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)

Live-in Caregivers in Canada — Your rights and the law

Live-in Caregiver in Canada

Your rights and the law

Canadian laws protect every worker in Canada. This includes live-in caregiver workers like you.

Your employer:

• must pay you for your work
• must make sure that your workplace is safe and
• cannot take your passport or work permit away from you.

Every province and territory has an office that deals with labour and employment laws. A person at your local employment or labour standards office can talk to you about fair pay, hours of work, rest periods, working conditions and provide other services.

You do not need your employer’s permission to call this office or visit its website. They cannot punish you or have you deported for it.

Employment contracts

You may have signed an employment contract, depending on your job.

If you have a contract, it should include:

• details of your job and
• conditions of employment.

The conditions state the highest number of hours you will work each week and how much you will be paid. Both you and your employer must follow the contract.

Keep a copy of your contract. If you and your employer disagree about work details in the future, the contract may help you.

The contract also has information about the money that may be taken out of your pay (for example, the amount paid to the Canada Pension Plan and Employment Insurance, which you may be eligible to collect).

If you lose your job

Usually, your employer must give you written notice or pay you instead (this is called termination pay) before telling you to leave your job.

Your employer does not have to warn you when you are being let go for a “just cause” (for example, serious misconduct or missing work without good reason).

If you have a contract for a specific period or a specific job, your employer does not have to give you notice when your contract ends.

The rules about notice of termination are different in each province and territory.

If your employer does not follow the law when they dismiss you, you can complain to the local employment or labour standards office.

Housing

If you are given room and board, your employer may take part of the cost out of your pay. In most provinces, the amount charged for meals and board is limited. The amount must be noted in your contract.

Health and safety

All workers in Canada have the right to a safe and healthy workplace. There are laws to protect workers from danger.

Provincial, territorial and federal governments each have their own laws and ways of looking into health and safety matters.

Refusing dangerous work

Most of the time, you have the right to refuse to work if you believe that the work you are doing or have been told to do is dangerous.

You must be paid until

• the danger is removed
• you feel the problem no longer exists or
• a government official tells you that it is safe to do the work.

Your employer cannot punish you for refusing dangerous work.

If you are hurt at work

Many provinces and territories provide workers’ compensation benefits. Workers’ compensation gives you help (medical or wage benefits) if you are hurt on the job or if your job causes you to get sick.

In some provinces or territories, employers do not have to sign their employees up for the plan.

If employers do not have to take part in the workers’ compensation plan in the province or territory where you work, your employment contract must say this.

Your employer must not take any money from your pay for the plan. Contact your local employment or labour standards office if you need more information about workers’ compensation benefits.