Live in Caregiver Program Eligibility - Immigration Law Firm

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Bahar's Blog about Immigration to Canada & USA
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Live in Caregiver Program Eligibility

Live in Caregiver Program Eligibility

What is a Live-in Caregiver?

Live-in Caregivers are those who are qualified to care for the elderly, for young children and/or for people with disabilities in private homes. If you are foreign worker and have experience as live-in caregiver then working in Canada may be a great opportunity for you. Many parents are looking for live in caregiver but unfortunately not enough caregivers in Canada to assist families. The Live in Caregiver Program was designed to fill in the gap for elderly and child care as part of the temporary foreign worker program. Read our blog to determine your eligibility to work as live in caregiver in Canada.

Live in Caregiver Eligibility Criteria

Unfortunately, not everyone is able to become a Live-in Caregiver; there are a series of requirements necessary in order to be eligible to take part in the Live-in Caregiver Program.

The necessary requirements include:

  • A positive Labour Market Impact Assessment (LMIA) from a Canadian employer

  • A formal signed contract between you and your future employer

  • Must have completed the equivalent of a Canadian secondary school education

  • Must have at least six months training

  • Must have at least one year of full time paid work experience as a caregiver or in a related field or occupation

  • Must have at least six months with one employer in the past three years

  • Must have good knowledge of English or French

  • Must have a work permit

Do Inadmissibility Issues affect my chances of becoming a Live-in Caregiver?

Yes, the Live-in Caregivers Program will also not accept your application if there is any inadmissibility issues prior to your application. There are many things that can make you inadmissible to Canada such having a criminal record, human rights violation, involved in an organized crime, having health or financial inadmissibility. If you have inadmissibility issue to Canada you may be eligible to apply for Criminal Rehabilitation to overcome it. Once you have overcome these inadmissibility issues you are now able to start working towards completing all of the necessary requirements in order to take part in the program.

Do I have any right as Live in Caregiver in Canada?

Under the labour laws in Canada as the live in caregiver you have legal rights to fair working conditions and fair treatment, so your employment contract cannot violate these rights. Your employment contract only protects your rights as an employee. So if you are displeased with your employer you have the right to leave your employer. The labour laws in Canada may cover your rights in areas such as paid vacation, days off each week, paid public holidays, overtime pay, minimum wage and maximum charges for room and board. Remember working conditions vary from province to province so check the labour laws in the province you will be working at.

Can I apply for Benefits if I got fired as Live in Caregiver?

If you lose your job while working as a Live-in Caregiver you may qualify apply for Employment Insurance benefits. The best way to do so is by contacting the Employment and Social Development of Canada in order to collect the benefits legally entitled to you. If you have yet to receive a Record of Employment then you can still apply for Employment Insurance benefits as your employer has the legal obligation to give it to you.

I quit my job as Live in Caregiver in Canada do I need to do anything?

If you quit your job while working as a Live-in Caregiver you need to request the following documentation so that you are able to work again in Canada:

  • A record of any overtime hours you worked; and

  • A record of employment (ROE) indicating the reason you left, hours you worked, gross earnings as well as any money paid or payable at the time you left your job.

Can I work for new Employer if I Quit or got Fired as Live in Caregiver?

I am getting abused by Live in Caregiver Employer

In almost all work situations communication and patience is enough to resolve any and all conflicts that may occur at the work place. If this is not the case and in fact you feel that you have been or are a victim of an abusive work placement that you may be eligible for the emergency processing of a new live-in caregiver program work permit so that the transition to a new employer will be as quick as possible. To confirm your eligibility for emergency processing of live-in caregiver work permits contact the Immigration, Refugees and Citizenship Canada (IRCC) call centre.

What Can I do if my Live in Caregiver Employer is not treating me Fairly?

As a foreign worker, your employment contract will explain to you what you are legally entitled to when it comes to working in Canada this goes over everything from hours of work, to wages to holiday and sick leave entitlements. If there are any questions you may have or if you feel as if your employer is treating you unfairly you contact employment labour laws nearest you for help. You can also call Akrami & Associates what your legal rights are as a foreign worker in Canada at 416-477-2545. Remember, filing a complaint against your employer does not harm you any way but rather determining your rights versus your employer rights.

As a live-in caregiver, can I go to my home country for a vacation?

Yes, you can return to your home country so long as you do not exceed the specified time on your employment contract without consent from your employer. If you do this, you are at risk of losing your job, and not being allowed in the country. If you come from non-visa exempt country ensure you have valid visa to re-enter Canada. If you end up staying outside of Canada for more than one year or if your work permit expires while you have left the country you must re-apply for the Live-in Caregiver program before you are able to return to the country.

Call Akrami & Associates

Like to work as a live in caregiver in Canada but not sure if you qualify? Or are you an employer and looking to hire a live in caregiver but not sure where to start? Whichever the case contact Akrami & Associates at 416-477-2545 to determine your eligibility as the employer and applicant. Live in Caregiver applications are often confusing and challenging to complete on your own, therefore consulting with an immigration expert is highly advisable prior to starting your application.

With Akrami & Associates there is always a way!!

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