Those Canadians who need to employ a foreigner as a caregiver for children (under 18 years of age), elderly (65+) or special needs family member (persons with disabilities) are required first to demonstrate that they were unable to hire a Canadian (citizen or permanent resident). For that, Canada Immigration requires from employers for foreign caregivers to first advertise in Job Bank, Service Canada for no less than 14 days as to give an opportunity for Canadians to apply for the job. If the employer cannot or is not willing to hire a Canadian candidate (at this point, nobody can force to hire a Canadian if he or she is unsuitable for the position as the specifics of caregiving provision of services are such that requires more sensitive approach than, let’s say, in hiring an electrician for a company), then the employer may proceed with their application to Service Canada to approve a foreigner for the work. The application government fee is $1,000.00 CA.
Other requirements to the employer:
- To be able to pay a salary for a minimum 30 hours per week job (the employer may calculate whether or not they can pay using a Financial Ability Calculator they can find on the Employment and Social Development Canada website);
- To provide living accommodations;
- Make a job offer for caregiving duties.
So, the employer’s first step is to advertise the position in a local Job Bank and it must be kept in mind that when advertising, the employer must emphasize that the prospective caregiver communicates in English or French (you cannot anymore, in attempts to make preference to a foreign caregiver, justify that one of the official languages is not applicable in your household; you may however make a point later, when applying to approve your foreigner that it is an asset to know your mother tongue). In advertisement, the employer must indicate what level of education, training and experience they have to be in a corroboration with the National Occupations Classification (NOC) for Caring for Children (NOC 4411) or Caring People with High Medical Needs (NOC). The employer must advertise that they will pay prevailing (median) wages which depend on the area of the employer’s residence.
If the employer cannot meet the eligibility requirements for a caregiver position in the household, he or she may partner with another employer (husband or wife, or siblings seeking a caregiver for elderly parents).
Since those who hire caregivers are considered to be employers (they will be paying wages to their caregiver), they must register at the Canada Revenue Agency (CRA) and obtain a business number (BN). Without having a business number, the employer will not be able to place an advertisement for a caregiver’s position in a Job Bank. Some Canadians could already have a business number for their corporations, but, if their own businesses are not related to a position for a caregiver, they must obtain a separate BN. The form CRA use for BN is called RC1 and the employer can register through the Internet or calling CRA.
The employer, when persuading officials that they want to hire a foreigner, must indicate that they will be responsible for a transportation of the caregiver coming from their own country to Canada. It is illegal to cover your expenses, including legal or government fee, from a foreign worker.
A caregiver for this program is expected to live in the employer’s home, so, when applying to Employment and Social Development Canada with the Labour Impact Assessment Application (LMIA) for approval to hire a foreigner, the employer must make sure that a caregiver will be having a private, furnished room with a lock and safety bolt on the inside, the room meets the municipal building requirement and the provincial or territorial health standards and the caregiver would not be charged for the room and board. The employer will be obliged to submit, along with the LMIA application a completed in-home Employer Supplied Bedroom Description form (form EMP5599) (the form may be printed from the Employment and Social Development Canada website).
The employer must pay for a foreign caregiver’s health insurance until the worker is covered by the provincial health insurance and arrange and pay for workplace safety insurance coverage from the Workers’ Compensation Board ( not applicable for higher-skilled in-home caregivers)
All employers of caregivers must draft an employment contract.
