Are you looking to work in Canada as a caregiver? Do you have an employer who is willing to hire you and you want to learn more about what you and your employer will need to do before you can work for them? On this blog, we will discuss Canada Immigration’s Live-in Caregiver program, the eligibility requirements, application process and some of the duties and responsibilities of both employers and applicants in this type of applications.
The Live-in Caregiver program is one of the programs under Canada immigration’s Temporary Foreign Worker program. Under the program, employers can hire temporary foreign workers who are caregivers to care for the elderly, children and persons with medical needs.
There are two categories under the Live-in Caregiver program:
1. Caregivers for children, where children mean persons under the age of 18
2. Caregivers for people with high medical needs, and this category includes elderly persons 65 years of age or over, and persons with disabilities and terminal illness.
Both the employer and the foreign worker being hired must meet certain eligibility requirements. In the case of the employer, they must submit and be issued a positive Labour Market Impact Assessment, which is an opinion about the impact hiring a temporary foreign worker will have on the Canadian economy.
Once issued a positive Labour Market Impact Assessment, only then can the employer make the offer to the foreign worker. The foreign worker can then use the job offer to apply for a closed work permit, which is a document that only allows the foreign worker to work for that employer and no other employer.
There have been some recent changes under the program. For example, employers can no longer require for caregivers to live in their home. If the caregiver agrees to live in the home of the employer, they cannot deduct cost of living in the home from their pay.
As stated above, the employer will need to apply for a Labour Market Impact Assessment. Depending on the position type, the employer can apply for the Labour Market Impact Assessment either through the high wage earner position stream or the low-wage earner position stream.
The employer will be required to undertake recruitment and advertisement efforts to find a qualified caregiver who is a Canadian or permanent resident. It is important that the process for recruitment and advertisement meets the requirements of the stream that the application is being submitted under.
Employers must meet certain requirements under the program, and it is important to know what these requirements are. First, the employer may be required to pay a $1000.00CAD processing fee to cover processing costs for the Labour Market Impact Assessment. This fee must be covered by the employer and cannot be recovered from the foreign worker.
The employer cannot have language restrictions as part of the job requirements, unless they can show that languages other than English or French is required for the job. Relating to language, the employer has the responsibility to ensure that the caregiver speaks, reads and understand English or French.
In addition to the above, the employer must comply with provincial labour laws and meet specific employment standards relating to hours of work, working conditions and termination of employment.
After being issued a positive Labour Market Impact Assessment, the employer will be issued a letter that will confirm that their application was approved. The letter will provide details about the job offer, including the wage to be paid, working conditions and occupations.
The employer will be required to give a copy of the letter to the temporary foreign worker and ask the temporary foreign worker to apply for a work permit.
Once the foreign temporary worker is given a copy of the letter showing a positive Labour Market Impact Assessment, then they can apply to CIC for a work permit. If approved, the work permit will be a closed work permit and what this means is that the temporary foreign worker can only work for that employer. The permit will be issued for a specified period. Once approved, you can travel to Canada to work for your employer and work for the duration of your permit’s validity. If your employer would like for you to work longer than the validity of the permit, they will need to submit a new LMIA no later than four months before the work permit expires.
At Akrami & Associates, we have the experience to address some of the most complex immigration cases that our clients face. We have assisted many employers seeking to hire live-in caregivers through the temporary foreign worker program, with success. The application process can be quite lengthy and somewhat complicated, but you can be rest assured our experts can get the job done, and on time. If you have any questions about the Live-in Caregiver program, including questions about the eligibility requirements and how to get started, give us a call at 416-477-2545 to book a consultation. At Akrami & Associates, there is always a way.