Work Permit as a Live-in Caregiver
When considering to apply as a live in caregiver, this application involves both the prospective employer in Canada and the applicant. Both have criteria they will have to meet as well as obtaining a positive labour market opinion. Many of our clients who first attempted this on their own were unsuccessful because they did not demonstrate the proper documentation or were unaware of the live in care giver rules when applying.
Akrami & Associates will guide you every step of the way with this. Contact us for more details.
If you intend on submitting your application without the support of a representative, there are a couple of factors you should keep in mind.
Live in Caregiver Eligible Employer
As the applicant, you will first need to locate an eligible employer in Canada. To be an eligible employer, you must:
- have first made an effort to fill your position with a Canadian, a permanent resident or a foreign worker already in Canada,
- have enough income to pay them,
- give them an acceptable living space in your home,
- make a job offer for caregiving duties for
- a child,
- an elderly person or
- a person with a disability,
- apply for a Labour Market Opinion (LMO) from Service Canada and include the employment contract. Service Canada will work with Education and Skills Development Canada (ESDC) to give you an LMO.
Labour Market Opinion
Before hiring you, your employer must:
- apply to Human Resources and Skills Development Canada/Service Canada (HRSDC/SC) to have his or her suggested job offer reviewed; and
- receive a positive Labour Market Opinion (LMO) from HRSDC/SC.
HRSDC/SC will assess your employer's job offer and the employment contract to be sure that it meets the requirements for wages and working conditions and the provincial labour and employment standards, and that there are not enough Canadians or permanent residents available to work as live-in caregivers in Canada. If HRSDC/SC finds the job offer acceptable, they will issue a positive LMO to your employer.
The written employment contract will make sure there is a fair working arrangement between you and your employee. The contract must show the employment conditions that must be met. It must have details about:
- mandatory benefits you will pay, including
- transportation from the caregiver's home country to the place they will work in Canada,
- medical insurance coverage from the date they arrive until they are eligible for provincial health insurance,
- workplace safety insurance coverage for the entire time they will be employed and
- all fees paid to recruit someone, including any amount owed to a third-party recruiter or agents you hired, that would otherwise have been charged to the live-in caregiver,
- job duties,
- hours of work,
- housing arrangements (including room and board),
- holiday and sick leave amounts, and
- rules for ending employment or quitting.