LMIA For Caregivers - LIVIN Immigration Edmonton

How to Get a Caregiver LMIA

Everything you need to know about requirements, the application process and future benefits for caregivers in Canada

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What is a caregiver LMIA?

Caregiver LMIA facilitates hiring temporary foreign workers for child and medical care needs, such as licensed nurses, nannies, and home-support workers. This stream is developed to resolve the labor shortage problems and assist employers in Canada.

According to the Temporary Foreign Worker Program, foreign caregivers must:

Fulfill the benchmark requirements set by Employment and Social Development Canada(ESDC)/IRCC.
Assist on a full-time basis (minimum 30 hours)
Work in a private household.

Caregiver LMIA requirements

Unlike other immigration programs, LMIA requires employers to follow specific requirements when applying for LMIA:

Processing Fees

The employer must furnish $1000 as processing fees for each position requested to cover the LMIA application cost.

Collateral Expenses

Along with processing fees, recruitment fees might also attract that may include advertising fees, fees paid to foreign nationals for finding a suitable TFW, fees for getting advice in hiring a foreign national, and for seeking third-party assistance and in various other scenarios.

Record of Employment (ROE)

Employers must provide employees with their employment history. Employees use it to apply for permanent residency and employment insurance benefits. The employment history generally contains the number of hours worked and the wages paid.

Business Number

Canada revenue agency business number: Employers must procure a business number which is a 15-digit number provided by the Canada revenue agency for tax purposes and to pay workers remuneration, fulfilling the requirements for advertising on websites of national job banks or provincial counterparts, TFW applications program, issue ROE and pay stubs, fulfill registration requirements and deduct workers’ wages as defined by law.

Education, Training, and Experience

Employers must ensure that the caregiver has the required expertise, qualification, and experience to perform the duties. For example, in the case of high-skilled occupations, the caregiver must have a post-secondary education. In contrast, the caregiver might possess experience and on-the-job training in low-skilled occupations. Further, all the arrangements for certification, licensing, and registration that employees require should be handled by their employers

Language Requirements

Language Restriction: As per 203 (1.01) of the Immigration and Refugee Protection Regulations, only English and French are recognized by employers in LMIA applications and job advertisements unless the employer specifies the need for another language for the role.

Financial Ability

The employer must be able to pay the caregiver’s wages. In pursuance of this, employers must submit the latest notice of assessment from CRA and fill in the financial ability section of the LMIA application.

Transportation

Employers must pay the transportation costs incurred by the low-wage in-home caregivers to the work location in Canada and maintain the records for at least six years of the paid transportation costs. Mode of transportation must be determined, reducing the caregiver’s travel time and expenses. Additionally, these costs are not recoverable from the caregiver, and evidence of affordable accommodation must be provided for their benefit in the nearby community.

Proof of Address

The employer must provide the proof of address of the caregiver along with the LMIA application. That’s the place where the caregiver will perform their work. The proof of address includes a driver’s license, identification card, a notice of assessment, etc.

Employment Agreement

Employers must provide caregivers with an employment agreement signed by both foreign workers and employers before beginning their duties, including details about working conditions and wages. Further, employment records in compliance with the employment agreement during employment must be conserved.

Health Insurance

Suitable health insurance must be obtained by employers to cover the expenses of primary emergency medical care for the duration amidst which TFW is not covered by the province /territory(P/T) health insurance.

Workplace Safety

Employers are responsible for ensuring that caregivers are safeguarded through territorial workplace safety insurance as the law prescribes. In the case of a private insurance plan, employers must ensure that all the employees are covered with equivalent compensation as extended by the respective P/T.

Proof of Individual Requiring Care

Employers must submit at least one relevant document per the three categories to show that the dependent needs care.

For children below 18 years – a birth certificate, official guardianship, adoption order, or Confirmation of pregnancy or due date from a doctor.

For 65 years old seniors or more – Passport, Birth certificate, or Old age security identification card.

For disabled individuals suffering from chronic/terminal illness – Schedule H form signed by a physician or doctor’s note verifying the requirement of a live-in caregiver.

Need help with LMIA-related paperwork?

Who is eligible for caregiver LMIA?

The household employer or families can hire foreign employees for two categories under LMIA:

Caregiver for children: to take care of their children under 18.
Caregiver for people with high medical needs: to take care of elderly persons above 65 years or people suffering from disabilities, terminal or chronic illness.

Requirements to be eligible to work under a caregiver LMIA

Language proficiency- Caregivers must be fluent in at least one of the official languages of Canada to the employers to establish effective communication during the hiring period.
Training, qualifications, and experience- Caregivers must be skilled in on-the-job training, experience, and specified education, depending upon the nature of their occupations, to perform their duties successfully.
Governed Occupations- Under this, certification, registration, or licensing of the caregiver is authorized through the aid of an appropriate professional body by setting standards of practice and entry requirements.

Caregiver LMIA Processing Time

As per the updated LMIA processing times for September 2022, it takes around 27 business days for ESDC to process the LMIA applications of Live In-home caregivers. Applicants must ensure that valid and accurate information is provided while filling out the forms in pursuance of the LMIA application so that they can be processed quickly.

Caregiver LMIA Work Permit

A valid work permit is a mandatory document that caregivers must obtain within six months after they receive positive LMIA. A work permit is only granted when caregivers are eligible to work in Canada as TFW. As of April 4, 2022, a work permit can be valid for 18 months.

Caregiver Pilot Program 2022

Retired senior woman teaching knitting to male nurse while sitting on sofa at elderly care home

Under the Caregiver Pilot Program 2022, applicants must meet the following criteria:

1. Must have a job offer and the capability to accomplish the task.

2. At least 24 months of Canadian work experience.

3. Meet language requirements- in either French(NLCL 5) or English(CLB 5)

4. Possess admissibility to work in Canada.

5. Intention to live outside the province of Quebec.

Both pilot-based programs are designed to provide qualified caregivers an opportunity to come to Canada with their family members for five years. They are advantageous since they temporarily give access to work in Canada through an open work permit.

Under the Home Child Care program, busy parents receive assistance through contributions to household duties and looking after their children.

In the Home Support Worker stream, people with disabilities, senior citizens, and individuals undergoing rehabilitation are assisted in meal preparations, changing clothes, bathing, feeding, and injecting medications.

Live-in Caregiver in Exchange for Room and Board

A live-in caregiver remains available 24×7 for children or the elderly for companionship, daily living assistance, and personal care. Sometimes, the caregiver exchanges their services for room and board, and these expenses are deducted from their salary. The maximum charges for room and board that the employer can charge are fixed on a weekly/yearly basis and regulated by Canadian labor laws.

Further, the employer must be certain of a few things with the live-in caregiver:

1. The accommodation should be furnished, private, and provided in the home where the person receives care.

2. The accommodation should comply with municipal building requirements and health standards.

3. The bedroom has locks and safety bolts installed.

Do I Need an LMIA to Hire a Foreign Caregiver?

No, LMIA is no more considered an essential prerequisite to hiring a foreign caregiver after the Canada Government’s welcome move by introducing two pilot programs-

The Home Child Caregiver Program
The Home Support Worker Program

Work with Best LMIA Consultants in Edmonton

LIVIN Immigration Services & Consulting helps employers in Edmonton and all over Canada to apply for and get positive LMIAs from the Canadian government. We have successfully guided our clients through the LMIA process, helping their businesses to grow.

Get in touch with us today at (780) 975-9159 to discuss your LMIA application.