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Are you looking to temporarily immigrate to Canada to take care of children or take of someone who has high medical needs as a live in caregiver? If the answer to this is yes, then look no further than the live in caregiver work permit. The live in caregiver work permit allows you to take care of the person you are applying to care give for. There are two classes under the live in caregiver work permit that you can apply for and they are:
There are certain requirements that must be met by you and the employer to receive the live-in caregiver work permit. These requirements are:
There is certain documentation that you must include in your application to present to the officer assessing your application and they are:
The employer will need to obtain a positive labour market impact assessment (LMIA) from the ESDC (Employment and Social Development Canada). The employer will need to demonstrate that previous attempts were made to hire local candidates, there is a need for the foreign worker, and that hiring the foreign worker will not negatively impact the Canadian labour market. In the labour market impact assessment, the following must be included:
In the employment contract, things like job duties, pay, compulsory and optional benefits, how you will arrive in Canada, whether or not you will live in, if you are living in then it must be included that you will not be paying for room and/or board, and your employer’s responsibilities towards you must also be included.
In the agreement all these or additional terms should be covered because the officer can deny your application if this is not the case. A legal representative can assist in preparing the employment contract.
It is at the officer’s discretion to permit or deny you entry to Canada. Thus you should present a strong application knowing all the laws and rules governing the Live-in Caregiver Work Permit. In addition if they found you inadmissible to Canada (i.e. criminally, medically, non-compliance, etc.) then they have the authority to deny you.
On November 30th, 2014 there were many controversial changes made to the live in caregiver program. Some of the changes made it harder to obtain the live in caregiver work permit as well as permanent residency in Canada. The changes made to the live in caregiver program are:
Before the live in caregiver changes, it was more specific you could live in caregive for children, seniors, and those with disabilities. You could also apply for permanent residency after 2 years as a live in caregiver and education requirement was to have complete high school (secondary education) or the equivalent.
For the caring for children class, within four years and having spent two years as a caregiver you can apply for permanent residency within Canada. This is the same for caring for people with high medical needs but the two years must be either as higher skilled occupations which are: nurses (NOC code 3152), nurse aid (NOC 3413), and lower skilled occupations which are: home support worker (NOC code 6471), or licensed practical nurse (NOC code 3233). You must also meet language test requirements. The Canadian level benchmark can be 5 or 7 depending on the occupation. For higher skilled occupations, it is mostly 7. You also must have completed one year of post-secondary education in Canada or its equivalent in your foreign country.
If you are the employer or employee, it is highly advisable to consult with a legal expert. They can help you prepare the LMIA which is a rather extensive process, help with the employment contract and present a strong application. It can further increase your chances of acceptance.
There have been many changes to the live in caregiver program and understanding them can be difficult but at the same time it is really important to understand it. Our experienced team of individuals, Akrami and Associates understand the live in caregiver program. As a result, we have helped many workers and employers in obtaining the live in caregiver work permit under the new changes and we can help you too. Feel free to give us a call today at (416) 477-2545 or toll free at 1-877-820-7121 today if you have any questions, would like to seek further clarification, or would like to book a consultation with one of our legal representatives to go over your matter in more detail and in depth. We will be there with you every step of the way.
We also have Do it Yourself Immigration Kits available on the live in caregiver work permit. These kits are great for you if you are looking for financially cheaper guidance, looking to file the application on your own, etc. We also offer a final review on your application by one of our legal representatives as well as a consultation in the elite bundle with these kits that come at an extra affordable cost. Contact our firm for more details.
With Akrami and Associates, there is always a way!