Area of Law: Immigration Law
Answer # 663
Bringing a caregiver or nanny to CanadaRegion: Ontario Answer # 663
Under the Temporary Foreign Worker Program (TFWP), people in Canada are allowed to bring foreign workers into the country to work as caregivers through special, separate immigration programs:
- Home Child Care Provider Pilot Program & Home Support Worker Pilot Program
- The Live-in Caregiver Program (LCP) (currently closed to new applicants)
- In-Home Caregiver Program
- Interim Pathway for Caregivers (currently closed to new applicants)
These Programs are run by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC). To be approved, both the employer and the caregiver must satisfy several criteria, as well as complete the application process. To get help completing the application process, call a lawyer now.
1. Home Child Care Provider & Home Support Worker Programs
Caregivers currently have access to two, 5-year caregiver immigration pilot programs:
- Home Child Care Provider Pilot, and
- Home Support Worker Pilot.
These programs allow caregivers who are offered a job in Canada as a caregiver or who have experience working in Canada as a caregiver to come to Canada together with their families, and if they qualify, apply for permanent residence.
The government puts a cap on the number of applicants for each program every year. To find out if each program is currently open to new applications, and more information, including what qualifies as work experience, visit canada.ca
Application to become a permanent resident
To apply for permanent residence through the Home Child Care Provider Pilot or Home Support Worker Pilot Programs the caregiver must:
- meet the eligibility requirements, and
- have a job offer to work in one of these occupations
Visit IRCC for the more information.
2. The Live-in Caregiver Program (LCP)
In the past, the caregiver was required to live with the sponsoring family. This is no longer required. Although the Live-in Caregiver Program is currently closed to new applicants, caregivers already in the program can apply for permanent residence if they:
- have at least 2 years of work experience in the program and:
- are already working in Canada with an LCP work permit, or
- were approved for their first LCP work permit based on a Labour Market Impact Assessment submitted by their employer to Employment and Social Development Canada on or before November 30, 2014
Difference between in-home caregiver and live-in caregiver
In-home caregiver: someone who works in a private residence.
Live-in caregiver: someone who lives in the private residence where they provide caregiver services.
3. In-home Caregiver Program
According to Canada Immigration, families can hire a foreign In-Home Caregiver:
“to provide care, in a private residence, to children, seniors or persons with certified medical needs, when Canadians and permanent residents are not available.”
Foreign caregivers can be hired under the Temporary Foreign Worker Program (TFWP), if, along with working in the private household where the care is being provided, they also:
- provide care on a full-time basis (minimum 30 hours per week)
- meet the requirements set Employment and Social Development Canada (ESDC)/Service Immigration, Refugees and Citizenship Canada (IRCC)
There are two categories of in-home caregivers:
Caring for Children: caregivers for children under 18 years of age (child care provider, live-in caregiver, nanny (NOC 44100)
Caring for People with High Medical Needs: caregivers for people with high medical requirements:
- people 65 years of age and older,
- people with disabilities, or people with a chronic or terminal illness.
Visit IRCC for more info.
4. Interim Pathway for Caregivers
The Interim Pathway for Caregivers was a limited time pathway to permanent residence for qualifying in-home caregivers and their families. The Program ended on October 8, 2019, however, IRCC will continue to process applications that were made on or before that date.
Application process to bring a caregiver to Canada
Once the employer has found a suitable caregiver, there are a number of steps that must be completed in order for the caregiver to be allowed to come to Canada and begin their employment:
- There must be a contract between employer and caregiver.
- Employer submits an LMIA application to ESDC.
- A processing fee must be paid.
- Caregiver must obtain work permit.
The application process and other requirements to bring a caregiver to Canada may be different depending on the Program. Visit Immigration, Refugees and Citizenship Canada (IRCC) for more information including:
- requirements to become a caregiver;
- requirements for employers to hire a caregiver; and
- how to apply for temporary residence through each program.
To find foreign consulates and embassies in your province, click here.
A criminal record will delay, and can even prevent you from getting your immigration status. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
For legal advice and representation with your application, contact our preferred Immigration experts, Bright Immigration Consultants .
Immigration law in Canada is complex. Issues such as getting permanent residence or citizenship, sponsoring someone, and coming to Canada to study or work involve many steps and can be overwhelming. To get help, call a lawyer now.
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