New Live in Caregiver Advertising Requirements!
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As of January 1, 2009, new advertising requirements must be met by agencies or families who seek to hire a foreign live-in Caregiver to work in Canada.
The HRSDC has eliminated all Occupation Under Pressure lists previously utilized by employers to facilitate the temporary entry of foreign workers into Canada. Prior to this date, employers seeking to hire foreign workers whose occupations were listed as being “in demand”, benefited from minimal or no advertising requirements for the provision of an HRSDC approval. Following January 1, 2009, advertising for foreign national employees that would have fallen into this beneficial exception has become mandatory and significantly more involved. This change significantly impacts families seeking live-in Caregivers and live-in Caregiver agencies across Canada.
Minimum Recruitment Requirements:
For Canadian families in need of a live-in Caregiver in Canada, these changes mean significantly greater requirements. Service Canada now requires that the following minimum recruitment requirements be met before it will approve an application for a Labor Market Opinion for Live-in Caregivers:
- Advertise on the national Job Bank for a minimum of fourteen (14) calendar days; and
- Conduct similar recruitment activities consistent with the practice within the occupation in the three (3) months prior to applying for a LMO; and
- Demonstrate reasonable ongoing recruitment efforts which include advertising directly to communities that traditionally face barriers to employment.
As families seeking to employ live-in Caregivers are often subjected to time constraints, these recent changes, which add a minimum of three (3) months to the application process, are of significant importance. The Bomza Law Group provides legal advice and assistance to families, live-in caregiver agencies and associations. We invite you to contact us to secure further information regarding your live-in Caregiver and other immigration needs.
This document has been created for informational purposes only and does not contain a full analysis of the law, nor does it constitute a legal opinion of the Bomza Law Group.
For further information regarding this update or any other Canadian immigration matter, please contact the Bomza Law Group at 416-598-8849 or e-mail one of the following professionals:
Veronica G. Zanfir, vzanfir@bomzalawgroup.com
6 Comments to “New Live in Caregiver Advertising Requirements!”
adrick manansala
hi mam/sir, im a caregiver here in canada and arrived here last sept 2008, i just wanna ask about the on going rumors that we live in caregivers are no longer allowed ta apply for open permit or PR even if we have completed 24 months of working as live in caregivers, is it true? and is it true that it is already implemented in the Phil? Im worried bec of this issue thats been bothering almost every caregiver here in canada who are hoping to have a PR in the future..
i wud greatly appreciate yoyr response with this matter, for our peace of mind..
thank you and more power..
Angelina O. Arimbuyutan
dear madam,
I am a single mom of a 2 year old boy from the Philippines and been living in Canada for about 16 years and I would like to inquire on how to apply a live in care giver for my son. I work full time as a dental assistan for about 10 years now. Please reply whether I am qualified to hire a live in caregiver. Thank you.
Veronica Zanfir
Countless unfounded rumors have been circulating within the Live-in Caregiver community for years. Rumors that the program is coming to an end are untrue. These rumors are sometime urban legends, and other times are simply the ply of unscrupulous representatives who hope to pressure hapless applicants or families into entering the program as soon as possible, sometimes well before they are ready to do so. The rumors may be more rampant in the Philippines because many unregulated and unethical agencies still operate there. The only recent change that affected Live-in Caregiver Program applicants are the new requirements for proof of recruitment with respect to Labour Market Opinions. As of January of 2009, all Canadian employers requesting a Labour Market Opinion from Service Canada have to show that they have advertised for a live-in caregiver in Canada prior to resorting to hiring someone overseas. A future change may be coming in the form of greater protection for caregivers, as Minister of Immigration Jason Kenney is aiming to ‘blacklist’ unscrupulous nanny recruitment agencies that exploit workers and Canadian families. Doing so will ensure a higher caliber of representations for Live-in Caregivers and hopefully stem the unfounded rumors that have become so rampant of late. In sum, the Live-in Caregiver Program is alive and well and there is no indication it will end any time soon.
Veronica Zanfir
Applications under the Live-in Caregiver Program (LICG) can only be made from outside of Canada. The Labour Market Opinion that is a prerequisite to work permit applications under the LICG Program must be made by an employed Canadian permanent resident or citizen who can evidence sufficient funds to provide the minimum necessary wages to the caregiver in question. While you may still consider the LICG program if you are offered employment by an income-earning employer, you may also wish to consider the Humanitarian & Compassionate class for permanent residence in Canada. The Bomza Law Group website contains information on the Humanitarian & Compassionate class. You may also contact one of our Canadian immigration lawyers for further information in this respect.
Justin O
This is a further question as per above comments of adrick manansala’s concerning rumors about live-in caregivers who are no longer allowed to apply for open visa and PR. Please reconfirm that this is just a rumor. I have been reading all new issues regarding immigration laws and changes but neither did I read anything about these changes. Please reply. Appreciate it greatly.
Diana
Hi, my name is Diana I would like to know about the rumors of the new law which will help us as caregivers to apply sooner (1 year and 6 months) and get our PR along with the Open Work permit when we finish our 24 month working. It supposes it will start on August 2009.
Thank u in advance.