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Immigration Amendments on Live-in Caregiver Program
In addition to the standard requirements, beginning April 1, 2011, Human Resources and Skills Development (HRSDC) will evaluate LMO applications under the Live-in Caregiver Program (LCP) based on the following criteria:
- Employer must use the new LMO application specific to LCP and provide:
Canada Revenue Agency (CRA) business number
Explanation of how hiring a TFW is necessary
A signed statement attesting that the employer will abide by LCP requirements
The following documentation must be presented along with the LMO application:
Proof of age or disability of person requiring care
CHILD – birth certificate or other government issued document
SENIOR – birth certificate, old age identification card or other government issued document
DISABLED PERSON – medical certificate
Detailed description of the private accommodations provided for the live-in caregiver
An Option C-printout which can be obtained from CRA providing information on income and its sources. In cases where the person is not required to pay taxes he can submit paystubs and bank statements.
Employers may also be required to provide a provincial workers compensation clearance letter or other provincial documentation.
- Employer must prove the genuineness of the job offer made to the live-in caregiver, based on whether he can:
Demonstrate a reasonable need for a full-time live-in caregiver
Provide adequate and private accommodation to the live-in caregiver
Comply with federal-provincial or territorial employment and recruitment legislations
- Returning employer must demonstrate that he met the terms and conditions of employment set out in previous LMOs. Some employers may be required to support a more detailed compliance review and present documents such as: payroll records and timesheets, job descriptions, job contract, receipts of private health insurance if applicable, provincial documentations, receipts of transportation cost and information on accommodation provided by the employer.
In the event that the employer is unable to abide by the conditions in the LMO, he will have to provide a rationale. HRSDC may work with the employer for corrective actions such as providing compensation to the live-in caregiver. If found non-compliant, HRSDC will issue a negative LMO and revoke all confirmed LMOs for which work permits have not yet been granted. Moreover, the employer will not be able to hire a TFW for 2 years while his name, address and other information will be posted on the list of ineligible employers on the CIC website. Click here for the official advisory by HRSDC.
