As a live-in caregiver, can I return to my home country for a vacation?

Yes, as a live-in caregiver you can return to your home country for a vacation. The length of your vacation should be written in your employment contract. If you take a longer vacation than that, without written consent from your employer, you could lose your job in Canada.
If you leave Canada before your application for permanent residence is approved, you may not be allowed to come back into Canada, especially if:

• you come from a country whose citizens need a temporary resident visa to enter Canada; or
• your work permit has expired and you no longer have legal status in Canada.

In this case, if you cannot return to Canada for any reason, your application may be abandoned.
Before traveling, check with your country’s government for information on visiting or exit visa requirements. They may have changed while you have been working in Canada.
Citizens from some countries and territories must have temporary resident visas to enter Canada. If you are from one of these countries, you may have to get another visa before you can return to Canada. This could take time. Find out the rules before you leave Canada.
If you stay outside Canada for more than one year or if your work permit expires while you are outside Canada, you will have to reapply to return to Canada under the Live-in Caregiver Program.

Applying for a Work Permit to work as a Live-in Caregiver in Canada

Applying for a Work Permit to work as a Live-in Caregiver in Canada The Work Permits program issues work permits to eligible foreign workers who wish to work temporarily in Canada, provides information on the related application process, and issues visitor records to business visitors. Applicants must meet the following requirements:

• have a valid passport or other travel document issued by their country of residence
• be in good health (a medical exam may be required)
• provide proof that they have sufficient funds to support their stay in Canada
• demonstrate that their stay in Canada is temporary
• not have a criminal record, nor be considered a security risk

In most cases, foreign workers must have obtained a Labour Market Opinion from their potential employer before applying for a work permit. In most cases, foreign workers must also obtain a Temporary Resident Visa, which is usually issued along with the work permit. Also, there is a processing fee of $150 for work permit applications.

Improvements to the Live-in Caregiver Program

On December 12, 2009, a number of regulatory and administrative changes were proposed to improve worker protections and to make the transition to permanent residence through the program easier. The amendments to the regulations of the Immigration and Refugee Protection Act became law on April 1, 2010. The changes include:

* Expanding the time frame in which caregivers are able to complete their two years of work in order to qualify for permanent residence. Caregivers now have four years to meet the requirements where they previously had three. This offers caregivers more flexibility to deal with life’s unexpected events.
* A more flexible assessment of our requirements. Caregivers who work overtime may now use it to their advantage to apply for permanent residence sooner. They may now become eligible after:
o 3,900 hours over a minimum of 22 months, with a maximum of 390 overtime hours; or
o Two years, at regular full-time rates.
* Reducing uncertainty faced by caregivers. Some caregivers have been denied permanent residence on the ground that an illness was discovered in a standard second medical examination after a caregiver had completed the requirements of the program. CIC now has the authority to assess medical admissibility in an application for permanent residence based on the medical examination administered before coming to Canada as temporary residents. This means the elimination of the second standard medical examination all live-in caregivers were required to undergo in Canada, after having completed their two years of employment.

At the same time, a number of administrative changes were announced, including:

* Mandatory clauses in the employment contract, which must address:
o employer paid benefits, as described below;
o accommodations;
o duties;
o hours of work, including overtime hours;
o wages;
o holiday and sick leave entitlements; and
o terms of termination or resignation.
* New employer-paid benefits, including:
o transportation to the place of work in Canada from the live-in caregiver’s country of residence;
o private medical insurance, prior to activation of provincial health coverage;
o workplace safety insurance, or equivalent insurance if the former is not available; and
o all recruitment fees associated with hiring a live-in caregiver.
* Emergency processing of labour market opinions (the employer’s authorization to hire) and of new work permits for caregivers already in Canada who face abuse, intimidation or threats in their current jobs.
* A new caregiver telephone service offered through the CIC Call Centre, which helps to better inform caregivers living in Canada and employers of their rights and responsibilities under the program.
* Improved information products available to live-in caregivers, which are currently being developed.
(According to Citizenship and Immigration Canada www.cic.gc.ca)