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Live in Caregiver Program (Sponsoring a nanny from Overseas)
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:
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:
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:
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:
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.
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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:
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:
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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E-mail to ABC Nannies Canada or call (604)560-2404 |
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