LMIA and Live in Caregivers - Immigration Law Firm

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Bahar's Blog about Immigration to Canada & USA
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LMIA and Live in Caregivers

LMIA and Live in Caregivers

Hiring a Temporary Foreign Worker

Under the current Temporary Foreign Worker Program, families/private households can be employers and can hire a foreign caregiver in a full-time capacity. The foreign caregiver can work in the household on a live-out or live-in basis, and they are processed as part of the temporary foreign worker stream.

If you wish to hire a temporary foreign worker as an in-home caregiver, you (as the employer) will first need to obtain a Labour Market Impact Assessment (LMIA). The following is some information about LMIAs and in-home caregivers.

Types of In-home Caregivers

LMIAs can be obtained for two different types of in-home caregivers

  1. Caregivers for children under 18 years of age

    1. Example positions: Babysitters, Nannies, Parents’ helpers, Child caregiver, etc.

  2. Caregivers for people with high medical needs

    1. Such as elderly persons who are 65 years of age or over, or

    2. People who have disabilities, with a chronic or terminal illness

    3. Example positions: Registered Nurse, Health care aide, Orderly, Patient care aide, Health care attendant, Special care aide, Housekeeper, Personal support worker, etc.

Please note that the above example positions are not an exhaustive list of eligible caregiver positions.

Temporary foreign workers who are caregivers in Canada may later be eligible for permanent residency.

Requirements to hire an In-home Caregiver

An employer who wishes to hire a temporary foreign worker as an in-home caregiver should give consideration to the following before submitting an LMIA application:

Requirements for the prospective Caregiver:

The employer must:

  • Ensure that the prospective caregiver speaks, reads, and understands English or French proficiently to effectively perform their job duties

  • Ensure that the prospective caregiver have the training, qualifications, and experience necessary to perform their job duties

    • For example, if an employer is hiring a caregiver in a higher-skilled position such as a Registered nurse, the employer will need to satisfy himself/herself that the prospective caregiver has the appropriate post-secondary degree

  • If the caregiver works in a regulated occupation, the employer should ensure that the prospective caregiver will be able to obtain certification, registration, or licensure

Requirements for the Employer

  • Provide proof that a dependant (such as a child or person with high medical needs) actually requires in-home care

  • If necessary, provide a valid Power of Attorney

  • Provide proof of recent recruitment and advertising efforts to Canadians and permanent residents, through multiple methods, for a sufficient period of time

  • Provide an employment contract that is signed by both the employer and the prospective caregiver

Wages and Working Conditions

  • Show that you, as the employer, can afford to pay the prospective caregiver an appropriate wage

  • Transportation costs that may have to be paid on behalf of the prospective in-home caregiver

  • Appropriate living arrangements must be made, depending on whether the prospective caregiver is working on a live-in or live-out basis

  • The employer may have to pay for the prospective caregiver’s health insurance and workplace safety insurance coverage

  • The caregiver’s working conditions must meet provincial labour and employment standards;

  • Obtain a business number from Canada Revenue Agency

  • Have the processing fee ready ($1,000 per position)

Please note that the above is only general information. Importantly, depending on the wage that is offered for the position, temporary foreign worker caregivers fall either into the high-wage stream or the low-wage stream. The program requirements differ slightly depending on which stream the caregiver falls into. We recommend that you call our office to speak with us about your specific situation.

Applying for an LMIA for an In-home Caregiver

The employer must submit the appropriate forms, supporting documentation, and fee(s) to Service Canada in order to apply for an LMIA.

Notably, there are slight variations in the application process depending on which province the prospective caregiver’s position is located in. For example, employers located in Manitoba will have to apply for a Certificate of Registration with Manitoba’s Employment Standards Branch before submitting the LMIA application, but there is no such requirement for employers in Ontario. Again, we recommend that you call our office to speak with us about your specific situation to receive the best advice.

How long does it take for Service Canada to process an LMIA application and issue a result?

Unfortunately, there are no fixed processing times for LMIA applications. The application could be processed within a few weeks, or it could be processed within a few months. LMIA applications are processed across Canada depending on the stream and work location, and the processing times vary accordingly.

However, some applications may be processed within 10 business days if it falls within one of the following categories:

  • Highest-demand occupations – Skilled trades on the eligible list of occupations and the prevailing wage of the occupation is at or above the provincial/territorial median hourly wage

  • Highest-paid occupations – Occupations where the prevailing wage in the region the job is located, is at or above 10% of wages in the entire province/territory

  • Short-duration work periods – The period of employment is for less than 120 days and the prevailing wage of the occupation is at or above the provincial/territorial median hourly wage

How long is the LMIA valid for?

After the employer submits an LMIA application and receives a positive result, the temporary foreign worker must then complete and submit a work permit application. Please note that the temporary foreign worker’s work permit application is separate from the LMIA application.

Each LMIA has an expiry date. Generally, the work permit application must be received by CIC (Citizenship and Immigration Canada) or CBSA (Canada Border Services Agency) before this date. Any work permit applications received after the LMIA expiry date will be refused, and the prospective temporary foreign worker will not be able to work for the employer. This is because once an LMIA is expired, it can no longer be used to support a work permit application. In this case, a new LMIA application, and subsequently if a positive LMIA is issued, a new work permit application will need to be submitted.

Contact Akrami & Associates

Documentation is very crucial for immigration under the Live-in Caregiver Program. The work permit for under the program depends heavily on the contents of the employment contract. This program also entails a lot of responsibilities on the employer and the caregiver. We have helped hundreds of clients through this program. We can help you too. Whether you have a question, or are looking to book a consultation in person or over the phone with one of our representatives, feel free to give us a call today at 416-477-2545 or toll free at 1-877-820-7121.

With Akrami & Associates there is always a way!!

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