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Becoming an Employer of Your Caregiver

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When you hire an overseas full-time, live-in caregiver, you are becoming their employer. This means that you’ll have to take some steps and follow guidelines to ensure you’re in compliance and simply to make sure this is a smooth process for you and your live-in caregiver.

1. The employer must obtain an Application for a Foreign (In-Home Caregiver application) from Service Canada. 2. The employer must submit the complete application to Employment and Social Development Canada (ESDC) that responsible and serving employer’s area. (There is a fee of $1000 to apply to ESDC to assess the LMIA application for Foreign Caregiver that is already in Canada).

If the hiring process appears difficult or stressful, just know that Mel & Jason of the Ontario Caregiver Recruit Agency Inc. have you taken care of and will assist you step by step!

3. The employer must attach any additional criteria that can help the assessment for faster decisions and reduce delays in the recruitment of your foreign live-in caregiver. (Occupation and duties required, wages and working conditions offered, your advertisement and recruitment efforts to find a Canadian or foreign worker already in Canada.)

4. If the employer hires a caregiver from overseas, LIMA is not required anymore and you no longer have to pay the LMIA processing fee. This was launched June 18 2019 as part of the Canada’s new caregiver immigration pilots. These aim to provide an easier pathway to Permanent Residence for Caregivers in Canada. 

Next Steps After the ESDC Approves Your Application for Hiring a Caregiver

1. Once they approve your job offer, the ESDC sends a letter confirming the approval of the application to the employer.

2. The employer forwards a copy of the ‘ESDC Confirmation Letter’, along with the mandatory ‘ Employer-Employee Contract’ to the foreign Nanny/ caregiver for her use in applying to the Canadian Embassy for her work permit.

3. The ESDC sends notice of the approval to Citizenship and Immigration Canada (CIC) at the visa post where the foreign caregiver will be applying for a work permit. The CIC will determine whether the foreign live-in caregiver will get a work permit and if they are qualified for this program and meet all the immigration requirements. The caregiver, in most cases, will be required to attend a personal interview at the Embassy.

Employer’s legal responsibilities

1. You must provide acceptable working conditions, reasonable duties and fair market wages. You must also provide accommodation that ensures privacy, such as a private room and a lock on the door. Your caregiver pays rent for a room in your home and is entitled to privacy.

2. Nanny/ caregiver are entitled to days off each week, statutory holidays, extra pay for overtime work and a salary that meets at least minimum wage.

3. Employers who employ a full-time nanny/ caregiver under the program, are required by federal law to register as an employer with the Canada Revenue Agency (CRA). You must make the proper deductions for Income Tax, Employment Insurance and Canada Pension Plan.

4. When you register as an employer, the CRA will provide you with an information guide which contains the necessary forms and instructions.

Useful Links

Human Resources and Skills Development Canada

Human Resources Development Offices Near You

Human Resources and Skills Development Canada

Canada Customs and Revenue Agency

How to request a business number for employer