Dear Mr Brown:

I am trying to secure a job as a live-in caregiver in Canada. However, I am not certain about all of the steps. Can you please provide an overview of the programme. Does it guarantee permanent residence? Can I take my husband and children with me?

— FS

Dear FS:

The Live-In Caregiver Programme (LCP) was established to meet a labour market shortage of live-in caregivers in Canada, while providing an avenue for individuals to work and eventually apply for permanent residence from within Canada.

A Live-In Caregiver is a person who provides child care, senior home support care or care of the disabled in a private household in Canada in which the person resides, without supervision. It involves the care of children under age 18, elderly persons 65 and older, or a person with disability.

The programme differs from the diplomatic staff domestic workers an international youth exchange programme, where participants find work as a nanny or helper.

Live-in caregivers who enter Canada under the LCP are eligible to apply for permanent residence after they have worked full-time as a live-in caregiver for at least 24 months or a total of 3,900 hours in a minimum of 22 months within the four years immediately following their entry into Canada.

The requirements for LCP span education, training, work experience, language proficiency and legitimate employment contract.

Firstly, the applicant must have sufficient education, which entails successfully completing the equivalent of Canadian secondary school.

Secondly, the applicant must possess either sufficient training or work experience. Sufficient training entails the successful completion of six months of full-time classroom training in the field or occupation related to the job. Meanwhile, sufficient work experience entails the completion of at least 12 months of full-time paid employment, including at least six months of continuous employment with one employer, in the related occupation.

Thirdly, the applicant must have sufficient English (or French) language proficiency, including the ability to read, listen, and speak English or French at a level sufficient to communicate effectively in an unsupervised setting, such as to respond to emergency situations by contacting a doctor, an ambulance,

the policy, or the fire department, answer the door and the telephone, and

administer medication.

Employment contract

There is a mandatory employment contract requirement which requires that the employer must forward the original employment contract to the live-in caregiver. It must be signed by the employer personally and by the live-in caregiver. The employment contract must be consistent with employment standards and labour laws.

The employment contract must include details and requirements regarding: The transportation of the applicant to Canada, medical insurance, workplace safety insurance, applicable recruitment fees, primary job duties (hours of work, wages, accommodation, holiday and sick leave entitlements), termination and resignation terms.

Legitimate job offer

In order to obtain a visa under this programme, there will be consideration given to whether the offer for employment is legitimate and genuine. Checks will be made to see if the prospective employer has made reasonable efforts to hire or train Canadian citizens or permanent residents for the position. In addition, the qualifications and experience of the applicant will be scrutinised. Moreover, it will be determined whether the wages and working conditions offered are sufficient to attract and retain in employment Canadian citizens or permanent residents.

A change of employer will require a new employment contract and a new work permit application. This measure is meant to deter abuse by those employment agencies that might attempt to use fictitious employers for the purpose of maintaining a pool of caregivers in Canada, who would have illegal status and vulnerable to exploitation.

Family members cannot accompany live-in caregivers

Family members may NOT normally accompany live-in caregivers to Canada, even if the employer agrees. However, the programme allows caregivers and their family member to apply for permanent residence after the live-in caregiver has worked for two years in Canada, within the three years of arrival to Canada. They may get parallel processing for some or all family members living outside or in Canada. They may also sponsor family members at a later date after becoming permanent residents.

For further information visit jamaica2canada.com.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel, education agent and managing director of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.