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).
Changes to Canada’s Caregiver Program took effect on November 30, 2014. Find out how this might affect you:
- If you have not worked in Canada under the Live-in Caregiver Program and your employer’s Labor Market Impact Assessment application was received by Service Canada after November 30, 2014: you must apply for a regular work permit.
- Before that, you must make sure you are eligible for one. Whether you are eligible or not depends on a few things, including where you plan to apply for your work permit.
Apply from outside Canada
Anyone may apply for a work permit before they enter Canada. In some cases, you must apply to a visa office outside Canada. This is usually true if you need a visa to enter Canada or if you need to have a medical exam before you come to the country. (For a more comprehensive guide please check cic.gc.ca) New measures have been introduced for foreign workers in Canada and Canadian employers who are hiring them.
Apply from inside Canada
You can only apply for a work permit from inside Canada if you:
- Are currently in Canada and have a valid study or work permit, or your spouse or parents have a study or work permit, have graduated from a program at a Canadian university, Community college, CÉGEP, publicly funded trade/technical school or other eligible school, have a temporary resident permit that is valid for six months or more, or are in Canada because you have already applied for permanent residence from inside Canada (you will have to pass certain stages in the main application process to be eligible for a work permit).
Apply as you enter Canada
You can ask to be allowed to work in Canada as you enter Canada but only if:
- You do not need a visa,
- You already hold a valid medical certificate, if you need it for your job, and
your employer does not need a Labor Market Impact Assessment (LMIA) for your job (with some exceptions) or you already have an LMIA. - If you have not worked in Canada under the Live-in Caregiver Program and your employer’s Labor Market Impact Assessment (LMIA) application was received by Service Canada on or before November 30, 2014: You may apply for a Live-in Caregiver Program (LCP) work permit. To meet the work requirement to apply for permanent residence under the Live-in Caregiver Program, you must continue living in the home of your employer.
If you already have a LCP work permit and you want to extend it or change jobs to work with another employer who agrees to a live-in arrangement: You may apply for a Live-in Caregiver Program (LCP) work permit. If you are changing jobs, you must seek a new employer who:
- agrees to a live-in arrangement, and
- who requested and received an LMIA for a caregiver to live in their home.
Before you leave your present job, you must request these documents from your employer:
- a record of any overtime hours you worked; and
- a record of employment (ROE). The ROE indicates:
- Your reason for leaving
- Hours worked
- Gross earnings
- Any money paid or payable at the time you left your job.
Only your employer can get and complete the ROE. Your employer is legally responsible to give you an ROE and cannot refuse to do so. If you have difficulty getting your ROE, contact your local ESDC/SC center and ask officials to contact your employer.
If you choose to live out of your employer’s home, you will be leaving the Live in Caregiver Program: You will need to apply for a regular work permit. Your current or future employer will need a new Labor Market Impact Assessment (LMIA) before you apply. The work you do on a live-out basis may count towards the work requirement in order to apply through either the Caring for Children or Caring for People with High Medical Needs pathway.
