How to get temporary work permit for caregivers in canada

How to get temporary work permit for caregivers in canada ,Face short-term skills and labor shortages in Canada and need help finding available Canadians or permanent residents to fill the positions. The Temporary Foreign Worker Program (TFWP) may be the solution. This program allows families to hire foreign caregivers to provide care in private residences for children, seniors, or individuals with certified medical needs.

How to get temporary work permit for caregivers in canada
How to get temporary work permit for caregivers in canada

Program Requirements for Hiring Foreign Caregivers

To hire a foreign caregiver under the Temporary Foreign Worker Program, you need to ensure they meet the following requirements:

  1. The caregiver must provide care full-time, working at least 30 hours per week.
  2. The caregiver should work in the private household where the care is provided.
  3. The caregiver must meet the requirements of Employment and Social Development Canada (ESDC)/Service Immigration, Refugees, and Citizenship Canada (IRCC).

Processing Fee and Exemptions

For each position requested, employers must pay a processing fee of $1,000 to cover the cost of processing a Labor Market Impact Assessment (LMIA) application. Payment of the processing fee can be made using various methods such as Visa, MasterCard, American Express, certified cheque, money order, or bank draft payable to the Receiver General for Canada.

However, some families or individuals may be exempt from paying the LMIA application processing fee:

  • Those seeking to hire a foreign caregiver for individuals requiring assistance with medical needs need not pay the fee if they submit a medical certificate attesting to the individual’s incapacity to care for themselves.
  • Families or individuals with a gross annual income of $150,000 or less seeking to hire a foreign caregiver to provide childcare for a child under 13 years of age also qualify for the processing fee exemption.

It is essential to note that there will be no refund in case of an adverse LMIA decision or if the employer withdraws or cancels the application, as the fee covers the assessment process and not the outcome.

Recruitment Fees and Prohibitions

While recruiting temporary foreign workers, employers must be cautious about charging or recovering any recruitment fees directly or indirectly from the workers. Various fees and costs might be incurred during the recruitment process, including using a third-party representative, advertising fees, and fees paid by the foreign national or employer for assistance with finding or securing employment.

Employers should strictly adhere to the prohibition on recovering the LMIA processing fee from the temporary foreign workers (TFWs) as per Employment and Social Development Canada (ESDC) policy.

Language Requirement and Proficiency

A distinct language assessment factor has been introduced, making English and French the only languages that can be identified as job requirements in both LMIA applications and job advertisements. Employers can only request proficiency in Canada’s official languages (English or French) for the caregiver being hired. Caregivers must demonstrate fluency that enables them to communicate effectively and independently in an unsupervised setting.


Wages, Working Conditions, and Occupations

Employers applying for an LMIA must pay the temporary foreign worker (TFW) at least the posted prevailing wage for the occupation and work location where the TFW will be employed. The prevailing wage can be determined by using the available position’s title and searching on Job Bank to find the median salary for the specific occupation and work location.

Employers must review and adjust the TFW’s wage, if necessary, after 12 months of employment to ensure the worker receives the prevailing wage rate for the occupation and work location.

The wage offered to the TFW must not be below any applicable federal or provincial/territorial minimum wage rates. Employers must use the provincially regulated wage for a specific occupation to receive a positive assessment if it is greater than the wage posted on Job Bank.

Additionally, employers must adhere to Canadian labor laws, providing fair working conditions and workplace safety insurance and offering the same benefits to TFWs as other workers.


Recruitment and Advertisement Process

Employers must fulfill the recruitment and advertisement requirements for the relevant stream based on the position for which they are hiring a caregiver. They must follow either the Stream for high-wage posts or low-wage jobs.

How to Apply for a Labour Market Impact Assessment (LMIA)

To apply for an LMIA, employers can choose one of the following methods:

  1. Apply Online through the LMIA Online Portal:
  • Create a Job Bank account for employers if you don’t already have one.
  • Access the LMIA Online Portal using your Job Bank account credentials.
  • Fill out the LMIA application form and upload all required supporting documents.
  • Submit the application form and processing fee (if applicable) through the LMIA Online Portal.
  1. Email a PDF Application Form:
  • Fill out the LMIA application form.
  • Gather all required supporting documents.
  • Email the application form, documents, and the processing fee (if applicable).

Next Steps

Employment and Social Development Canada (ESDC)/Service Canada will assess the LMIA application to determine its impact on Canada’s job market. They will issue a positive or negative LMIA based on the assessment. All LMIA applications go through a systematic process, verifying employer eligibility, job offer consistency, genuineness, language requirements, and impact on the labor market.

Employers must understand and comply with all program requirements and regulations when hiring temporary foreign workers under Canada’s Temporary Foreign Worker Program. By following the guidelines and providing accurate information, employers can ensure a smooth and successful application process for hiring caregivers through the TFWP.

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