You can bring in a caregiver or nanny under Canada`s Temporary Foreign Worker`s Program. Both caregivers and nannies that are being hired outside the country are usually classified as live in caregivers.
There are strict rules governing how live in caregivers are to be brought to Canada to work in the program.
It’s not only Citizenship and Immigration Canada that manages the program, but also Employment and Social Development Canada.
The first thing to know about hiring a foreign live in caregiver, is that you are required to try to hire a Canadian, a permanent resident or a foreign worker already in Canada to fill the position before you can hire a foreign worker outside of Canada. You will be asked to prove that you looked for a caregiver who is already living in Canada.
In order to be allowed to hire a live in caregiver from outside Canada, you must:
- Show that you can pay them;
- The caregiver must be providing care on a full-time basis:
- A minimum of 30 hours a week.
- Create a job offer for caregiving duties for one of two categories:
- Caregivers for children: Children are defined as being under 18 tears if age;
- Caregivers for children can also be nannies, which are considered lower-skilled and have their own requirements.
- Caregiver for people with high medical needs, which are classified as either:
- Elderly persons, 65 years or over; or
- People with disabilities, a chronic terminal illness.
- Have applied for a Labour Market Impact Assessment from Service Canada before November 30, 2014:
- The employment contract must have been included;
- Service Canada will work with ESDC to issue you an LMIA.
Change of rules regarding live in caregiver program
On November 30, 2014, a number of changes were made to the program that affect people who applied for the program on or after that date.
Those changes include:
- A caregiver from outside of Canada may not be hired though the Live-in Caregiver program if you haven’t applied for a LMIA before November 30, 2014;
- A foreign worker may now be hired through the temporary foreign worker program, provided you successfully applied for LMIA after November 30, 2014;
- If the caregiver is not part of the Live-In Caregiver program, then they don’t have to live at the home of their employer. However, if there is an agreement that the caregiver will be live-in, then it must be specified in the LMIA;
- You are allowed to hire a caregiver who is already part of the program. However, you must get an LMIA and the caregiver needs to get a new work permit.
In addition to all the above requirements and rules, there are requirements for caregivers that deal with education and language proficiency that must be fulfilled before they are allowed into the country.
Also important to know is that it’s the employer’s responsibility to make sure their caregiver has the required training, qualification and experience for the position.
If you want to hire a live in caregiver outside of Canada, or you want to become a live in caregiver in Canada and you a foreign national, you may want to consult with an immigration lawyer.
Families Hiring In-Home Caregivers
Determine Your Eligibility Hire a Live-in Caregiver