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| 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. |
Who can apply as a LIVE-IN CAREGIVER?
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·Men and women of ages between 19 and 50
years |
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Completed secondary education (High School Diploma).
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At least 12 months experience in caring for
children, elderly or disabled. |
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If you have education and training in nursing or
teaching, you may apply as a live-in caregiver without
previous experience. However, we strongly recommend that
you have at least a few months experience – it will help
you to find employment and it will be easier to obtain
the employment authorization. |
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English or French language skills – you have to be
able to understand and communicate with your employer,
and with many outside parties (doctors, sales persons in
stores, government offices, etc.) |
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You must be willing to live in the house of your
employer – this requirement is the main condition –
there are enough Canadian workers who are willing to do
the work while living outside the house of the employer.
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| How MENTOR assists you: -
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| With the coordination of Canadian associate’s
office we will assist you all services related to finding your
employer and negotiate your contract. We will take care of all
matters related to obtaining the approval of your employment
offer by the Human Resources and Skills Development Canada
(HRSDC) and your application for employment authorization at
the visa office where your residence belongs. |
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Evaluation of your qualifications. |
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Screening of your references. |
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Preparation of your resume. |
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Preparation of your profile. |
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Organizing interviews with Employers. |
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Placement with Canadian employer. |
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Negotiation of your contract and working conditions.
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Ensuring that your employer offers you most
competitive wages and living arrangements. |
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Ensuring that your employer knows about the payments
he/she is required to make as per the Canadian Labour
laws towards Canada pension plan, employment insurance,
and vacation pay to you. |
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Preparation of your application for employment
authorization. |
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Obtaining the employment authorization from
HRSDC. |
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Sending your documentation to the Canadian High
commission in the Country of your residence.
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| If you wish to apply or know more about our
services kindly fill the following form. http://www.nanny-caregiver.com/ |
| 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 care giving positions where there is
no live-in requirement. |
| The employment 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. |
| 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. |
| 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. |
| 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, Employment
Insurance (EI) covers you. 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. |
| 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 enroll 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. |
| 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 Ministère
de l’Immigration et des Communautés culturelles (Quebec
Immigration). |
| Open employment |
| Once you have received a favorable 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. |
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