $43k per year. - Im trying to see if I can support it with my savings
3. Hiring a family member is always problematic. It is why IRCC has most likely paused the caregiver program as most try to hire a family member. - I thought its on hold coz of the demand and backlog. they are encouraging family members tbh.
4. Relative - assume she has the education and work experience to do the job - yes, she does
5. When did you apply for LMIA? It could take a long time to be approved. Then relative applies for a closed work permit. - I have not applied LMIA yet, still in the job bank phase

 

[Copingwithlife]

1. Your mother is the employer unless you have POA and she is incapacitated to make her own decisions. She needs to prove she needs full time care and cannot care for herself (dress, feed, cook). - Okay gotcha, I didnt know part in the process. I only have a note from the doctor and the docment that he agress my mom needs a caregiver.
2. Funds - your salary is not high enough to support a full time worker at $43k per year. - Im trying to see if I can support it with my savings
3. Hiring a family member is always problematic. It is why IRCC has most likely paused the caregiver program as most try to hire a family member. - I thought its on hold coz of the demand and backlog. they are encouraging family members tbh.
4. Relative - assume she has the education and work experience to do the job - yes, she does
5. When did you apply for LMIA? It could take a long time to be approved. Then relative applies for a closed work permit. - I have not applied LMIA yet, still in the job bank phase

Bear in mind you’re also responsible for all payroll taxes on that money paid for the salary
CPP, EI, Federal Provincial Tax, WSIB in Ontario and comparable legislation in other provinces

I don’t think people fully comprehend how much payroll taxes actually cost .
And you the employer are responsible for these . There’s no “ compassion “ for non compliance. You don’t pay them , the Government will drain your bank account

I dealt with employers everyday who couldn’t pay the payroll taxes for their caregiver
Government has zero tolerance and they will freeze bank accounts, garnish wages and you can’t do anything about it