EMPLOYEE (CAREGIVER)
Are you interested in working as a live-in caregiver?
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 you must meet to qualify under the Live-in Caregiver Program:
- You must have successfully completed the equivalent of a Canadian high school education. This requirement will help to ensure that if you apply for permanent residence after two years as a live-in caregiver, you will be able to succeed in the general labour market. Studies indicate that the majority of new jobs in Canada require at least a high school education.
- You must have six months of full-time training in a classroom setting or twelve months of full-time paid employment, including at least six months of continuous employment with one employer in a field or occupation related to the job you are seeking as a live-in caregiver. You may have gained your training or experience in areas such as early childhood education, geriatric care, pediatric nursing or first aid. You may also have completed your training as part of your formal education. This experience must have been obtained within the three years immediately prior to the day on which you submit an application for a work permit.
- You must be able to speak, read and understand either English or French at a level that allows you to function independently in a home setting. For example, you must be able to contact emergency services if required and to understand labels on medication. You will be unsupervised for most of the day and may be required to communicate with someone outside the home. A good knowledge of English or French will also enable you to read and understand your rights and obligations.
- You must have a written employment contract between you and your future employer. The contract defines your job duties, hours of work, salary and benefits. The contract also reinforces your employer's legal responsibilities to you. This requirement helps provide a fair working arrangement between the caregiver and the employer and provides both parties with a clear understanding of what is expected of them.
Live-in criteria
An important requirement of the program is that employees 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. There is no shortage of Canadians or permanent residents available for caregiving positions where there is no live-in requirement.
Fees
You must pay a fee to have your application processed when you submit it to the visa office. You should contact the Canadian Consulate, Embassy or High Commission nearest you to find out the amount of the fee, or check the visa office Web site at www.cic.gc.ca/english/offices/missions.html. The fee covers only the cost of processing, and you will not get your money back if the visa office does not approve your application. Therefore, you should review the program requirements carefully before making an application.
There will also be costs for a medical examination, passport and travel. You are responsible for these costs unless your employer offers to pay them.
The application procedure
Your prospective employer will submit a request to hire you to a Human Resources Centre Canada (HRCC). The HRCC 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 the HRCC has confirmed the job offer, it will send the prospective employer a confirmation letter. This letter will instruct your prospective employer to send a copy of the confirmation letter to you. You and your prospective employer should check the visa office Web site for specific information about the next step: applying for a work permit. It is up to you and/or your employer to download the appropriate application forms from the Web site, complete them and send them with the application fee and supporting documents to the visa office.
You will be asked for your diplomas, school certificates or transcripts listing the courses you have taken. You could be disqualified from the program if you are not honest about your education, training and experience. You must provide information about your marital status and the number of children you have. This information will not affect the outcome of your application. You may be asked to attend an interview with a visa officer. If your application form is incomplete, or you have not submitted all the required documents, your application will be refused.
If the visa office approves your application, you will be given instructions for medical tests. When CIC officials receive proof that your medical results are satisfactory and that you have met all other requirements, you will be issued a work permit. A work permit is not a travel document. You 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 your country of citizenship (see "Passports and visas").
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, visit the Web site of the minist�re de l'Immigration et des Communaut�s culturelles (Quebec Immigration) at www.immigration-quebec.gouv.qc.ca.
Passports and visas
Citizens and permanent residents of the United States, St. Pierre and Miquelon, and Greenland do not need a passport or a temporary resident visa to enter Canada. However, you must provide documentary proof of citizenship or permanent residence, such as a national identity card or an alien registration card.
If you are coming from any other country, you will need a passport and you may also require a temporary resident visa. Please refer to the CIC Web site for the list of countries whose nationals need a visa to come to Canada.
The work permit
A work permit from a Canadian visa office will allow you to work in Canada as a live-in caregiver. The work permit is valid for one year, and you must renew it before it expires. You can get an application guide to renew your work permit by contacting the CIC Call Centre at the number listed at the end of this publication or by visiting the CIC Web site. You will need a letter from your employer stating that your job as a live-in caregiver is being offered for another year and a signed contract between you and your employer. Include this letter and a copy of the contract in your application to renew your work permit. You are authorized to work only for the employer named on your permit. However, this does not mean you cannot change employers for personal or other reasons. Both you and your employer should be aware that you are free to change employers while in Canada. Citizenship and Immigration Canada will not deport you for looking for another place to work. You must have received a new work permit before you begin working for a new employer (see "Changing jobs").
Involvement in any illegal activity could result in the cancellation of your permission to work in Canada. For example, you cannot work for any employer except the one named on your work permit. You cannot accept employment for any type of work except as a live-in caregiver. You cannot work for a new employer, even for a trial period, until you have a new work permit naming the new employer.
The contract
A signed employment contract between you and your employer is a legal requirement of the Live-in Caregiver Program. Your employer must give you a copy of the contract. It is part of the documentation that you must send to the visa office when making your application to work as a live-in caregiver. You will also require a copy of the contract if you need to request a new work permit. Both you and your employer must clearly understand the conditions of your 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 you and your employer. A contract can help to avoid future problems by protecting your rights and providing a clear statement of your 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 minimum wage and overtime payment for additional hours worked.
To ensure that the contract is effective, think carefully about what it is for and how you will use it. Later in this booklet, we have provided an example of a contract to assist you. How closely you and your employer follow it in setting up your own contract is up to the both of you. Remember: your contract will indicate what job duties your employer expects of you and will help ensure that your employer fulfills his or her legal responsibilities to you.
How are contracts enforced?
The Government of Canada is not a party to the contract. We have no authority to intervene in the employer-employee relationship or to enforce the conditions of employment. It is your responsibility to know the laws that apply to you and to look after your own interests. The contract will help to protect your rights as an employee by providing a written agreement of the conditions of your employment. You can use the contract as a basis for discussion with your employer if a misunderstanding should arise. The contract can also serve as a reference if a complaint to authorities responsible for labour or employment standards becomes necessary. You should contact the ministry responsible for labour or employment standards in the province or territory where you live and work if you have any questions, difficulties or complaints regarding your employment as a live-in caregiver. A list of provincial and territorial ministries responsible for labour or employment standards appears at the end of this booklet.
You are protected
As a live-in caregiver, you have legal rights respecting fair working conditions and fair treatment under employment standards legislation in most provinces and territories. Nothing in your contract must violate these rights. Employment standards legislation may cover rights in areas such as:
- days off each week;
- vacation time 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.
Working conditions, such as minimum hourly wages, vary widely in Canada according to provincial or territorial law. It is your responsibility to find out what employment protection is offered by law in the province or territory where you are working. A list of ministries responsible for labour standards is included at the end of this booklet.
Know your rights
You should not accept ill treatment from your employer. Know your rights and be familiar with the conditions of your contract. Under most provincial and territorial labour laws, employers cannot refuse to pay you for overtime work or force you to work excessive hours, nor can they have you deported if you refuse or complain. You should find out the maximum amount that your employer can legally deduct for room and board from your salary, and how meal charges will be calculated. Charges for meals not eaten at your employer's home cannot be deducted from your salary.
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. You can find this information in the government section of the telephone directory.
Workers' compensation
Many provinces and territories provide for workers' compensation benefits. The Workers' Compensation Plan is a provincial or territorial government insurance plan that will pay your wages if you get sick or are injured on the job. 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. Check the government section of the telephone directory for information on workers' compensation. Find out how to protect yourself and what steps to take if you have an accident at work.
Other benefits: Employment Insurance, Canada Pension Plan and Old Age Security
As a live-in caregiver in Canada, you are covered by Employment Insurance (EI). The purpose of EI is to provide you with benefits if you lose your job through no fault of your own. You may be eligible to receive benefits while you are looking for another job. However, Live-in Caregiver Program participants are expected to find a new employer as soon as possible. While you are working, you pay into the EI account through payroll deductions. The amount deducted depends on how much you earn. Your employer also pays into the EI account on your behalf. Your employer must remit both your deduction and his or her contribution to the government. If you lose your job, the EI account will pay you benefits if you qualify.
The Canada Pension Plan (CPP) is another plan to which both you and your employer must contribute. The CPP provides for the payment of a retirement pension as early as age 60 if you are no longer working or are working very few hours. The plan also pays disability pensions as well as benefits to the spouse or common-law partner and dependent children of contributors who die. Before you can receive any benefits, you must meet certain conditions of eligibility, including residence requirements. For example, if you work in Canada for only one or two years and then return to your country of previous residence, you will not qualify for a pension.
The Old Age Security (OAS) program provides for the payment of a monthly benefit to residents of Canada who are at least 65 years old. You do not have to contribute directly to this program.
Your employer must include a statement of earnings with your pay cheques. This statement will show your gross and net earnings, specific deductions, the purpose of these deductions and the total hours worked (including overtime) during that pay period.
For more information about EI, CPP or OAS, contact the HRCC nearest you once you are in Canada or visit Human Resources Development Canada's Web site at www.hrdc-drhc.gc.ca.
Other deductions from your pay
In addition to an agreed-upon amount for room and board, your employer can also deduct income tax from your pay. Your employer must send a record of your wages and deductions to the Canada Customs and Revenue Agency (CCRA) every year. Your employer must also give you a copy of this record by the end of February each year, in the form of a T4 slip. This form will allow you to file your income tax report by April 30 of each year. Depending on the amount of your earnings in the taxation year (which runs from January to December), you may be refunded all or part of what you paid for that year in income tax. You can obtain the income tax form and a booklet to help you complete it at any Canada Post office.
Other working conditions
You have the right to your privacy in your 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.
Studying in Canada
Live-in caregivers who wish to pursue academic or professional courses will require a study permit if the duration of the course or program of study is longer than six months. Applicants for study permits must be aware that the main purpose for their presence in Canada is to work as live-in caregivers. Live-in caregivers may also enrol in non-credit special interest studies without a study permit.
You can obtain the application guide for a study permit by contacting the CIC Call Centre or by visiting the CIC Web site. You must pay a processing fee for your study permit.
If you need help
If your employer treats you unfairly, you can call or write to the nearest provincial or territorial labour standards office. These offices are listed at the end of this booklet. Your employer cannot penalize you for complaining to these agencies. The agency may ask if you have tried first to resolve the problem by talking to your employer. Your employer may not realize that there is a problem, and you may be able to solve it by letting your employer know how you feel.
In every province and territory, there are private and public agencies ready to offer encouragement, advice and help if you experience other difficulties such as stress, anxiety or any other problem. These agencies are usually listed in the telephone directory. In some locations, there are also professional support networks for live-in domestics or caregivers. A list of these support networks appears at the end of this booklet. There is usually no charge for these services. In some cities, there are telephone services that provide recorded information on legal matters free of charge.
Human Resources Centres Canada offer employment services. To find out which HRCC serves your area, consult the government section of your telephone directory or visit the Human Resources Development Canada Web site.
What is abuse?
Abuse can take many forms. It can include criminal acts such as assault, sexual assault or negligence; it can be human rights violations such as harassment, verbal taunting or behaviour towards you that is degrading or humiliating. It can be a threat or a false accusation by your employer meant to frighten you into not complaining.
The best protection against abuse is information. Be sure that you know your rights and what steps to take if something goes wrong. Depending on the nature of the incident, abuse may be an offence under the Criminal Code or a violation under provincial or federal human rights legislation.
Do not confront your abuser. Inform the police or the responsible provincial or territorial authorities and let them take care of the investigation. A domestic worker advocacy group may also be able to provide you with counselling and support in a situation of abuse. A list of these groups is provided at the end of the booklet.
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. You should be aware that it is your responsibility to find a new employer. Your HRCC may be able to provide information about available live-in caregiver positions.
Your new employer must have the offer of employment confirmed by an HRCC. Include a copy of the HRCC'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 can get an application guide for your work permit by contacting the CIC Call Centre or by visiting the CIC Web site.
If your work permit is about to expire and you have not yet found a new employer, or the HRCC 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.
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 (see "Applying 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.
Breaking the contract
If you leave your job, your employer must provide you with a record of employment (ROE). Only your employer can get and complete this document. The ROE shows how many weeks you have worked and how much you have earned. You will need this record to apply for EI benefits. If you are not applying for EI benefits, keep your ROE in a safe place. It is your work record and can serve as proof that you have worked the necessary length of time to apply for permanent residence as set out in the Live-In Caregiver Program regulations. Your employer cannot refuse to give you a record of employment. If you are having difficulty getting your ROE, contact your local HRCC and ask officials to follow up with your employer.
Remember that if you change jobs, you must have another contract with your new employer.
Any live-in caregiver who decides to live out, or who accepts any other type of employment, can be disqualified from the program.
If you lose your job
If you need to apply for EI benefits, contact the HRCC nearest you. You will need your record of employment to collect these benefits. If you have not yet received your record of employment, you can still apply for EI. You will be expected to find a new employer as soon as possible. If you wish to apply for permanent residence after you have worked for two years as a live-in caregiver, the two years of work must be completed within three years of your arrival. Periods of unemployment can delay the date on which you can apply for permanent residence and could also cause you to exceed the three years within which you must complete your two years of work.
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 apply to stay in Canada, you must complete an application for permanent resident status. You can obtain an application guide by contacting the CIC Call Centre or by visiting the CIC Web site. 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, HRCC 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, visit the Web site of the Minist�re de l'Immigration et des Communaut�s culturelles (Quebec Immigration).
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 time 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.
You can obtain information about sponsorship and other immigration-related issues by contacting the CIC Call Centre or by visiting the CIC Web site.
Application kit for the Philippines
from Citizenship and Immigration Canada (CIC).