Live-in-Caregivers Program

Live-in-Caregivers Program

This program helps caregivers to apply for permanent residence or work temporarily in Canada. This program enables the hiring of skilled foreign nationals as caretaker or nanny by Canadian citizens.

June 18, 2019 (Update)
Previous Pilot Program (now closed) New Pilot Program
Caring for Children Home Childcare Provider
Caring for people with high medical needs Home Support Worker Pilot

 

Home Childcare Provider and Home Support Worker Pilot program

As a caregiver, you can either apply to Home Childcare Provider or Home Support Worker Pilot program if:

  1. You have a valid job offer
  2. You can prove that you can do your job
  3. You meet the language level terms of the program
  4. You have an education level that is on par with Canada’s Education System.
  5. You meet the terms to apply for Canada PR.
  6. You are not planning to live in Quebec but any other province in Canada.

 

You have a valid job offer

You can apply under the new pilot programs if you have a valid and real job offer. Your job offer must have:

  1. You have a valid work agreement that bears your and your employer’s signature.
  2. You should have a job offer which is fulltime in nature.
  3. Your job must be a paid job and for a min of 30hours in a week.
  4. Your job offer needs to come from a Canadian employer.
  5. Your job offer can not be from an embassy, high commission or consulate.
  6. Your job offer must be from any province in Canada other than Quebec.
  7. You can only work in a job where the employer could not hire a Canadian citizen or permanent resident.

Your job offer has to be for a job that comes under Canada’s National Occupation Classification (NOC) Skill Level.

 

NOC 4411 – Home Child Care Provider

Under this level:

  1. You must take care of children who are under the age of 18. You can do this either in your own home or at the house of your employer.
  2. To qualify you do not have to live in the house of your employer.
  3. Your work experience as a foster parent will not count.

 

NOC 4412 – Home Support Worker

Under this level:

  1. You must offer care to someone who needs help from a caregiver.
  2. You can do this either in your own house or at the house of your employer.
  3. To meet the terms of the pilot program you do not have to live in your employer’s house.
  4. NOC 4412 Skill Level only accepts the home support workers’ job profile.
  5. You can show your work experience as a housekeeper.

 

Your work experience to meet the terms of the program must be from one of the above. You should be working in a job for which you have earlier work experience. Also, you can not show work experience of a mix of jobs from the above list.

You must submit your job offer with your application of permanent residence. Your employer needs to fill your application and send you a copy of the same. And you both must mutually sign the declaration at the bottom of the form.

Also, you both need to submit an application for a work permit with your application for permanent residence.

 

You must prove that you can do your job

In this the govt considers your past work experience/training to check if you can do a NOC job. You should have the skills, knowledge and experience to do the jobs that come in the NOC Skill Level. An official will come and assess if you can fulfill the duties of your NOC job.

 

You must meet the language level terms of the program

As an applicant, you must prove that you have the min. Language level Canada is looking for in you. You must prove that you have 4 key skills – Reading, Writing, Listening, Speaking for English or French. You must get a Canadian Language Benchmark (CLB) 5 in English. Or Niveaux de competence linguistique canadien (NCLC) 5 in French.  Also, to prove the language skills you can submit test results that are not more than 2 years old. These test results can be from:

  1. International English Language Testing System (IELTS) test
  2. Canadian English Language Proficiency Index Program (CELPIP) test
  3. Test de Connaissance du Français (TCF)
  4. Test d’évaluation de Français (TEF)

 

You have an education level that is on par with Canada’s Education System.

As an applicant, you must show that you have post-secondary education for a min. of 1 year in Canada. If you have a foreign study experience, then you must get an Education Credential Assessment (ECA) report. An ECA report will check if your study level is equal to Canada’s education system. Also, your ECA report can not be more than 5 years old.

 

How can you apply?

You can apply through any of the 2 new pilot programs if you meet its terms.

You can apply from inside Canada if:

  1. You are living in Canada.
  2. You have a valid study or work permit.
  3. You are on an implied status or meet restoration terms.
  4. Your spouse, common-law partner, or parents have a valid study or work permit.
  5. You have a valid and verifiable study level from Canada.
  6. You have 6 months or more, valid temporary resident permit.
  7. You have permission to work in Canada without a work permit. But you will need a work permit to work in a different job.

 

You must follow the following steps to apply from outside Canada:

Step 1 – You must check and meet the terms of the pilot program you choose to apply through.

Step 2 – Check and verify all the documents. Post that you can apply for Canada work permit and permanent residence application.

Step 3 – Fill out all the details online and attach all the papers that you must give. You must print all the forms and papers you give online.

Step 4 – You need to pay your application fees. It includes the processing fee, work permit processing fee, open work permit fee, Right of Permanent Residence Fee (RPRF). As per your need and program terms, you can pay the fees accordingly. If you have family members who are coming with you, then they too need to apply for work/study permit. And you and your family members must go through the biometric system to give photos and fingerprints. For this, you need to confirm if you have to give biometrics or not. In the end, you must pay third parties if you get a language test, police report, medical exam, ECA, etc.

Note: You need to print all receipts of payments you make, to attach them with your application.

Step 5 – Finally mail your application with all receipts and forms.

 

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What happens after your application reaches the Canada govt?

After checking all your details in your application, the govt issues a work permit. You will get an open work permit through Home Childcare Provider and Home Support Worker Pilot. This work permit:

  1. Is a job-specific work permit. This means you can work in a job which is in your job offer.
  2. Allows your employer to not have Labour Market Impact Assessment (LMIA) for hiring you.
  3. Allows you to get work experience to further apply for permanent residence.
  4. Allows you to work for any employer.
  5. Allows you to change your employer without an LMIA or job offer.
  6. Lets your dependent(s) apply for a study permit or open work permit.

 

If you apply from inside Canada, then your work permit comes through mail to your Canadian address.

 

If you apply from outside Canada, you will get a letter that confirms that the govt approves your application. This letter says that you have permission to work in Canada. You must not mistake this letter for a work permit as you will get it after landing in Canada.

When you reach Canada:

  1. You need to contact the Border Service Officer (BSO) and show your intent to work in Canada.
  2. BSO will confirm your identity.
  3. You can enter Canada through 10 major Canada airports, small airports, and all ports of entry. As per your landing point, BSO will guide you through checking of your identity.
  4. After confirming your identity, BSO will stamp your passport and tell you the duration of your stay in Canada.
  5. You will show a letter of introduction, passport, your visa (if applicable), and travel papers.
  6. You should have all supporting papers like a job offer, work and study experience papers.
  7. After verification of your papers, BSO will then print a work permit for you.

Note: Letter of introduction refers to a letter the Canada visa issues for you. This letter confirms that you have approval for work or study permit or extension under the super visa program.

 

Do you need to show work experience to get a PR visa in Canada?

You need a total of 24 months of work experience to qualify for Canada PR visa. You need to submit proof of your work experience within 36 months of getting occupation restricted open work permit. You need to show:

  1. Your total work experience is in a NOC Skill Level job.
  2. You give proof of work experience of 24 months within 36 months of getting an open work permit.
  3. You have a fulltime, paid job with min. 30hours work in a week.
  4. You can also submit job offers, contracts, payslips, tax reports and so on.

 

What happens if the Canada govt approves your application for Canada PR?

If Canada govt approves your application, then they will ask you to send your passport to the visa office.  Then the office will process your profile and give you a Canada visa. This visa includes Confirmation of Permanent Residence (COPR), and an entry visa (if applicable).

 

If you are living in Canada

After approving your application, the visa office will fix your interview with a visa officer. The officer will confirm and check your identity, papers, availability of funds and confirm your Canadian address. Then they will then mail your permanent resident Card (PR Card) at your mail address.

 

If you are working in Canada

You can apply for a Bridging Open Work Permit (BOWP) if you are working in Canada. This work permit helps you to continue working in Canada even if your visa application is in processing.  And you can apply any time after giving proof of work experience.

You can apply for BOWP if:

  1. Your application is in processing for a permanent residence visa.
  2. Your work permit is going to expire in 4 months or less.
  3. Your work permit has a valid status.
  4. You are living in Canada.

 

If you are outside Canada

You will have to go through verification by a Border Service Officer (BSO). When you enter Canada, you must have:

  1. A valid passport and or travel papers.
  2. You must have a regular passport. You can’t immigrate to Canada with a diplomat, govt service, or public affairs passport.
  3. You must have a valid PR visa and your COPR.

 

The BSO will:

  1. Check for the validity of your papers.
  2. Check your financial stability to live, work and settle in Canada.
  3. Check if you meet all the terms for Canada Immigration.
  4. Confirm your mailing address so you can later receive your Canada PR card.

 

You can not enter Canada if:

  1. You fail to show proof that you meet all the terms of Canada immigration.
  2. You have less/no papers to verify your identity.
  3. You give false or incomplete papers/info to the BSO.
  4. You are not able to convince the BSO that you meet all the terms to enter Canada.

 

If BSO finds that you complete the immigration process, then they will give you entry as a permanent resident. And will soon send your Canada PR card at your mailing address.

If you change your mailing address or telephone number within 180 days, then you must inform the visa office.

 

Live-in-Caregivers Program (LCP)

LCP is no more accepting new applications. If you want to apply, then you must have at least 2 years of work experience in this program.

Additionally, you need:

  1. An LCP work permit and you must be working in Canada.
  2. Or you have approval for the previous LCP as per your LMIA as on or before Nov 30, 2014.

 

What are the terms of LCP that you must meet to qualify?

You can apply for permanent residence in Canada if you have work experience through LCP.

Your work experience must:

  1. Have a full-time, paid 24 months of live-in caregiver job.
  2. Or 3900 hours of work within a min of 22 months. You can also add your over-time hours of up to 390 hours.
  3. Show that your work experience is within 4 years since the time of your arrival in Canada.

 

Your work experience can not:

  1. Show any period where you did not have a valid job.
  2. Show vacation period outside Canada which exceeds the vacation limit in your job contract.
  3. Show work period where you work for your employer outside Canada.
  4. Show any period you were working as a live-out-caregiver and not a live-in-caregiver.

 

Canada govt will not consider your visa profile if:

  1. You, your spouse or common-law partner, or any family members are indulging in criminal activities. Also, your profile is at risk if you/family poses a threat or have a serious medical condition.
  2. You were hiding information from Immigration, Refugees and Citizenship Canada.

 

Can you and your family members get Canada PR together?

Yes, you and your family members can get a Canada PR together. All you must do is list your family members names and details with your visa application. You and your members must go through medical, criminal and security check. Also, you can either get a Canada visa together or you can sponsor your family later. You can’t sponsor family members whose name is not in your profile and have not taken a screening test.

Note: Even if your family members are not coming with you, they will have to take a screening test.

 

Can you apply for Canada permanent residence and an open work permit at the same time?

Yes, you can apply for both at the same time.

To apply you must:

  1. Submit your application for both open work permit and Canada PR or,
  2. You need to have your application for Canada PR through LCP.

You must have:

  1. Valid work permits within 2 years or more of working in LCP.
  2. Work experience as live-in-caregiver, of 3400 hours or 2 years or more, within 4 years of arriving in Canada.

You must meet the terms for both Canada PR and open work permit. After you receive your work permit you can work in any job. But if you are working in Canada then the Quebec govt will assess your profile as per their terms. Also, during the processing of your application, you can not leave the country. If you do so then you will have to reapply for a temporary resident visa.

You must apply for a new permanent resident visa from within Canada.

You need to apply at an overseas visa office if you leave Canada for more than 1 year. Or your work permit will expire or is not valid.

 

Hiring temporary foreign workers as live-in-caregivers

This program is for Canadian citizens and permanent residents who need to hire foreign live-in caregivers. They can hire under the Temporary Foreign Worker Program.

As a caregiver:

  1. You must give full-time care of min 30 hours in a week.
  2. You can offer care in a private home.
  3. You must meet the terms of IRCC and ESDC.

 

Your employer can hire you for live-in or live-out service, under one of these two:

Caregivers for children

  1. You can offer care to children below the age of 18.

Note: This option can have positions of childcare provider, nanny, live-in-caregiver (NOC 4411).

High medical needs people who require a caregiver

  1. The person you will care for must be 65 years or more.
  2. The person you care for might have a disability, chronic or terminal illness.

Note: This option can include job positions as:

  1. A nurse or Psychiatric nurse (registered) (NOC 3012).
  2. Practical nurse with a valid license (NOC 3233).
  3. Attendant for disabled people, live-in-caregiver, home-support worker, personal care attendant (NOC 4412).

 

What are the terms you must meet to apply as a live-in caregiver?

As a caregiver, you can work as a temporary foreign worker if:

  1. You have the min. CLB 5 or more for language skills in English or French.
  2. You must have a Canada equivalent education level, training or experience to do your job.
  3. Your employer should be able to hire you for a low skilled job or high skilled job.
  4. You must have a valid license, registration, certificate for your job like for doctors, nurses etc.
  5. You might have more than but limited to 2 employers at one time.

 As an employer:

  1. You need to hire a foreign worker who meets the terms of the caregiver program.
  2. You must have a business number (BN) from the Canada Revenue Agency (CRA) to hire a foreign caregiver.

With a business number (BN):

  1. You can register for advertising for the job position you are offering.
  2. You can apply for a temporary foreign worker (TFW).
  3. You can pay your employee’s wages which includes the vacation pay.
  4. You can cut any amount from the caregivers’ wage as per the law and TFWP.
  5. You can issue payslips, salary statements or Records of Employment.

 

What are the terms employers must meet to hire a Temporary Foreign Worker (TFW)?

As an employer:

  1. You must have the Records of Employment (ROE).
  2. You must show proof of the person for whom you are hiring a foreign caregiver.
  3. You must show that you have the funds to hire a TFW.
  4. You must pay for transportation and housing.
  5. Should pay for health insurance of the TFW (govt/private insurance whichever is applicable).
  6. You must ensure workplace safety.
  7. Have an employment contract with your and your employee’s signature.

 

Records of Employment (ROE)

As a foreign worker, you need the ROE to show as proof while applying for Canada PR. And you can apply for Employment insurance perks. Also, employers must have this so the govt can verify:

  1. If the worker is a foreign worker or not.
  2. The number of work hours.
  3. Amount of wages.

This enables the Canada govt to process the TFW’s application for permanent residence.

 

Proof of the person who needs care

As an employer, you need to give proof that you or a dependent needs services of a foreign caregiver. The papers that you need to submit with your application must have:

  1. Proof of age and details of parents for children under 18. You can give – birth certificate, adoption papers, guardianship papers or medical note of pregnancy and due date of birth. You can give any of the papers that you can show.
  2. Proof of old age (above 65 years and more). You can give anyone – birth certificate, passport, or Old Age Security identification card.
  3. Proof of disability, chronic or terminal illness. You can give – a complete Schedule H – Medical disability, chronic or terminal illness certificate (EMP5600) form. Or a medical note that confirms disability, chronic or terminal illness which requires service of a TFW.

 

Proof of funds to hire a TFW

You as an employer must show proof of funds to hire and pay for the service of a TFW. You need to fill the financial ability section in the LMIA form. And you must receive a positive LMIA to qualify. Also, you need to give NOA (not more than 1-year-old) from CRA with the LMIA form.

Service Canada can ask you to give copies of payslips, bank statement, work contracts, etc as proof of income. In the case of multiple employers (not more than 2), both must have positive LMIA. And must show proof of income which will qualify them to hire a TFW together.

 

Pay travel expenses for low wage TFW

If you hire a temporary foreign worker with a low wage, then you must pay for the travel expenses. This can include:

  1. Travel expenses for coming from the country of residence to the place of work in Canada.
  2. Travel expenses for coming from the place of residence in Canada to a new place of work.
  3. If your employee drives its car then you must pay for gas.
  4. Travel expenses for your employee to go from workplace in Canada to the real country of residence.

As an employer, you should ensure that the employee’s time of travel and expenses are low. And at no cost, you have the permission to recover travel expenses from the TFW.

 

Travel expenses that you pay do not include:

  1. Hotels, food, other expenses TFW’s travel to the workplace.
  2. Travel or other expenses for vacation or emergency trips.

Note: If you are hiring a TFW with a high wage then you need not pay for travel expenses.

 

Provide housing to the TFW

An employer does not have to ask the TFW to live in its house. But, both employer and caregiver, can mutually agree to do so. The caregiver must live in a place where he/she/it needs to give care to the person in need.

For hiring a live-in caregiver, you must make sure:

  1. TFW will live in housing of the person who will receive care.
  2. The live-in-care giver has a fully furnished and private room to stay in.
  3. The caregiver’s room has a lock and safety bolt inside.
  4. The room meets all the terms of municipal buildings and provincial/territories health standards.
  5. As per the TFWP, you can not charge a room and boarding fee from the foreign worker.

Employers of low wage live-in-caregivers must fill details of housing in the LMIA form. If you are not giving housing facility, then you must show proof of affordable stay by the TFW.

Note: If you are hiring a TFW with a high wage then you need not provide housing.

 

Ensure health and workplace safety

The TFWP requires all foreign caregivers to have an insurance cover. As per the law, employers need to make sure their workers have a govt insurance plan. In some provinces, the govt allows employers to choose private insurance plans for TFW’s.

If you choose a private insurance plan:

  1. Then it must offer equal or more coverage than govt insurance plans.
  2. Then all employees must have the same insurance coverage.

 

Wage requirement, working conditions, and job duties

All employers need to pay a min. wage to the TFW as set by the govt/province. As per the Temporary Foreign Worker Program employer needs to:

  1. Pay median hourly wage or annual salary (whichever is more).
  2. Pay as per the job profile and work location.
  3. Advertise the wage/salary amount during the hiring process.
  4. Give a raise after 12 months (if possible). So, the pay is equal or above the set wage/salary rate for the job profile and work location.

Note: You will get a negative LMIA if you are offering a low wage to your future TFW.

 

Canada has strict laws to protect the rights and interests of its people. This also includes temporary foreign workers. If any employer exploits these rules, then it will be punishable by law.

You as an employer need to:

  1. Pay for all work including overtime (as per the law).
  2. Make sure your workplace is safe and sound to work in.
  3. Give holidays, proper break time and day-offs.
  4. Make sure your worker only does duties for its job profile.
  5. You can not force TFW to do the duties of any other job profile.

 

Why an employer should apply for LMIA?

To hire a TFW, employers must give LMIA application with all required papers to ESDC/Service Canada. ESDC/SC will check your LMIA application.

  1. To see if you meet the terms of the Temporary Foreign Worker Program (TFWP).
  2. To check, past and current job offer made by you, from the province/territory.
  3. To check if your job offer is valid.

 

An employer should have active involvement in the business relating to the job offer. They should be able to meet the terms of the job offer. And should give a job offer to TFW for the profile they require.

 

  1. If the medium of language to do the job is English or French. If applicable an employer should be able to prove the need for a different language to the job profile.
  2. For the impact of your LMIA on the job market.

 

Your LMIA verifies the offer of wages and working conditions and the job profile offered to TFW. It also sees the employer’s hiring and advertising efforts for filling up the job profile. And will also check the benefits of LMIA to the labour market.

 

  1. For the previous job offers made by you.

 

Job offer (in the last 2 years) for TFW before Dec 31, 2013.

The ESCD/SC will check your employment history if you violate any terms of the LMIA or job offer.

If you receive positive LMIA on or after Dec 31, 2013.

The ESDC/SC will check if after a positive LMIA you hire a TFW. And if it is as per the given job offer and details in the LMIA application.

 

Furthermore, SC/ESDC will give you a positive LMIA after verification. From the date of issue, the positive LMIA will be valid for 6 months. After receiving the LMIA you need to send a copy to the TFW. And ask him/her/it to apply to IRCC for a Canada work permit.

 

When can you apply for a work permit to work as a caregiver in Canada?

To work as a caregiver, you can:

  1. Extend your work permit, once your employer gets a new positive LMIA.
  2. You can apply for a new work permit.
  3. If your employer has a positive LMIA.
  4. If you are currently living in Canada and qualify to apply for a work permit from inside Canada.
  5. If you are outside Canada, your employer should have given LMIA application before June 18, 2019.
  6. If you will be working in Quebec.

 

Contact us for more information on a work permit and Canada Immigration.