Live in Caregiver Program

 

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Live in Caregiver Program (Sponsoring a nanny from Overseas)
The Live-in Caregiver Program is administered jointly by Human Resources Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC). HRSDC assesses and validates offers of employment to foreign workers. CIC ensures that potential candidates meet the established criteria for the Live-in Caregiver Program and issues employment authorizations which permit foreign workers to be employed in Canada. Foreign Workers may come to Canada to provide unsupervised care for children, elderly adults or persons with disabilities in private households. The Live-in Caregiver Program exists to help meet the shortage of Canadian workers and permanent residents available for live-in care.


Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. Live-in caregivers must live in the private home where they work in Canada.

Both the employer and the employee must follow several steps to meet the requirements of the Live-In Caregiver Program.

To hire a live-in caregiver, you must:

  • have sufficient income to pay a live-in caregiver
  • provide acceptable accommodation in your home, and
  • make a job offer that has primary caregiving duties for a child or an elderly or disabled person. (A job offer for a housecleaner, for example, is not acceptable under the Program.)

Caregivers will be carefully screened by a Citizenship and Immigration Canada (CIC) visa officer before they enter Canada. They must meet the eligibility requirements of the Live-in Caregiver Program. These include:

  • education
  • training or experience
  • the ability to understand English or French so that they can function on their own in an unsupervised setting
  • passing medical, security and criminal clearances, and
  • a formal signed contract with an employer.

CIC will determine if the employment contract is valid and if the caregiver receives a work permit.

You may be asked to show that you can provide the wages, benefits and working conditions required by provincial or territorial labour laws.

Advertisement and Recruitment Efforts Required for Live in Caregivers.

You will be considered to have conducted the minimum recruitment efforts required if you undertake the two following activities, ABC Nannies will conduct this on your behalf when you decide to hire a nanny using our services:

  1. Advertise on the national Job Bank (or the equivalent in Saskatchewan, Quebec or the Northwest Territories) for a minimum of 14 calendar days; and
  2. Conduct similar recruitment activities consistent with the practice within the occupation for a minimum of 14 calendar days. For example, advertisement could be on recognized Internet job sites, in local and regional newspapers, in ethnic newspapers and Internet sites, at community resource centres (Aboriginal and newcomers) and local regional employment centres.

Both of the advertisement activities mentioned above must take place a maximum of (three) 3 months before the date you apply for a LMO.

The advertisement must include:

  • Title: Live-in caregiver (include for a senior, child or person with disability)
  • Terms of employment: Full-time and live-in
  • Salary: Wage being offered
  • Location: Community/neighbourhood location or major intersection
  • Skills requirements:
    • Education: Secondary school or equivalent
    • Experience: At least one year of full-time experience during the past three years
    • Work setting: Private home
    • Work location information: Reside in private household for duration of employment; private accommodations will be provided; amount of room and board charged (if applicable)
  • Employer's name must be included in the advertisement; it can be a first name only (not necessarily the full name). It cannot be the name of an agency or third-party representative
  • How to apply: Must include your telephone number.

When you apply for a Labour Market Opinion, you must demonstrate that you meet the advertising requirements by providing proof of advertisement and the results of your efforts to recruit Canadians or permanent residents with your application (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of your efforts should be kept for a minimum of six years, as stipulated in other federal and provincial legislations, such as the Income Tax Act.

HRSDC/SC reserve the right to require alternative or additional advertising efforts (i.e., increased duration (length of time) or broader advertisement (whether local, regional, or national)) if, in an officer judgment, additional efforts would yield qualified Canadian citizens or permanent residents who are available to work.

 

     

 
Canadian employers

Can I fire an incompetent employee?

Yes. If an employee does not carry out the duties agreed to in the contract, you can give the employee the required notice or pay in lieu of notice.

Am I responsible if my employee becomes sick, has an accident, is hospitalized or needs home recovery?

Your employee is entitled to sick leave as specified in provincial or territorial legislation. Do not force your employee to work if he or she is ill. Your employee should be covered under the required health or workers’ compensation plan of the province or territory of work. Your responsibility depends on the coverage provided under these plans. Your employee may also be eligible to collect Employment Insurance sickness benefits.

Can a potential employer in Canada or an applicant outside Canada appeal the decision on a work permit application?

Under Canada’s Immigration and Refugee Protection Act, there is no formal right of appeal on temporary resident visa decisions. Instead, applicants can reapply and, whenever possible, a different visa officer will examine the application.

Applicants can also ask for a judicial review through the Federal Court of Canada, if they think the process was not legally or procedurally fair. A lawyer in Canada would act on their behalf.

Your responsibilities as an employer

You must provide:

  • acceptable working conditions
  • reasonable duties
  • fair market wages
  • private accommodation, such as a room with a lock on the door, and
  • a key to the house so that they have free access.

Your caregiver pays rent for a room in your home and is entitled to privacy. You should not enter the caregiver’s room without permission. Your house is your employee’s home as well as his or her workplace. You should respect the caregiver’s cultural or religious practices and discuss his or her needs.

A live-in caregiver is protected by employment standards legislation in most provinces and territories. For instance, they are entitled to:

  • days off each week
  • statutory holidays
  • extra pay for overtime work, and
  • a salary that meets at least the minimum wage.

It is your responsibility to find out what these standards are and to respect the laws of your province or territory. For more information, see Provincial and territorial labour standards in the Related Links section at the bottom of this page.







 
 
 
 
 
 

 


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