Live-in caregiver program

Transcription

1 Live-in caregiver prgram The Act and Regulatins Fr legislatin regarding the LCP, please refer t: Definitin f live-in caregiver R2 Cmplete applicatin R10 Live-in caregiver class R110 Prcessing R111 Wrk permits: requirements R111, R112 Permanent residence R113 Family members: requirements R114 Cnfrmity: applicable times R115 Frms required The frms required are shwn in the fllwing table: Applicatin fr a Wrk Permit Made Outside f Canada IMM 1295B Applicatin fr a Temprary Resident Visa Made Outside f Canada IMM 5257B Additinal Family Infrmatin IMM 5406E Live-in caregivers wrking in Canada under the Live-in Caregiver Prgram: have up t fur years frm the date f their arrival in Canada t cmplete the emplyment requirement t be eligible fr permanent residence under the live-in caregiver class; and may chse between tw ptins fr calculating their emplyment requirement fr permanent residence: 24 mnths f authrized full-time emplyment, r 3,900 hurs (within a minimum f 22 mnths which may include a maximum f 390 hurs f vertime) f authrized full-time emplyment. The emplyer must: Pay fr the caregiver s health insurance at n cst t the caregiver until he/she becmes eligible fr prvincial health insurance. Enrl the live-in caregiver in prvincial wrkplace safety insurance (als knwn as wrkers cmpensatin) r equivalent insurance if the frmer is nt available. Pay fr the services, fees and csts f a recruitment r third party agency if yu are using ne fr recruiting the caregiver. Emplyers are nt permitted t recup recruitment fees frm livein caregivers. Pay fr transprtatin csts fr the caregiver t travel frm the caregiver s cuntry f permanent residence t the lcatin f wrk in Canada (where caregiving will take place). Or if the caregiver is already in Canada, the emplyer must pay the transprtatin csts fr the caregiver t travel t the new place f wrk in Canada. Submit t HRSDC/Service Canada an emplyment cntract with the Labur Market Opinin applicatin t hire a freign live-in caregiver. The emplyment cntract must include the duratin f the cntract, duties f the psitin, wages, hurs f wrk (including vertime, hlidays, and sick leave), accmmdatin arrangements, as per prvincial and municipal

2 standards; transprtatin csts; health insurance; terms f resignatin and terminatin; and registratin fr prvincial wrkplace safety insurance. Keep recrds f the number f regular and vertime hurs the live-in caregiver has wrked fr yu n a weekly/mnthly basis. The caregiver will need this infrmatin fr their applicatin fr permanent residence. Review and adjust the freign caregiver's wages t ensure they meet r exceed HRSDC's requirements (as per HRSDC's Wages table). Ensure that yu are nt emplying a freign natinal ther than in a capacity they are authrized t wrk (yu shuld ask t see, but nt keep, their wrk permit t ensure that yu are identified as the authrized emplyer and t cnfirm the duratin f that authrizatin). Remember, yu are nt permitted t take away the wrk permit frm the caregiver r keep it. Ensure that yu are nt emplying a live-in caregiver withut a valid wrk permit identifying yu specifically as the emplyer.

3 Minimum recruitment effrts required: Advertise n the natinal Jb Bank (r the equivalent in Newfundland and Labradr, Saskatchewan, Quebec r the Nrthwest Territries) fr a minimum f 14 calendar days during the three (3) mnths prir t applying fr a LMO. A secndary surce f advertisement (e.g., newspaper, recgnized Internet site, in the cmmunity) is encuraged but nt required. When advertising n the natinal Jb Bank, yu can prvide as Cntact Infrmatin yur telephne, cell phne r fax number, r an r P.O. Bx address. The Cntact Infrmatin can als be that f the third-party representative. When yu apply fr a live-in caregiver yu must always include: Emplyer business number frm the Canada Revenue Agency The advertisement must include: Title: Live-in caregiver (include fr a senir, child r persn with disabilities) Terms f emplyment: Full-time and live-in Salary: Wage being ffered Lcatin: Cmmunity/neighburhd lcatin r majr intersectin Skills requirements: Educatin: Secndary schl r equivalent Experience: One year r mre f full-time experience during the past three years Wrk setting: Private hme Wrk lcatin infrmatin: Reside in a private husehld fr the duratin f the emplyment; private accmmdatins prvided; amunt f rm and bard charged (if applicable) Emplyer's name: First name nly (nt necessarily the full name); it cannt be the name f an agency r third-party representative. Cntact infrmatin: Telephne r cell phne number, address r PO Bx number f the emplyer. The Cntact Infrmatin can als be that f a third-party representative HRSDC/Service Canada reserve the right t require alternative r additinal advertising effrts (i.e., increased duratin (length f time) r brader advertisement (whether lcal, reginal, r natinal)) if, HRSDC/Service Canada deems that additinal effrts wuld yield qualified Canadian citizens r permanent residents wh are available t wrk. Emplyer Authenticatin In rder t strengthen the integrity f the Live-in Caregiver Prgram, yu are required, when applying fr a LMO, t: Prvide yur Canada Revenue Agency Business Number;

4 Submit an attestatin that is included in the LMO applicatin signed by a guarantr testifying t yur identify; When applicable, indicate that yu are applying t replace a caregiver wh was unable t cme t Canada (even thugh yu received a psitive LMO); failure t d s will result in a refusal. Third-party Representative A third-party representative acting n yur behalf can advertise fr a live-in caregiver n the natinal Jb Bank (r the equivalent in Newfundland and Labradr, Saskatchewan, Quebec, r the Nrthwest Territries) and n any secndary surce (e.g., newspapers, recgnized Internet sites, in the cmmunity). In all cases, the third-party representative : Must be prepared t prvide, if requested by HRSDC/Service Canada, yur Canada Revenue Agency Business Number; Can include his Cntact Infrmatin n the advertisement; Can nly pst ne advertisement per live-in caregiver psitin (a single ad fr multiple psitins is nt permitted); Wh advertised fr mre than ne psitin fr the same emplyer r multiple emplyers, must mentin it in the LMO applicatin. HRSDC/Service Canada sends a cnfirmatin letter t the emplyer. The third-party representative receives a letter ntifying him that the cnfirmatin letter was issued.

5 Hw t apply fr a Labur Market Opinin T apply t Service Canada fr a Labur Market Opinin (LMO), please first print and review the Checklist - (PDF 106 KB) that must be submitted with yur applicatin. 1. Agree t the cnditins as utlined in the Live-in Caregiver Prgram 2. Undertake the required advertisement effrts 3. Prvide the wages and wrking cnditins required in yur prvince 4. Apply fr a Canada Revenue Agency Business Number Submit the fllwing dcuments which must be signed by the emplyer and third-party representative (if applicable) 5. The LMO Applicatin Frm 1. n-line r 2. Paper 6. The Emplyment Cntract 7. Appintment f Representative frm, included with the applicatin (if applicable) 8. Emplyers using a third party representative must cmplete the "Annex t the Appintment f Representative" frm and send it with the LMO applicatin. 9. Live-in Caregiver Bedrm Descriptin - (PDF 38KB); Other dcuments t be submitted 10. A cpy f yur Ntice f Assessment frm the Canada Revenue Agency (CRA); 11. Cpies f advertisements, if applicable; 12. Attestatin f Identity Authenticatin, fr each emplyer (if applicable) included with the applicatin; 13. Prf f age and prf f parentage fr each child, if care is fr children (under 18): lng-frm birth certificate r adptin certificate, r medical dctr's nte cnfirming the pregnancy and due date f the child; r 14. Prf f age fr each senir, if care is fr senir peple (65 and lder): ne f the fllwing: cpies f birth certificate shwing the date f birth, passprt, ld age security card; r 15. Medical Disability Certificate - (PDF 27KB ) fr each disabled persn (if applicable). NOTE - Additinal dcumentatin that MAY be required: If the jb is lcated in the prvince f Quebec, yu must als apply fr a Québec Certificate f Acceptance (certificat d'acceptatin du Québec) frm the Ministère de l'immigratin et des Cmmunautés culturelles (MICC) and submit the emplyment cntract required by MICC. If the jb is lcated in British Clumbia, yu must register the freign live-in caregiver with the BC Ministry f Skills Develpment and Labur. If the jb is lcated in the prvince f Manitba, yu must apply fr a Certificate f Registratin frm the Gvernment f Manitba's Emplyment Standards Divisin befre applying fr an LMO. Cnsult the Questins and Answers fr mre infrmatin abut the Manitba's new Wrker Recruitment and Prtectin Act.

6 16. Send all dcumentatin t: Service Canada Freign Wrker Prgram P.O.Bx 6500 Trnt LCD, Dwnsview A Trnt ON M3M 3K4 Or by Fax: r (tll free) Yu will receive a letter frm Service Canada cnfirming whether yur applicatin was apprved r denied. If yur applicatin is apprved: Send a cpy f the Service Canada cnfirmatin letter and the emplyment cntract, riginally signed by yu, t the live-in caregiver. Ask the live-in caregiver t apply t Citizenship and Immigratin Canada (CIC) fr a wrk permit and include a cpy f the Service Canada letter and the emplyment cntract which he/she must als sign. CIC will assess the freign caregiver's applicatin, including the emplyment cntract signed by bth the live-in caregiver and the emplyer, and if the assessment is psitive, the freign caregiver will receive a wrk permit that makes him/her eligible t wrk fr a specific emplyer and under established wrking cnditins and fr a particular duratin in Canada.