In this special case, according to immigration attorneys, Brownstein & Brownstein of Montreal, the employer need not satisfy Canada Manpower (the government employment agency) that the hiring of this relative will adversely affect employment opportunities for Canadian citizens.

Approval of this job offer by Canada Manpower enables the applicant to receive 10 points under the Arranged Employment category for independent applicants.

Says Brownstein: "In permitting this procedure, the Canadian Government recognises that the success of family businesses in Canada are due in part to the trust that exists among family members and to their commitment to the family business. It is therefore logical that a relative should be chosen to fulfil a position of trust in the family business.

The applicant still has to go through the interview process at a visa office abroad, but under this programme the applicant need only receive 65 points and not 70 points as he is being sponsored by a relative and The applicant also receives 10 points for the occupational factor even though his occupation may not appear on the occupation list which outlines jobs that are in demand in Canada.

Further, the applicant need not have actual experience in the business concerned, but only the necessary work experience and aptitudes to indicate that he would be able to successfully fulfil the position.

"For example," says Brownstein, "a university graduate with some work experience could be expected to successfully fulfil a position as a manager of a grocery store even though he may never have worked in such a portion in his home country. The requirements of English or French may not be required depending on the position. In the event that the family position being offered is one of a Chinese restaurant cook, little need for knowledge of English or French may be required."

The family, however, must be able to show that the job offer is bona fide and that it will continue on a permanent basis and wages and working conditions must be normal for the occupation and the area in which the family business is located.

There also must be an aspect to the job which clearly makes a relative a logical and common sense choice for the position. There may be a situation where the employer is expanding opening a second outlet, whereby the relative will be the manager of new outlet.

Immigrants also have to pass the usual medical and criminal security checks.

Legal Services		Immigration Services