live-in caregiver (lcp) a summary of canadian immigration system

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Live-In Caregiver (LCP) A summary of Canadian Immigration System

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Page 1: Live-In Caregiver (LCP) A summary of Canadian Immigration System

Live-In Caregiver (LCP)

A summary of Canadian Immigration System

Page 2: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision. Live-in caregivers must live in the private home where they work in Canada.

Both the employer and the employee must follow several steps to meet the requirements of the Live-in Caregiver Program (LCP).

Page 3: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

What do I need to qualify?Positive Labour Market Opinion

(LMO)Written contract Equivalent of Canadian High School

Page 4: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

6 months training OR At least 1 year full-time paid work

experience as caregiver OR RELATED field or occupation e.g. nurse

(including six months with one employer) in the past 3 years

Good knowledge of English or French Work Permit

Page 5: Live-In Caregiver (LCP) A summary of Canadian Immigration System

Labor 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.

You will need to submit a copy of this positive LMO when you apply for a work permit.

Page 6: Live-In Caregiver (LCP) A summary of Canadian Immigration System

Written Contract

You and your future employer are legally required to sign a written employment contract. You must submit the signed contract with your work permit application. This must be the same employment contract submitted to HRSDC/SC by your employer, unless you provide an explanation of any changes (for example, a new start date).

The written employment contract will ensure there is a fair working arrangement between you and your employer.

Page 7: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

The employment contract must demonstrate that the Live-in Caregiver Program requirements are met by including a description of:

mandatory employer-paid benefits, including:

Page 8: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

transportation to Canada from your country of permanent residence or the country of habitual residence to the location of work in Canada

medical insurance coverage provided from the date of your arrival until you are eligible for provincial health insurance

workplace safety insurance coverage for the duration of the employment

all recruitment fees, including any amount payable to a third-party recruiter or agents hired by the employer that would otherwise have been charged to you

Page 9: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

job duties hours of work wages accommodation arrangements (including

room and board) holiday and sick leave entitlements termination and resignation terms

Page 10: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

The use of an alternative contract format may delay the processing of the LMO application as HRSDC and Service Canada officers will need to determine if the contract complies with LCP requirements.

Page 11: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP-Equivalent of Canadian High School

You must have successfully completed the equivalent of Canadian high school education (secondary school). Because of the differences in school systems across Canada, it is not possible to give a precise number of years. In most provinces, it takes 12 years of schooling to obtain a Canadian high school diploma. The immigration officer assessing your application will let you know what is needed.

Page 12: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP-Training or Experience

To claim work experience, you need to have worked for one year, including at least six months of continuous employment for the same employer. This work experience must be in a field or occupation specific to what you will do as a live-in caregiver. This experience must have been acquired within the three years immediately before the day on which you make an application for a work permit as a caregiver.

Page 13: Live-In Caregiver (LCP) A summary of Canadian Immigration System

To claim training, it must have been full-time training in a classroom setting. Areas of study could be early childhood education, geriatric care, pediatric nursing or first aid.

Page 14: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP- Good Knowledge of English or French

You must be able to speak, read and understand either English or French so that you can function on your own in your employer’s home. For example, you must be able to call emergency services if they are needed, and to understand labels on medication. You will be unsupervised for most of the day and may have to communicate with someone outside the home. You can also read and understand your rights and obligations if you can function in English or French.

Page 15: Live-In Caregiver (LCP) A summary of Canadian Immigration System

Work Permit

To participate in the Live-in Caregiver Program, you must make an application for an initial live-in caregiver work permit at a visa office outside Canada.

If your application is successful, you will receive a letter of introduction from the Canadian visa office responsible for your area. You will need to present this letter to the Border Services Officer upon arrival in Canada in order to obtain your work permit.

Page 16: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Q: As a live-in caregiver, can I return to my home country for a vacation?

Yes, you can return to your home country for a vacation. The length of your vacation should be written in your employment contract. If you take a longer vacation than that, without written consent from your employer, you could lose your job in Canada.

Page 17: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

If you leave Canada before your application for permanent residence is approved, you may not be allowed to come back into Canada, especially if:

you come from a country whose citizens need a temporary resident visa to enter Canada; or

your work permit has expired and you no longer have legal status in Canada.

Page 18: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

In this case, if you cannot return to Canada for any reason, your application may be abandoned.

Before travelling, check with your country’s government for information on visiting or exit visa requirements. They may have changed while you have been working in Canada.

Citizens from some countries and territories must have temporary resident visas to enter Canada. If you are from one of these countries, you may have to get another visa before you can return to Canada. This could take time. Find out the rules before you leave Canada.

If you stay outside Canada for more than one year or if your work permit expires while you are outside Canada, you will have to reapply to return to Canada under the Live-in Caregiver Program.

Page 19: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Q: Can I go on vacation while my application for permanent residence is being processed?

A: Taking a vacation outside of Canada should not affect your application for permanent residence. However, if you leave Canada while your application is being processed, you may not be allowed to come back into Canada. Each time you come back, you must meet all the rules for entering the country.

Page 20: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

If you leave Canada and want to return, you must have:

a valid passport or other travel documents; a valid work permit, if you are returning to

work in Canada; and a valid temporary resident visa, if you are a

citizen of a country for which Canada requires one.

Page 21: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Q: What rights do I have as a live-in caregiver under labour or employment laws?

A: As a live-in caregiver, you have legal rights to fair working conditions and fair treatment under labour laws in most provinces and territories. Nothing in your contract or working conditions can violate these rights.

Page 22: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Your employment contract will help protect your rights as an employee. Find out more about the information that should be in your contract.

You also have the right to leave an unsatisfactory employer. Find out more about extending your stay if you change, lose or quit your job.

Regulation 185 of the Immigration and Refugee Protection Regulations lists the conditions that may be put on your work permit.

Page 23: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Working conditions, such as minimum hourly wages, vary widely across Canada. You should find out what the labour laws are where you work by checking with your provincial or territorial labour standards office.

Labour laws may cover rights in areas such as:

Page 24: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

days off each week; vacation time with pay; paid public holidays; overtime pay; minimum wage; maximum charges for room and board.

Page 25: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Public holidays are days when most workers, including live-in caregivers, can have the day off with pay or receive a premium for working, which could be overtime pay. In Canada, some common holidays are:

Page 26: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

New Year’s Day (January 1); Good Friday (the Friday before Easter); Victoria Day (late May); Canada Day (July 1); Labour Day (early September); Thanksgiving (mid-October); and Christmas Day (December 25). Some provinces or territories have one or two other

public holidays.

Page 27: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Q: As a live-in caregiver, what can I do if I feel my employer is treating me unfairly?

A: As a temporary foreign worker, your employment contract should clearly define your:

mandatory employer-paid benefits, job duties, hours of work,

Page 28: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

wages, accommodation arrangements (including room and

board), holiday and sick leave entitlements, and termination and resignation terms.If you feel like your employer is treating you unfairly,

you can call or write to the nearest provincial or territorial labour standards office for help. Your employer is not allowed to punish you for complaining to a labour standards office.

Page 29: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Q: What can I do if I feel I have been a victim of abuse?

A: Do not confront your abuser. Inform the police, or the provincial or territorial authorities, and let them investigate. A caregiver support network or advocacy group can also give you counselling and help.

Page 30: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

If you feel that you have been abused in your workplace, you may be eligible for emergency processing of a new live-in caregiver work permit. As a result, it will be easier for you to get a new job quickly. The Citizenship and Immigration Canada Call Centre can tell you more about emergency processing of live-in caregiver work permits.

Page 31: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Understand your rights: Canadian laws protect every worker in Canada. This

includes temporary foreign 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.

Page 32: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

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. An employer cannot punish you or have you deported for contacting an employment standards office.

Page 33: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

Q: How many hours of work experience do I need as a Live-in Caregiver to apply for permanent residence?

A: Live-in caregivers working in Canada under the Live-in Caregiver Program need a certain amount of work experience to apply for permanent residence. They can qualify with one of two amounts of experience:

Page 34: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP Q & A

24 months of authorized full-time employment; or 3,900 hours of authorized full-time employment. Live-in caregivers applying for permanent residence

under the Live-in Caregiver Program, must choose one of these options. Citizenship and Immigration Canada will assess the application according to the option the applicant chooses.

Page 35: Live-In Caregiver (LCP) A summary of Canadian Immigration System

LCP

Credits: Citizenship and Immigration Canada