Live-In Caregiver (LCP)

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

2. 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).

3. LCP • What do I need to qualify? • Positive Labour Market Opinion (LMO) • Written contract • Equivalent of Canadian High School

4. 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

5. 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.

6. 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.

7. 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:

8. 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

9. LCP • job duties • hours of work • wages • accommodation arrangements (including room and board) • holiday and sick leave entitlements • termination and resignation terms

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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:

24. LCP Q & A • days off each week; • vacation time with pay; • paid public holidays; • overtime pay; • minimum wage; • maximum charges for room and board.

25. 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:

26. 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.

27. 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,

28. 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.

29. 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.

30. 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.

31. 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.

32. 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.

33. 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:

34. 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.

35. LCP • Credits: • Citizenship and Immigration Canada