Live-in Caregiver Program

According to Immigration Canada (CIC):

"Amendments to increase the flexibility and efficiency of the permanent residence component of the Live-In Caregiver Program (LCP)

The Live-in Caregiver Program (LCP) is a stream of the Temporary Foreign Worker Program (TFWP) that facilitates qualified, low-skilled foreign workers entering Canada as live-in caregivers to care for children, elderly or disabled persons in the private home where the person being cared for resides, when there are not enough Canadians or permanent residents (PR) to fill available positions.

Employers must apply for and receive a positive or neutral labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC)/Service Canada (SC). LMO applications from employers are reviewed by officers who consider, among other factors, whether the wages and working conditions are comparable to those offered to Canadians working in the occupation and if the foreign worker would be filling a labour shortage. Once their employer has a positive or neutral LMO, live-in caregivers can apply for a work permit. If they meet all the program criteria and satisfy additional criteria, including security and medical admissibility, they are issued a temporary work permit to work as a live-in caregiver in Canada.

After working as a live-in caregiver for two years within three years of their date of entry to Canada, LCP participants may apply from within Canada to become PRs. Currently, over 90 percent of foreign nationals who enter Canada as a live-in caregiver with a work permit apply for permanent residence through this stream, and of these applicants, 98percent are successful.

Following engagement with stakeholders and live-in caregivers, various aspects of the program were raised, including those that are the subject of the proposed regulatory amendments discussed in this document.

For example, some live-in caregivers have experienced difficulty in obtaining the required experience within three years due to protracted illness or other circumstances beyond their control, which could result in their ineligibility for permanent residence. Others identified that they have felt pressure to remain in unsatisfactory employment to avoid failing to meet this requirement. The Standing Committee on Citizenship and Immigration, in its May 2009 report entitled: Temporary Foreign Workers and Non-status Workers, recommended that the time limit to achieve the requisite work experience be extended from three to four years.

In addition, live-in caregivers and stakeholders noted that live-in caregiver’s overtime hours are not reflected in their work experience component for permanent residence.

Another issue that was raised during the recent round table and in the Standing Committee report is that of the second medical examination. Currently, live-in caregivers must undergo two medical examinations, one as part of a work permit application prior to entry to Canada as a temporary resident, and another as part of their application for permanent residence. Due to the differing assessments of temporary and permanent residency applications, or due to changes in health over time, it is possible that a live-in caregiver be admitted as a temporary resident but denied as a PR. Though this situation is rare (average 3 cases per year), it could unduly penalize live-in caregivers who have contributed to the Canadian economy. It is expected that if this requirement remains unchanged, these sorts of cases will continue to arise from time to time.

To address these program issues, CIC has recommended a multi-instrument approach combining administrative and regulatory changes. The former could include improved information products for live-in caregivers and mandatory clauses in employment contracts that stipulate how hours of work and overtime would be compensated and documented. The proposed regulatory amendments to the LCP would facilitate the attainment of the employment requirement for permanent residence status by live-in caregivers, provide flexibility in the way the experience requirement for permanent residence is calculated, and would improve efficiencies in the medical examination process (and reduce costs for live-in caregivers) by eliminating the second medical examination.

1. Increase the time allowed to complete the employment requirement from three years to four years

One of the requirements to qualify for permanent residence under the LCP is completion of two years of employment as a live-in caregiver within three years of arrival in Canada.

It is proposed that live-in caregivers would have four years, rather than three years, to complete the employment requirement of the LCP.

This would respond to concerns that some live-in caregivers are not able to gain the required two years of employment within three years of arriving in Canada for reasons beyond their control such as serious illness.

This regulatory amendment would apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

2. Allow an hours-based calculation of the employment requirement based on 3,900 hours within a minimum of 22 months

Live-in caregivers are currently required to complete two years of employment to qualify for permanent residence. The calculation of the two-year period is based on the start and end dates of employment, as outlined in the employment contract and termination/resignation documents.

It is proposed that live-in caregivers would have the option of selecting the current system for calculating the work requirement, or selecting a new hours-based calculation option of 3,900 hours of employment completed in a minimum of 22 months. A maximum of ten percent of their overtime hours could be counted towards that work requirement, to ensure this new option does not encourage caregivers and/or their employers to seek excessive overtime hours of work.

An hours-based calculation of the employment criterion would more accurately reflect the actual accumulated work of some live-in caregivers, including overtime hours.

This amendment will apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

3) Conduct assessment of medical examination at the work permit application stage with a long term view and eliminate mandatory medical examination at PR application stage

Live-in caregivers are currently required to undergo two medical examinations: one at the work permit/temporary residence stage before entering Canada and one at the PR application stage, after a minimum of two years of work experience in Canada. Although both examinations are similar in that they test for health conditions that would pose a risk to public health and safety in Canada or create an excessive demand on the health or social systems in Canada, the difference lies in the manner in which excessive demand costs are calculated – short-term for work permit/temporary residence applicants and long-term for permanent residence applicants.

It is proposed that all live-in caregivers no longer be required to complete a medical examination when they apply for permanent residence. Instead, the medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver would be assessed for excessive demand in anticipation of the applicant applying for permanent residence under the LCP rather than just for temporary residence. Based on the current costing thresholds used in the calculation of excessive demand, this change would mean that applicants who have a medical condition which would likely result in costs to the health or social systems in Canada of more than $5,000 per year over a five year period (total of $25,000) would typically be deemed to be medically inadmissible due to excessive demand, at the work permit application stage.

By eliminating one of the two medical examinations and requiring that live-in caregivers, at the time of their application for a work permit, be assessed with a long term view in anticipation of their application for PR status under the LCP, administrative processes would be streamlined and cost savings for live-in caregivers could be achieved. The examination at the work permit/temporary resident stage would continue to screen for infectious disease and the chance of contracting such a disease after arriving in Canada would be minimal.

This change would apply to live-in caregivers whose applications for a temporary work permit and related medical examination have not already been reviewed. For some live-in caregivers already medically assessed as part of their work permit application (and therefore assessed on a short-term rather than long-term basis), results of the initial medical examination may be reassessed at the time of application for permanent residence, where concerns were identified at the initial examination stage."

August 3, 2009 - Statutory Holiday in B.C.

British Columbia Day - August 3, 2009 - is a statutory holiday

The first Monday of August is a legal holiday to be observed as "British Columbia Day".

More info about Statutory Holiday for nannies/caregivers working in British Columbia.

May 18 is the next Statutory Holiday in British Columbia

Victoria Day, Monday, May 18 is the next statutory holiday in B.C.

The nine statutory holidays in British Columbia are:

* New Years Day
* Good Friday
* Victoria Day
* Canada Day
* B.C. Day
* Labour Day
* Thanksgiving Day
* Remembrance Day
* Christmas Day

Easter Sunday, Easter Monday and Boxing Day are not statutory holidays.

Eligibility

To be eligible for statutory holiday pay an employee must:

* Have been employed for 30 calendar days before the statutory holiday and,
* Have worked or earned wages on 15 of the 30 days immediately before the statutory holiday.

Employees who work under an averaging agreement or variance at any time in the 30 days before the holiday do not have to meet the 15-day requirement.

No pay for ineligible employees.

An employee who is not eligible for statutory holiday pay is not entitled to be paid an average day’s pay. If an ineligible employee works on a statutory holiday he or she may be paid as if it were a regular work day.


Statutory holiday on a day off

When an employee is given a day off on a statutory holiday, or it falls on a regular day off, an eligible employee is entitled to be paid an average day’s pay.

An average day’s pay is calculated by dividing “total wages” earned in the 30 calendar days before the statutory holiday by the number of days worked. Vacation days taken during this period count as days worked.

“Total wages” includes wages, commissions, statutory holiday pay and vacation pay but does not include overtime pay.

Working on a statutory holiday

An eligible employee who works on a statutory holiday is entitled to be paid:

o time-and-a-half for the first 12 hours worked and double-time for any work over 12 hours; plus
o an average day’s pay.

Substituting statutory holidays

An employer and a majority of employees can agree to substitute another day off for a statutory holiday. The Act and Regulation apply to the substitute day as if it were the statutory holiday.

Live-in Caregiver Program in Canada

Live-in Caregiver Program in Canada

Employing foreign live-in caregivers when Canadian workers or permanent residents are not available, can help families care for children, the elderly or persons with disabilities.

Employers who want to hire live-in caregivers must apply to Human Resources and Skills Development Canada/Service Canada for a labour market opinion. A Labour Market Opinion assesses what impact hiring a foreign worker would have on Canada's labour market.

A foreign live-in caregiver who wants to work in Canada must have received a job offer from a Canadian employer and apply to Citizenship and Immigration Canada (CIC) for a work permit. The caregiver's application must include proof that the employer received a positive Labour Market Opinion from Service Canada.

Live-in caregivers who want to extend their stay in Canada must apply to Citizenship and Immigration Canada for an extension to their work permit. They can apply for a permanent resident visa if they worked in Canada for 24 months within a 36-month period.
It is important that you read the following pages which describe the conditions you must meet to hire a live-in caregiver and how to complete your application form. Applications that are filled incorrectly will delay processing times.

You must agree to the following conditions if you want to hire a live-in caregiver. He/she must:

* Work for you in a private home
* Live with you, the employer
* Have a private, furnished room within your home
* Be employed on a full-time basis
* Meet the requirements set by Citizenship and Immigration Canada for language, education and work skills necessary to function in the Canadian labour market.

A live-in caregiver cannot:

* Work for more than one employer at a time; and
* Work for a health agency or labour contractor, or in day care or foster care.

If you agree to all the conditions mentioned above, you can apply to Service Canada for a labour market opinion. The opinion will assess the impact hiring the live-in caregiver would have on Canadian jobs.

European Aupairs / Babysitters Working As Nannies In Canada

Nowadays in most families both parents are working and a nanny is a necessity for those who want to keep the children in a happy and safe environment. The best solution would be to find a live-in nanny who can care for the kids while the parents are at work. The majority of nannies willing to work as a live-in caregiver are from overseas i.e.: Europe, Philippines, and South America.

Recent studies show that 96% of the caregivers arriving in Canada under the Live-in Caregiver Program are from Philippines. The rest 4% are from Europe (Slovakia, Ukraine, Russia, etc,) and from South America.

In most cases the nannies coming from Europe are well educated and trained as teachers or nurses. After working as babysitters in Europe (in particular Great Britain) they decide to move on and seek a job as a nanny in Canada. Unlike Europe, the former babysitters can apply in Canada for permanent residence after two years of employment as a live-in caregiver providing better chances to settle in Canada in an easier and faster way. The majority of those coming from Europe have a driver license which allowed them to obtain a Canadian driver license after they pass the road test. Having years of experience in Europe as babysitters and most cases a University degrees they are easily accepted by Canadian families, moreover they are in demand as many parents are looking for a nanny who is able to drive the kids to activities, school and supervise them during studying time. European nannies are preferred by families who are looking for more of a nanny then a housekeeper. In this case the parents are most concerned to have somebody to contribute to their offspring education and for the cleaning they will have a professional housekeeper several times a month. Of course the nanny will do some housekeeping and cooking, but her main duty is to focus on the children well-being.

The former babysitter working as a nanny will need some time to adjust to her new environment. Unlike her job in Europe where she worked fewer hours a week for room and board and pocket money, in Canada she will have a busy schedule with a full time job and more responsibilities. It would be very helpful if the family can provide her with childcare duties and guidance about the house and work schedule. The nanny job requires somebody who is flexible and willing to adjust her schedule to family’s needs. For a happy relation nanny-family the parents should have a clear picture about what they require from a nanny and the nanny should have an idea about what the family is expecting from her.

Although most of the nannies are willing to do housekeeping, laundry, grocery shopping, etc. it is recommended to have a work agreement in writing to avoid any misunderstandings. The employment agreement should include details about the work schedule, salary and benefits, overtime compensation, holidays, childcare and housekeeping duties, etc.

It is also recommended to keep an honest and open communication dialog with the nanny, praise her for the good work she has done and discuss any issues that arise before a decision is taken. Let the nanny know what is expected of and respond to her needs. The more you help your new nanny to adjust to her new environment, the sooner you will be confident to leave your children in her care.

Need a nanny? Here are some pointers…

Looking for a suitable nanny to look after my children was not an easy task as I had thought it would be. In a household with two parents working full time and two toddlers, a nanny is a necessity. First of all, will be cheaper than a daycare and secondly the kids will feel more at ease in a familiar environment. However, finding the right nanny on my own seems to me a tough job.

In the old days, the obvious route to start was to place an ad in the news paper. Normally the results are a nightmare. Dozens of phone calls at all times of the day. The answering machine will be jammed with calls, anybody from grandma’s neighbor to the high school kid down the street. In many cases it is so overwhelming you don’t know where to start. If you are to go through a screening process and meeting with all callers, you would need a vacation after this exhausting adventure.

To begin with, you have to figure out what are you looking for in a nanny. You know she will spend many hours everyday with our children, so you need someone affectionate, open minded, gentle but firm, and most importantly, someone who genuinely loves kids. Someone like… Mary Popins!!! Or maybe just somebody like her… Hey, you know this is almost an impossible task, but at least you have to try, right…?

Second, you have to prepare yourself for the interview: What questions to ask the nanny? What should you look for in a nanny? You may have to consider that she is very nervous during the interview, but how does she handle herself in such a situation? Did she approach the kids during the interview? How did they respond to her? You should also do your homework and prepare some ‘What if…’ questions. These are very important indicators to her ability to handle situations that may occur during an average day with children. … I told you, this is not an easy task.

After the interviews it’s time to make your assessment. Do it as soon as possible after the interviews while your memory is still fresh. Read your notes again on each candidate you met with (you took notes during the interviews, didn’t you?). Maybe now you can see the light at the end of the tunnel.

The other way is to call on a nanny agency. That should make things a lot easier to find a nanny. You call the agency, they send a candidate and… voila, you have a nanny - end of story. Well, not quite… As it turned out, you still have to put some work in this matter, before and after the actual hiring. How come, you say? Well, here is how it goes…

You start your search on the internet. You are looking for a reputable agency, preferably in business for several years. The best way is to ask about their experience. What happens if the nanny doesn’t work out? Are there any guarantees? Then, ask them to provide you with reference. Call on their customers and find out if their service is satisfactory.

Tell the agency what you need and they will know what to do. Provide them with a detailed description of so called “Mary Poppins” and let them do the job.

So, that was the easy part. Now, assuming the agency has done the preliminary screening of the candidates, you need to meet only a handful of candidates for a personal interview. After I put somebody else in charge with finding a nanny I can relax and watch another hockey game.

Good luck.

nanny




BlogCatalog

Points to consider before hiring a nanny

Hiring a nanny can be a difficult process if you are not clear on what you are looking for and what you expect from your nanny.

Therefore, before you start looking for a nanny, it is recommended to evaluate your own situation. Depending on your budget and your needs you may want a live-in nanny or a live-out nanny, a full time nanny or part time nanny.

Now think of your scheduling needs, write a job description with duties, salary, working days and hours including overtime. Write skills required of your ideal nanny. Do you want a nanny who drives? Do you expect the nanny to travel with your family? Do you want a nanny who has First Aid and CPR? Do you expect her to be a good swimmer? Do you have any expectations regarding the meals preparation?

In order to find the right nanny you need to find the right agency. The more details you give to the nanny placement agency, the better are the chances to find the right nanny.

A good, reputable nanny agency should be able to provide you with references from other clients. Ask for how long they have been in business and check with the Better Business Bureau. Inquire about the fee and if there are any guarantees. If you are not pleased with the candidates presented, find out if there is any fee applicable.

A respectable nanny agency, with many years of experience, should carefully screen the nannies, provide you with a guaranteed replacement and will not charge you if the presented applicants do not meet your requirements.

Once the agency offered you a list of suitable nannies it’s your turn to evaluate the candidates. Ask the agency to schedule the nannies for a personal interview. You can meet the nanny either in your home (preferable) or in a neutral location.

Find out if the nanny has the skills required, what she is looking for in a job. Ask about her training, general health status, how she likes to spend her free time, what were her primary responsibilities in the job, how does she handle an emergency, etc. During the interview ask her about her previous job and why she left it.

Discuss with the nanny her duties (childcare, housekeeping, meal preparations) and find out if she is comfortable to handle the job.

Have a written agreement including responsibilities, duties, benefits, terms and conditions of employment, nanny schedule, and days off.

It is very important to maintain an open line of communication with your nanny on regular basis. Praise her work when it’s due and discuss matters you are not satisfied with.

Remember, if your nanny is happy, your kids will be happy and you will be happy.

nanny

Live-in versus live-out nanny – Pros and Cons

Once a decision has been made to hire a nanny, the first question you need to answer is: Live-in or live-out? Your answer must take in consideration several aspects, mainly about your residence, your working hours and your life style.

1. Is your home large enough to accommodate another person living there?
2. Is it located on or close to a bus route?
3. Do you live in a small community far from the big city?
4. Do you work regular hours or shift work?
5. Can you afford a live-out nanny’s salary?
6. Can you live with a live-in nanny in your home?

Many parents contact a nanny agency to discuss and assess their needs for childcare and the availability of personnel to perform these duties.
A professional counselor can help you determine the possibilities available and the advantages and disadvantages of the available solutions.

Let’s evaluate the pros and cons of the Live-in Nanny.

Live-in nannies positions in Canada is the domain federal of foreigners brought here under the Live-in Caregiver Program (LCP). Generally, they are 25 to 40 years of age, with work experience or training pertaining to child care.

PROS:
1. Flexibility to match your working schedule
2. Salary that start at the minimum wage set by the provincial government
3. Available to travel with you when needed
4. Does not have a second job to worry about
CONS:
1. Cultural differences
2. Loss of privacy in your own home
3. Somewhat limited English language skills
The vast majority of live-out nannies are “past” live-ins who applied and obtained a permanent resident status in Canada after serving 2 years as a live-in under the LCP. Generally speaking you can expect an improved English language skills and Canadian work experience with Canadian references.

PROS:
1. Verifiable employment track record
2. Total privacy restored in your home
CONS:
1. Higher salary expectations ($15 per hour is the average)
2. May have emergencies at home and could miss working days
3. Expectations of better working conditions and more working benefits.