TEN STEPS TO APPLYING FOR AN IN HOME CAREGIVER
Immigration Newsweek
By Atty. Henry Moyal
There is a misconception that the caregiver program is no longer active. There are many people who think that caregivers are no longer able to come to Canada to work ( and then apply for permanent residence after two years of working).
This is simply false. While it is true that the old live-in caregiver program no longer exists, an applicant can still come to Canada as an in-home (live out) caregiver and then apply for permanent residence under the caring for children pathway or high medical needs pathway. It is basically the same result but with a few procedural changes. Let’s not forget that in the 1990’s the program was called the Foreign Domestic Program (FDM). Decades later the FDM was morphed into the live in caregiver program or LICP. In November 2014, the federal minister cancelled the LCIP and announced that all applicants must obtain an LMIA (labour market impact assessment) like all other occupations and then obtain permanent residence after working in Canada for 24 months. An applicant could obtain permanent residence if they cared for children ( children pathway) or taking care of elderly ( high medical needs pathway). As well, the requirement that workers be “live in” was cancelled.
As such, the first step is to obtain an LMIA from Service Canada. The following are the ten key steps to success:
Exemption: Families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee. Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.
Employers must pay $1,000 for each position requested to cover the cost of processing a Labour Market Impact Assessment (LMIA) application.
English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.
Individuals hiring a foreign caregiver are considered employers and must obtain a business number (BN) from the Canada Revenue Agency
Employers must provide proof that they or a dependant is in need of care.
To hire a foreign in-home caregiver, employers must demonstrate their financial ability to pay the caregiver’s wages. Employers must submit a copy of their Notice of Assessment from the CRA with their LMIA application.
Employers of in-home caregivers must always pay for the transportation costs (for example, plane, train, boat, car, bus) of the caregiver to the work location in Canada. These costs must be paid up-front to ensure that they are not part of any negotiations related to the employment contract. This process helps protect temporary foreign workers, who may be tempted to accept alternative travel arrangements in return for a job offer.
7. Housing
Employers cannot require a caregiver to live in their home. However, if an employer and foreign caregiver decide that a live-in arrangement is the most suitable, for the needs of the person requiring care or to assist the TFW, then no amount can charged to the worker for room and board.
All employers of in-home caregivers must prepare and sign an employment contract.
9. Advertising and Efforts of Recruitment
Employers must conduct at least three different recruitment activities. One must be the Government of Canada’s Job Bank. The other two must be other methods that are consistent with the occupation being offered and targets a different underrepresented group.
10. Wages:
Employers applying for an LMIA must pay the worker at a minimum, the posted prevailing wage (median hourly wage) for the occupation and work location where the worker will be employed. For example, in the city of Toronto the wage for a nanny is $14 per hour.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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