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Temporary Foreign Worker Program

Immigration and Refugee Protection Regulations Amendments – Live-in Caregiver Program

In addition to the standard requirements to apply for a labour market opinion (LMO) under the Live-in Caregiver Program (LCP), Human Resources and Skills Development Canada (HRSDC)/Service Canada will also evaluate the following criteria starting April 1, 2011:

1. All employers hiring a live-in caregiver must use the new LMO application form specific to the LCP and provide:
   • the Canada Revenue Agency (CRA) business number
   • an explanation of how hiring a temporary foreign worker (TFW) meets the employment needs of the employer; and
   • a signed statement attesting that the employer will abide by the LCP requirements.

   In addition to the above mentioned requirements, the following documentation must now be submitted along with the new LMO application:

   • Proof of age or disability for the person requiring care:
     • Child: For each child (under 18) – long-form birth certificate or official adoption documents, or official proof of guardianship or medical doctor's note confirming the pregnancy and due date of the child. The parents must submit a long form birth certificate after the child's birth. Failure to do so may result in a refusal by Citizenship and Immigration Canada (CIC) to issue a work permit. If these are not available, any other official document issued by a government authority demonstrating the child to parent relationship (e.g. original birth certificate for children born abroad translated into English or French).
     • Senior: For each senior (65 and older) – birth certificate, Old Age Security Identification Card, passport or any other official documents showing the date of birth of the senior requiring care.
     • Disabled person: For each disabled person – medical certificate - (PDF 27KB) stating that the disabled person requires care (but not the nature of disability).
   • A detailed description - (PDF 38KB) of the private accommodations provided to the live-in caregiver.
   • A copy of your Notice of Assessment from the Canada Revenue Agency (CRA).  In exceptional cases where the person is not required to submit taxes in Canada, the employer can submit: paystubs, bank statements, the employer- employee contract or any other official documents proving that the employer has the income necessary to pay the live-in caregiver.

   Employers may also be required to provide, if requested by HRSDC/Service Canada, a provincial workers compensation clearance letter or other appropriate provincial documentation.

2. The genuineness of the job offer made to the live-in caregiver will be assessed based on whether the employer:
   • demonstrates a reasonable need for a full-time live-in caregiver to provide child care, elder care or care for a disabled person;
   • can provide adequate, private accommodations to the live-in caregiver;
   • has sufficient financial resources to pay the live-in caregiver.
   • the employer, or the third party representative who recruited the live-in caregiver on behalf of the employer, must be compliant with the relevant federal-provincial/territorial employment and recruitment legislation.
   
   
3. All returning employers must demonstrate that they have met the terms and conditions of employment set out in previous LMO confirmation letters and annexes (if applicable). In addition, some employers may be required to submit documentation to support a more detailed employer compliance review, including any or all of the following documents:
   • payroll records;
   • time sheets;
   • job descriptions;
   • copies of the employer-employee contract;
   • receipts for private health insurance (if applicable);
   • provincial workers compensation clearance letter or other appropriate provincial documentation;
   • receipts for transportation costs; and
   • information about accommodations provided by the employer.

   If it appears that the employer did not fully uphold the terms and conditions of employment set out in the LMO confirmation letter and annex (if applicable), the employer will have the opportunity to provide a rationale. In this case, HRSDC/Service Canada will work with the employer to implement the appropriate corrective action, which may include providing compensation to the live-in caregiver. Employers may be found non-compliant if they refuse to provide a rationale and/or provide only partial compensation to the live-in caregiver.

   If the employer is found to be non-compliant:

   • HRSDC/Service Canada may issue a negative LMO and revoke all positions on confirmed LMOs for which work permits have not yet been issued by CIC
   • CIC may deem the employer ineligible to hire TFWs for two years. The employer’s name, address and period of ineligibility may also be published on a list of ineligible employers posted on CIC Web site.

Live-in Caregiver Program

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Date Modified:

2012-02-01