The Live-in Caregiver Program's goal is to bring qualified workers to Canada to do live-in work as caregivers when there are not enough Canadians to fill the available positions.

Successful applicants receive a work permit which allows them to work in Canada as live-in caregivers. After two years of employment, which must be completed within three years of the caregiver's arrival in Canada, live-in caregivers can apply in Canada to become permanent residents. They may be granted permanent resident status if they meet the requirements.

The Live-in Caregiver Program allows professional caregivers to work in Canada. Caregivers are individuals who are qualified to work without supervision in a private household providing care for children, elderly persons or people who have disabilities. The live-in caregiver must live in the employer's home.

There are four main requirements a nanny or caregiver must meet to qualify under the Live-in Caregiver Program:

1. A positive Labour Market Opinion (LMO) from an Employer in Canada
2. A written contract with your future employer, signed by you and your employer
3. Successful completion of the equivalent of a Canadian secondary school education
4. Good knowledge of English or French

Live-in criteria

An important requirement of the program is that the nanny/caregiver must live in the employer's home. The Live-in Caregiver Program exists only because there is a shortage of Canadians or permanent residents to fill the need for live-in care work.

Fees

The nanny/caregiver must pay a fee to have his/her application processed when they submit it to the visa office. The fee covers only the cost of processing, and it is not refundable if the visa office does not approve the application.

There will also be costs for a medical examination, security background check, passport and travel. It is the nanny/caregiver responsibility to pay for these costs unless the employer offers to pay them.

The Application Procedure

The employer submits a request to hire a nanny or caregiver to Human Resources and Social Development of Canada (HRSDC). HRSDC will ensure that no Canadian, permanent resident or other temporary worker already in Canada is qualified and available to take the employer's offer of employment. Once HRSDC has confirmed the job offer, it will send the employer a confirmation letter. At this point it is necessary to begin the process of applying for the work permit. Once completed, the application form must be sent to the appropriate visa office.

The nanny or caregiver will be asked for diplomas, school certificates or transcripts listing the courses he/she has taken. They may be disqualified from the program if they are not honest about their education, training and experience. They must provide information about their marital status and the number of children they have. This information will not affect the outcome of the application. The nanny or caregiver may be asked to attend an interview with a visa officer before the visa is issued. If the application form is incomplete, or they have not submitted allthe required documents, their application will be refused.

If the visa office approves the application, the nanny/caregiver will be given instructions for a medical exam. When CIC officials receive proof that the medical results are satisfactory and that they met all other requirements, the nanny/caregiver will be issued a work permit. The nanny/caregiver must also get a passport and a Canadian temporary resident visa (TRV), if required. The requirement for a passport and temporary resident visa will depend on their country of citizenship.

Because of an agreement between the Government of Canada and the Province of Quebec, there are differences in the way the program operates for caregivers who will be working in Quebec. For more information, please call our offices and request to speak with the in-house immigration consultant.

Passports and Visas

If you are coming from a country which does not require a visitor visa to enter, you will need a passport and you may also require a temporary resident visa. Please refer to the CIC Web site at http://cic.gc.ca/english/visit/visas.asp for the list of countries whose nationals need a visa to come to Canada.

The Contract

A signed employment contract between the nanny/caregiver and the employer is a legal requirement of the Live-in Caregiver Program. The employer must give the nanny/caregiver copy of the contract. It is part of the documentation that they must send to the visa office when making their application to work as a live-in caregiver. They will also require a copy of the contract if they need to request a new work permit. Both you and the employer must clearly understand the conditions of the employment before signing the contract. The relationship between employer and live-in employee is like any professional relationship. It is important to clearly set out what each person expects of the other to avoid any misunderstandings about the conditions of the working relationship.

The objective of setting out the relationship in a contract is to get the fairest working arrangement possible for both the nanny/caregiver and the employer. A contract can help to avoid future problems by protecting your rights and providing a clear statement of the nannys/caregivers obligations. A contract is a written, detailed job description that also describes the conditions of employment, including the maximum number of hours of work per week, and the wage rate for those hours of work. Nothing in the contract should violate provincial or territorial labour laws, which establish minimum employment standards such as the prevailing wage and overtime payment for additional hours worked.

Remember: your contract will indicate what job duties the employer expects of the nanny/caregiver and will help ensure that the employer fulfills his or her legal responsibilities to you.

How are contracts enforced?

The Government of Canada is not a party to the contract. NannyNanny.ca has no authority to intervene in the employer-employee relationship or to enforce the conditions of employment. It is the nanny/caregiver responsibility to know the laws that apply to them/employer and to look after their own interests. The contract will help to protect the rights as an employee by providing a written agreement of the conditions of the employment. The nanny/caregiver may use the contract as a basis for discussion with your employer if a misunderstanding should arise and visa-versa. The contract can also serve as a reference if a complaint to authorities responsible for labour or employment standards becomes necessary.

You are Protected

A live-in caregiver has legal rights respecting fair working conditions and fair treatment under employment standards legislation in most provinces and territories. Nothing in the contract must violate these rights. Employment standards legislation may cover rights in areas such as:

acation ime with pay;

paid public holidays;

overtime pay;

minimum wage;

other protection, including equal pay, equal benefits and notice of employment termination;

maximum charges for room and board;

Public holidays are days during the year when most workers, including live-in caregivers, can have the day off with pay or receive a premium if they work. In Canada, some common holidays are New Year's Day (January 1), Good Friday (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 additional public holidays.

Hospital and Medical Care Insurance

Under Canada's health insurance system, Canadian residents do not have to pay the cost of certain hospital and medical expenses. However, depending on the province or territory in which you work, you or your employer may be required to pay for you to be covered by the insurance plan. Once in Canada, contact the medical care or hospital insurance office in the province or territory where you are working for more information about the availability and cost of health insurance.

Workers' Copensation

In some provinces or territories, employers must register their employees in the plan; in other provinces or territories, participation is up to the employer. Since the plan is an insurance plan for employers, only the employer pays for it. Your employer cannot deduct money from your wages for this purpose. If workers' compensation is optional in the province or territory in which you will be working, it should be spelled out in your employment contract whether your employer will be participating in the plan.

Other Working Conditions

The nanny/caregiver has the right to privacy in the employer's home. For example, you should ask for a lock on the door of your room as well as a key to the employer's house. Off-duty time is yours to spend as you wish.

Your employer cannot insist that you spend your own time in his or her house. You also have the right to refuse to do work that is not covered by your contract with your employer. Your legal documents, such as your passport and work permit, are your private property. Do not give them to your employer.

Changing Jobs

Occasionally, live-in caregivers have reason or need to change employers. You do not need permission from your present employer to accept a job as a live-in caregiver with a different employer. You cannot be deported for quitting your job or for looking for other employment as a live-in caregiver.

Your new employer must have the offer of employment confirmed by HRSDC. Include a copy of HRSDC's letter, which confirms the confirmation of the offer of employment, with your application for a new work permit. You must get a new work permit before you begin to work for your new employer. You may call our offices to speak with our inhouse immigration consultant who will assist you with the application process.

If your work permit is about to expire and you have not yet found a new employer, or the HRSDC confirmation has not been processed, send your application to renew your work permit and a letter of explanation to the Case Processing Centre, Vegreville, Alberta, T9C 1C1, at least three weeks before the expiry date of your work permit. Be sure to include your file number, full name and date of birth, and keep a copy for yourself. Do not allow your work permit to expire, even for one day. It is your responsibility to keep your work permit valid. If your permit has expired, call our offices immediately!

Working for anyone other than the employer named on your work permit is illegal. You cannot accept trial employment where a new employer offers to "try out" your services for a few weeks or months to determine if you would be a suitable full-time employee. Trial employment is also illegal for an employer. Under the Live-in Caregiver Program, unauthorized employment will not count toward the two-year employment requirement to apply for permanent residence in Canada.

Thinking About Quitting?

You will improve your chances of getting another job if you have worked in one job for a considerable period of time. Before quitting your job (unless there are problems of abuse) you should try to solve your work problems by talking about them with your employer. It is reasonable for you and your employer to revise your contract periodically to be sure that it is suitable to both of you. Talk with your employer before taking any action to quit your job. If you decide to quit, give your employer enough notice so that arrangements can be made for your replacement. Check your contract to find out how much notice you have agreed to give your employer. However, you are encouraged to leave a physically abusive situation right away.

Applying for Permanent Residence in Canada

You must complete at least two years of employment as a live-in caregiver to apply for permanent residence in Canada. You must have completed these two years of employment within three years of your arrival in Canada. The two-year requirement does not include any extended time away from Canada. For example, if you go away on vacation for three months, that time will not be included as part of the two years of employment. In some countries, you may need to reapply for a temporary visitor visa before you return to Canada. If you leave Canada for more than one year or if your work permit has expired, you will have to reapply to the overseas visa office to return to Canada under the Live-in Caregiver Program. You are free to leave the program and return permanently to your home country at any time. However, you should give adequate notice to your employer if you intend to do so.

If you apply to stay in Canada, you must complete an application for permanent resident status. You may call NannyNanny.ca to speak with our inhouse immigration consultant to get more information or assistance with your application. You must prove that you have worked as a full-time live-in caregiver for two years. As proof of your employment, you can use a statement of earnings or T4 slips and any other documentation that would help to prove your work record. If you have changed jobs since your arrival in Canada, you should have a record of employment from each of your former employers. You will not have an ROE for your present job. If you have used your ROEs to apply for Employment Insurance, HRSDC staff can provide you with copies.

Your application for permanent residence in Canada will not be assessed on the basis of your financial situation, skills upgrading in Canada, volunteer work, marital status or the number of family members you have in your country of origin. However, you could be found ineligible for permanent residence if you, your spouse or common-law partner, or any of your family members have a criminal record or a serious medical problem.

Your application for permanent residence could be cancelled if you misrepresented your education, training or experience to the visa officer when you first applied under the program.

If you are a live-in caregiver working in Quebec, you will also be assessed by provincial authorities on additional criteria, including your knowledge of French. For further information, call our offices to speak with our inhouse immigration consultant.

Open Employment

Once you have received a favourable assessment on your application for permanent resident status, you may apply for an open work permit. This will allow you to take any job you wish until you are granted permanent resident status. You will not receive your permanent resident status immediately. Normally, there are many people applying for permanent residence in Canada at any given time, and it may take approximately one to two (1-2) years for your application to be processed.

Family Members

You can include your family members in your application for permanent residence. You and your family members can then obtain your permanent resident status at the same time. Your family members abroad will be processed for permanent residence at the visa office in their country of residence. They will not be issued their immigrant visas until you have received yours, provided that the entire family passes medical and criminal screening and all other requirements are met. All your family members must pass medical and background checks, whether they are accompanying you or not. You cannot be granted permanent resident status until all your family members have passed their medical and background checks.