Based on the LMIA the employers are required to pay the live in caregiver the minimum prevailing wage for the occupation. The employers are required to refer to the Job Bank median wage for the occupation of live in caregiver to determine what the prevailing wage is for the area.
The employers are also required to review and make changes as necessary after 12 months of employment in order to ensure that the worker receives prevailing wage rate of the occupation. Furthermore, it is the employer’s duty to ensure that the prevailing wage does not fall below the federal or provincial minimum wage rates or wage schedules. Employers that do not meet the minimum wage requirement will receive a negative LMIA.
Furthermore, employers are also required by law to pay for the worker’s overtime and provide a safe workplace with proper time and days off. Employers cannot force the worker to do certain duties for which they were not hired nor trained.
The criteria set by the CIC for an LCP applicant includes education, training and language requirements. These must be met by the foreign live in caregivers seeking to qualify for the LCP. These requirements are specific for those who wish to work outside Quebec:
Successful completion of equivalent of Canadian secondary school
Training requirement: successful completion of 6 months of full time classroom training in the field or occupation related to the job in question. (Full time: at least 25 to 30 hours per week of educational instruction.) Furthermore, the training must be in a classroom setting; correspondence courses are not acceptable.
Work experience: completion of at least 12 months of full time paid employment, including at least 6 months of continuous employment with one employer, in related field or occupation within 3 years immediately prior to the day the person submits the application for a work permit to a visa office.
Ability to read, listen and speak English or French at a level sufficient to communicate effectively in an unsupervised setting, such as to respond to emergency situations by contacting doctor, an ambulance, police or fire department, answer the door and telephone, administer medication. In the event that officer is not convinced that applicant has language proficiency, the officer may request an interview.
Mandatory employment contract: employer must forward original employment contract to the applicant. It must be consistent with provincial employment standards and must be signed by both employer and the live in caregiver.
The live in caregiver’s work permit is valid for only one year and must be renewed every year to maintain eligibility under the LCP. Applicants seeking initial work permit under the LCP must submit their applications to a visa office abroad regardless of whether they are in Canada with a TRV.
For further information on the live in caregiver program, please contact us.
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