Canada’s Live-in Caregiver Program, administered by the Immigration, Refugees, and Citizenship Canada (IRCC), plays a vital role in addressing the nation’s caregiver needs. This program enables families and individuals to hire foreign nationals as live-in caregivers to assist with the care of children, seniors, or persons with disabilities. If you’re considering hiring a live-in caregiver, it’s essential to understand the process, eligibility criteria, and responsibilities as an employer. Here, we’ll delve into the employer’s perspective of the Live-in Caregiver Program, including employer eligibility and the steps involved in hiring a foreign national caregiver already in Canada.
Employer Eligibility
Before you can hire a live-in caregiver through the Live-in Caregiver Program, you must meet specific eligibility criteria set by IRCC. Here are the key requirements:
1. Need for Care: You must demonstrate a genuine need for a live-in caregiver to provide care to a child, elderly family member, or a person with a disability. This requirement is critical, as the program aims to provide support to those who genuinely need it.
2. Ability to Pay: As an employer, you must show that you have the financial capacity to pay the caregiver’s wages and cover other associated costs, including room and board. This is often done b including your Notice of Assessment for the last 2 years.
3. Employer-Employee Relationship: You must be able to establish a legitimate employer-employee relationship with the caregiver. This means that you have the authority to hire, dismiss, and oversee the caregiver’s work. Proof of this relationship is given through submitting the accepted job offer that states the job duties, wage, hours, additional benefits and details of the provided accomodation.
4. Compliance with Laws: You are required to comply with all relevant federal, provincial, and territorial laws and regulations, including labor standards and workplace safety.
5. Housing: Employers cannot require the caregiver to live in their home. However, if the employer and employee decide that the best scenario is to have the caregiver live at their home, the employer should provide a private, furnished bedroom with a lock and safety bolt on the inside, and that the caregiver is not charged for room and board, as per the Temporary Foreign Worker Program.
Steps to Hire a Live-in Caregiver in Canada
Once you’ve determined that you meet the eligibility criteria, here are the steps you’ll need to follow to hire a foreign national caregiver that is already in Canada:
Identify a Suitable Candidate: You can search for potential caregivers through various channels, such as caregiver agencies, job boards, or personal referrals. The caregiver must have valid immigration status in Canada.
Discuss Terms of Employment: Before proceeding, engage in a detailed discussion with the caregiver about the terms of employment, including wages, working hours, responsibilities, and living arrangements. Ensure that both parties have a clear understanding of the employment agreement.
Submit an Offer of Employment: Once you receive a positive LMIA or are exempt from the LMIA requirement, you must submit an Offer of Employment to the caregiver. This offer includes all the details of the employment arrangement.
Apply for a Labour Market Impact Assessment (LMIA): If the foreign national does not have an open work permit, you will need to apply for an LMIA. As a part of the LMIA application you will need to demonstrate that there are no qualified Canadian citizens or permanent residents available to fill the caregiver position. The LMIA process involves advertising the job vacancy and proving that you have made genuine efforts to hire a Canadian. You can name your prospective employee in your LMIA application and even include a copy of the accepted Offer of Employment.
Caregiver Applies for a Work Permit: Once a positive LMIA is received, the caregiver should apply for a work permit. They will need to include a copy of your Offer of Employment, which confirms that you have a genuine position in Canada.
Wait for a Decision: After submitting the work permit application, the caregiver will need to wait for IRCC to process their application. Processing times may vary, so it’s essential to check for updates regularly.
Caregiver Arrives in Canada: Once the caregiver’s work permit is approved, they may start working for you as per the terms of the employment agreement.
Compliance and Reporting: As an employer, you are responsible for ensuring that the caregiver adheres to the terms of employment and for reporting any changes or issues to IRCC as required.
Conclusion
Understanding the eligibility criteria and the steps involved in hiring a foreign national as a caregiver within Canada is essential to ensure a smooth and lawful process.
Remember that immigration and labor regulations can change, so it’s crucial to stay updated on the latest requirements and guidelines from IRCC. Seeking legal advice or assistance from immigration consultant or lawyer can also be valuable in navigating the complexities of hiring a live-in caregiver. Ultimately, by following the prescribed steps and fulfilling your responsibilities as an employer, you can provide essential care and support while ensuring compliance with Canadian immigration laws.
At Arsheen Devjee Immigration Services, you receive hassle free, personalized services for LMIA and work permit applications for caregivers that are in Canada. Reach out to start a conversation on hiring a caregiver today!
