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Wednesday, March 18, 2009

Hiring Live-in Caregivers - Procedures and Responsibilities



Are you an employer looking to hire a nanny under Live-in Caregiver Program? The following provides information regarding procedures and responsibilities on hiring foreign workers (according to Human Resources and Skills Development Canada).

Live-in Caregivers

Every year, Canadian employers hire thousands of foreign workers to help address skill and labour shortages. Human Resources and Skills Development Canada/Service Canada and Citizenship and Immigration Canada help ensure that foreign workers support economic growth in Canada. This information sheet is part of a series that provides information on hiring foreign workers and explores the role of Human Resources and Social Development Canada/Service Canada and Citizenship and Immigration Canada in managing the Temporary Foreign Worker Program. Procedures and responsibilities may vary among provinces/territories. It is important to check with representatives of the Temporary Foreign Worker Program at the nearest Service Canada Centre.

What is the Live-in Caregiver Program?

The Live-in Caregiver Program helps Canadians hire foreign workers to live and work in their homes to care for children, the elderly or people with disabilities. Service Canada works with employers who wish to hire live-in caregivers, while Citizenship and Immigration Canada works with foreign live-in caregiver applicants. Live-in caregivers may receive a work permit for up to three years if they meet Program requirements. Special conditions allow a foreign live-in caregiver to apply for permanent residency after working for two years in Canada.

What is the role of Human Resources and Skills Development Canada/Service Canada?

At the request of an employer, Service Canada develops a Labour Market Opinion by assessing the likely impact the caregiver will have on Canada’s labour market. As part of this “Labour Market Opinion,” Service Canada works case by case to ensure employers offer prevailing wage rates and acceptable working conditions. They also ensure the employer has made adequate recruiting efforts in Canada before making a job offer to a foreign worker.

What is the role of Citizenship and Immigration Canada?

Like many other foreign workers who wish to work in Canada, live-in caregivers require a work permit from Citizenship and Immigration Canada. Following receipt of a work permit application accompanied by a positive Labour Market Opinion, Citizenship and Immigration Canada determines if the caregiver is eligible to receive a work permit.

What is the role of the Canada Border Services Agency?

Border Services officers screen foreign workers at Canadian border crossings and airports to ensure that they meet admissibility requirements before issuing work permits and allowing them to enter Canada. A Border Services officer has the final say on who may enter the country.
Human Resources and Skills Development Canada/Service Canada works with employers who want to hire foreign workers. Citizenship and Immigration Canada and the Canada Border Services Agency work with foreign workers who want to work in Canada.

Who is responsible for labour standards?

The working conditions of temporary foreign workers are the responsibility of the department or ministry responsible for labour in each province or territory. Temporary foreign workers are covered by the same labour legislation and have the same rights as Canadian workers. Ninety percent of occupations are provincially/territorially regulated and employment and labour standards for those occupations are the responsibility of the provincial/territorial governments. The other 10 percent of occupations are federally regulated and the employment and labour standards fall under the Canada Labour Code. It is important to note that standards vary among provinces/territories. Please check with your ministry responsible for labour and employment standards.

What must employers do?

Employers request a Labour Market Opinion from Service Canada. In order to receive a positive opinion, employers must meet all the requirements listed below. Employers are responsible for informing the prospective live-in caregiver of the results of the Labour Market Opinion.

What is required of foreign workers to work temporarily in Canada?

Foreign workers need to apply to Citizenship and Immigration Canada for a work permit and provide a copy of the Service Canada letter confirming that the employer received a positive Labour Market Opinion.

How are applications to hire foreign live-in caregivers assessed?

An application to hire a foreign live-in caregiver will be assessed against the following criteria. The caregiver must:
  • work full-time in a private home;
  • live with the employer;
  • receive a private, furnished room within the home;
  • meet Citizenship and Immigration Canada requirements for language, education and work skills necessary to function in the Canadian labour market; and
  • refrain from working for more than one employer at a time, or for a health agency, labour contractors, in day care or in foster care.

What is the application process?

Hiring steps vary for some provinces/territories, but generally,
Step 1: The employer submits a complete “Foreign Live-In Caregiver Application for Labour Market Opinion” (attaching a signed employer-employee contract), to the nearest Service Canada Centre where foreign worker applications are processed.
Step 2: Service Canada reviews the application according to criteria noted above, and develops a Labour Market Opinion.
Step 3: Service Canada sends a letter with the results of the Labour Market Opinion assessment to the employer, who then informs the foreign worker of the results.
Step 4: In the case of a positive Labour Market Opinion, the employer sends a copy of the Service Canada confirmation letter to the foreign worker.
Step 5: The foreign worker applies to Citizenship and Immigration Canada for a work permit, attaching a copy of the confirmation letter.
In British Columbia, employers must first register the live-in caregiver with the Ministry of Skills Development and Labour. Visit the Information for Domestic Workers and Employers.
Employers must also apply for a Quebec Acceptance Certificate when they want to hire foreign live-in caregivers to work in the province of Quebec. For further information, visit Immigration et Communautés culturelles.
Applications for a Labour Market Opinion under the Live-in Caregiver Program must be submitted to:
Service Canada
Foreign Worker Program
P.O.Box 6500
Toronto LCD
Downsview A,
Toronto, ON
M3M 3K4
Fax: 416-954-3107 or 1-866-720-6094 (toll free)
For more information about the Government of Canada’s Temporary Foreign Worker Program and how to hire foreign workers, visit the Temporary Foreign Worker Program, or Citizenship and Immigration Canada at Working temporarily in Canada.

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