Shabnam Akrami Blogs
How to Get a Positive LMIA to Hire a Live in Caregiver
Under the Temporary Foreign Worker Program, families can hire foreign caregivers. However, the caregivers must:
Provide care on a full-time basis (minimum 30 hours a week)
Work in the private household where care is being provided; and
Meet the requirements set by Employment and Social Development Canada (ESDC)/Service Canada and Citizenship and Immigration Canada (CIC).
These families or private household employers will be able to hire foreign workers, on a live-in or live out bases, for two categories of in-home workers, which include; Caregivers for children and Caregivers for people with high medical needs.
Costs for a Labour Market Impact Assessment (LMIA): $1000 for every position requested. A positive LMIA will show that there is no Canadian available to do the job that is required and that there is a need for a foreign worker to fill that job.
Employees applying for an LMIA must pay the temporary foreign worker (TFW) the price of minimum wage for the occupation. They can look at the job bank website to find the median hourly wage but that would be required to pay.
All employers are required to pay employees in full and follow the law. The employer is to make sure that the workplace is safe and they must allow for proper break time and days off. Moreover, they must terminate an employment within the standards under the Employment Standards Act.
Employees are not to force any TFWs to perform duties for which they were not hired or trained to do. For example, an employer submits an application to hire a TFW as a caregiver; the duties must correspond to that occupation.
Recruitment and Advertising
There are certain conditions in place to make sure the employer properly advertises and recruits the foreign trade worker for his business. For example, an employer cannot, under no circumstance, require a caregiver to live in their home. An employer may advertise the position with the opinion of the caregiver living in their home. In addition, if they do live in the employer’s home, it must come at no cost to the worker.
Employers when asking for a LMIA they are asking for an opinion on what kind of impact would hiring a TFW would have on Canada’s job market. If an employer receives a letter confirming the approval of their LMIA application, that is a positive LMIA. And this letter confirming their approval is valid for 6 months from the date of issue.
All of these circumstances have been imposed on the employer to make sure the reasons why they are asking for a LMIA and requesting TFWs to come work for them are genuine and not taking away from Canadian jobs. Once the employer receives a positive LMIA, they send a copy of this letter to the TFW and then it is up to the TFW to apply for a work permit.
Contact Akrami & Associates
Filing a LMIA application can be a complicated process. If you have any questions or concerns regarding applying for an LMIA to get a caregiver, please do not hesitate to contact us. Our legal professionals would be happy to assist you in your matter.