Citizenship and Immigration Canada (CIC) announced Improvements to Canada’s Caregiver Program, formerly known solely as the Canadian Live-In Caregiver Program (LCP), and the Canadian government hopes that these improvements will:
- Result in faster processing at all stages of the program
- Provide faster reunification of families in Canada
- Create better career opportunities upon completion of the program, and
- Establish better protection against potential workplace vulnerability and abuses
These reforms were put in place to address some key concerns of the old Live-In Caregiver program through the removal of the live-in requirement and increasing the processing time for permanent residence. In the old program there actually were employers who felt that since the caregiver was living in their homes that they were available to work 24/7, and even questioned their caregivers who wanted to go out in the evening, or stay away on the weekends.
Another major problem with the old program was the lack of long-term opportunities for caregivers who, through talking to their peers, waited for their program requirements to end so that they no longer needed to live-in, and could demand a higher wage. Often this was not a discussion between the employee and the employer and thus a job change was the often outcome.
The resulting job change often meant a higher salary, but in the same field, or with less hours, or with less “perks” like meals and living accommodations earned as the caregiver and the families bond over the years. It’s usually a major step backwards when the caregivers should be leveraging their employers for their next step once their employment is no longer required.
In addition, CIC plans to reduce the backlog by admitting 30,000 permanent resident caregivers and their family members in 2015, an all-time high, and also a major change in direction from a government which has always publically stated that the Live-In Caregiver Program was not meant to be used for reunification.
CIC also announced that they will be dropping the live-in requirement for caregivers. If employers and caregivers wish to agree to live-in arrangements, they can continue to do so. In addition, caregivers currently in the Live-in Caregiver Program (LCP) may choose to live out and later apply for permanent residence by applying for a regular work permit to replace their LCP-specific work permit.
On November 30th, 2014, the Canadian Government launched two new pathways for caregivers which will:
- accept up to 5,500 applicants for permanent residence per year plus family members,
- process these permanent residence applications with a 6-month service standard, and
- accept applications from those already in the LCP queue who prefer one of the improved pathways
The 2 New Pathways:
1. Caring for Children Pathway: A pathway to permanent residence for caregivers who have provided child care in a home, either living in the home or not.
Eligibility is based on:
- Work experience – A minimum of 2 years of Canadian work experience as a home childcare provider, with a work permit.
- Human capital criteria – A 1-year completed Canadian post-secondary credential, or equivalent foreign credential, and language level of at least initial intermediate
2. Caring for People with High Medical Needs Pathway: A pathway to permanent residence for caregivers who have provided care for the elderly or those with disabilities or chronic disease at higher skill levels in health facilities or in a home
Eligibility is based on:
- Work experience – A minimum of 2 years of Canadian work experience as a registered nurse, registered psychiatric nurse, licensed practical nurse, nurse aide, orderly, patient service associate, home support worker or other similar occupation, with a work permit.
- Human capital criteria – A 1-year completed Canadian post-secondary credential, or equivalent foreign credential, and an appropriate level of language proficiency to practice their occupation, ranging from initial intermediate to adequate intermediate
Frequently Asked Questions
Q1: What sort of work permit should I apply for if this is my first time as a caregiver in Canada and my employer applies for a Labour Market Impact Assessment after November 30, 2014?
A1: You will need to apply for a regular work permit, not a specific caregiver work permit.
You can live in your own home. If you and your employer have agreed that you will live in their home, this should be:
- in your employment contract, and
- noted in the Labour Market Impact Assessment (LMIA) request by your employer to Employment and Social Development Canada. Your employer will have to confirm that the accommodation they are providing meets acceptable standards before they get the LMIA.
Q2: I am working as a live-in caregiver but would like to move into my own home. Can I?
A2: To work as a caregiver on a live-out basis, your employer will need a new Labour Market Impact Assessment (LMIA) and you will need to apply for a new work permit based on that LMIA. In addition, you would have to apply for permanent residence through the Caring for Children or Caring for People with High Medical Needs pathway, and not through the Live-in Caregiver Program.
Q3: I have submitted an application for permanent residence through the Live-in Caregiver Program. Can I submit an application to either the Caring for Children or Caring for People with High Medical Needs pathway as well?
A3: If you meet the requirements of either the Caring for Children or Caring for People with High Medical Needs pathways, you may submit another application for permanent residence, including providing the required information and processing fee.
Q4: I am already working as a live-in caregiver. Will I be able to apply for permanent residence when I complete the work requirement?
A4: Yes. You may continue working as a live-in caregiver and apply for permanent residence when you meet the work requirement. You do not need to switch to one of the new pathways.
If you choose to remain in the Live-in Caregiver Program pathway, your eligibility for permanent residence will still be based on the requirements of that program. This includes the requirement to live in the home of your employer.
If you choose to apply to the Caring for Children Pathway or the Caring for People with High Medical Needs Pathway, your eligibility for permanent residence will be based on the requirements of those pathways.
Q5: I just applied for a work permit as a live-in caregiver. Will I be able to apply for permanent residence when I complete the work requirement?
A5: Yes. You may come to Canada to work as a live-in caregiver and apply for permanent residence based on the requirements of the Live-in Caregiver Program. This includes the requirement to live in the home of your employer.
If you choose to apply to the Caring for Children Pathway or the Caring for People with High Medical Needs Pathway, your eligibility for permanent residence will be based on the requirements of those pathways.
Summary: What are the improvements to the Caregiver Program?
As of November 30th, 2014, the Caregiver Program includes two new pathways for permanent residence for foreign workers with experience as caregivers in Canada.
The two new pathways are:
- Caring for Children
- Caring for People with High Medical Needs
For both the Caring for Children Pathway and the Caring for People with High Medical Needs Pathway:
- You do not need to live in the home of your employer to qualify for permanent residence.
- You do need to work in Canada with a work permit in an eligible occupation for two years.
- You do need to meet requirements for language ability and education.
In addition, the Live-in Caregiver Program pathway to permanent residence is still open for all live-in caregivers who:
- have started working in Canada as a live-in caregiver, or
- have applied for a work permit as a live-in caregiver, or
- apply for their initial work permit based on an approved Labour Market Impact Assessment that had been submitted by the employer to Employment and Social Development Canada by November 30, 2014, and
- complete the work requirement of the Live-in Caregiver Program.
All your questions, plus more, can be answered here; (http://www.cic.gc.ca/english/helpcentre/index-featured-int.asp), on the government’s website.