Kworld Trend / How to get temporary work permit for caregivers in canada naijarev.com, The Temporary Foreign Worker Program is intended to be used when you are facing short-term skills and labour shortages, and only when no Canadians and permanent residents are available.
How to get temporary work permit for caregivers in canada naijarev.com
Families can hire a foreign caregiver to provide care, in a private residence, to children, sen-iors or persons with certified medical needs, when Canadians and permanent residents are not available.
Overview
Under the Temporary Foreign Worker Program (TFWP), families can hire foreign caregivers. However, the caregivers must:
- provide care on a full-time basis (minimum 30 hours per week)
- work in the private household where the care is being provided
- meet the requirements set Employment and Social Development Canada (ESDC)/Service Immigration, Refugees and Citizenship Canada (IRCC)
2. Program requirements
Processing fee
Employers must pay $1,000 for each position requested to cover the cost of processing a Labour Market Impact Assessment (LMIA) application.
The processing fee payment (in Canadian dollars) can be made by:
- Visa
- MasterCard
- American Express
- Certified cheque (shall be made payable to the Receiver General for Canada)
- Money order (shall be made payable to the Receiver General for Canada)
- Bank draft (shall be made payable to the Receiver General for Canada)
Families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the LMIA application processing fee with submission of 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 in their home to a child under 13 years of age, also qualify for the processing fee exemption.
There will be no refund in the event of a negative LMIA, or if the application is withdrawn or cancelled by the employer since the fee covers the assessment process and not the outcome. In addition, if a live-in requirement is found during the assessment of the LMIA application, there will be no refund.
Refunds will only be available if a fee was collected in error (for example, an incorrect fee amount was processed).
Employers must be aware that Employment and Social Development Canada (ESDC) has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from temporary foreign workers (TFWs).
Recruitment fees
There may be a variety of fees and costs incurred in the process of recruiting TFWs, including but not limited to:
- cost of using a third-party representative
- advertising fees
- fees paid by a foreign national for assistance with finding or securing employment
- fees paid by an employer for assistance or advice in the hiring of foreign nationals
As an employer, you must confirm and ensure that you or anybody recruiting on your behalf doesn’t charge or recover any recruitment fees, directly or indirectly, from the TFWs. Failure to do so will result in a negative LMIA decision.
Language restriction
A distinct language assessment factor has been introduced as subsection 203 (1.01) of the Immigration and Refugee Protection Regulations (IRPR). As a result, English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.
Language proficiency
Employers must ensure that the caregiver being hired speaks, reads and understands at least 1 of Canada’s official languages (English or French). Caregivers must have a level of fluency that enables them to communicate effectively and independently in an unsupervised setting.
3. Wages, working conditions and occupations
Employers applying for a Labour Market Impact Assessment (LMIA) must pay the TFW at a minimum, the posted prevailing wage for the occupation and work location where the TFW will be employed.
Employers must refer to the median wage published on Job Bank to determine the prevailing wage.
Process to determine the prevailing wage of the position
Use the job title of the available position and conduct a search on Job Bank to determine the median wage for the occupation and work location where the TFW will be employed:
- if the median wage is available on Job Bank, employers must pay the worker a wage that is equal or above that median wage for the economic region where the work will be located
- in Quebec the prevailing wage rates are determined based on labour market information wage data published by Emploi-Québec (in French only)
- if the median wage is listed as “N/A” for the local area (economic region) where the work is located, employers should consult the provincial/territorial level wage. If this wage is not available, employers should consult the national wage
To determine the median wage on Job Bank:
- go to Compare wages on Job Bank (Wage updates take place during the week of November 14, 2022)
- in the “Job search” field, enter the job title or the National Occupational Classification (NOC) code (2021 version) that best describes the duties and requirements of the position
- the hourly median wage will be listed in the middle column, by community or area. If the median wage is listed as “N/A”, consult the provincial/territorial wage. If it is not available, consult the national wage
Prevailing wage
Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.
Employers must review and adjust (if necessary) the TFW’s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.
In addition, employers must ensure the wage offered to the TFW is not below any:
- applicable federal or provincial/territorial minimum wage rates. If a provincially regulated wage for a specific occupation is greater than the wage posted on Job Bank, then the regulated wage will apply. As a result, employers must ensure they use this wage in all advertisements and on their application, in order to receive a positive assessment, or
- wage schedules set by provincial/territorial legislation (for example Manitoba Construction Industry Wages Act)
Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.
Working conditions
Canadian law protects all workers in Canada, including TFWs. The exploitation of a TFW is considered a violation of Canadian laws and human rights.
Employers must:
- pay workers for all work (including overtime, where required by law)
- provide workplace safety insurance
- offer TFWs the same benefits as other workers, and
- not take the TFWs identification
4. Recruitment and advertisement
Employers must meet the recruitment and advertisement requirement for the stream based on the position for which they are hiring a caregiver: Employers will need to follow the:
- Stream for high-wage positions
- Stream for low-wage positions
5. Hire a temporary worker as an in-home caregiver: Apply for a Labour Market Impact Assessment
Transitioning to online applications
As of April 2023, the Temporary Foreign Worker Program is moving to online LMIA applications. Consult the LMIA Online Portal resources page frequently for details and updates. How to get temporary work permit for caregivers in canada
Get a head start and use the LMIA Online Portal today!
Before you apply
- Determine if you need a Labour Market Impact Assessment (LMIA)
- Determine if your application cannot be processed due to specific condition or circumstances
- Make sure you know about the program requirements for in-home caregiver positions, for example:
- determine if you want to use a third-party representative
- determine if your LMIA application is subject to processing fees
- Gather documents that support your business legitimacy and LMIA application. Examples:
- your proof of address (if applicable)
- your most recent Canada Revenue Agency (CRA) tax documents
- your recruitment and advertisement documents
- your proof of individual requiring care
- View the LMIA Online Portal resources page for helpful hints
Don’t forget
- Review the checklist before starting your application.
- Hiring temporary foreign workers in British Columbia or Manitoba
- Hiring temporary foreign workers in Quebec
Note:
On May 12, 2020, Immigration, Refugees and Citizenship Canada (IRCC) announced a temporary public policy. The new policy allows some TFWs who are already in Canada to change jobs before a final decision is made on their work permit application. How to get temporary work permit for caregivers in canada
Employers hiring these TFWs may receive priority processing of the LMIA applications. To do so, employers must notify Service Canada in writing that the TFW:
- is in Canada, and
- wishes to benefit from IRCC’s COVID-19 temporary public policy
How to apply
Your LMIA application can be submitted up to 6 months prior to the expected job start date.
There are 2 ways you can apply:
- online through the LMIA Online Portal, or
- by emailing a PDF application form
Apply online
The fastest way to apply is through the LMIA Online Portal. It’s a reliable and secure platform that allows you to complete and submit an online application to Service Canada.
To access the LMIA Online Portal, you need to have a Job Bank account.
1) Create a Job Bank for employers account if you don’t already have one
It takes about 10 minutes to register, and up to 5 business days for Job Bank to process a new employer file.
2) Access the LMIA Online Portal using your Job Bank for employers credentials
Your account details will be required for authentication purposes.
3) Submit your application
- Create and fill out your LMIA application
- Upload all required documents supporting your business legitimacy (if applicable)
- Submit the application form along with the required documents and the processing fee (if applicable) via the LMIA Online Portal How to get temporary work permit for caregivers in canada
6. Next steps
Employment and Social Development Canada (ESDC)/Service Canada will assess the Labour Market Impact Assessment (LMIA) application submitted by the employer to determine what impact hiring a temporary foreign worker (TFW) would have on Canada’s job market. Based on the application and the documents received, the Department will issue a positive or negative LMIA.
Labour Market Impact Assessment – Process
All LMIA applications go through a systematic assessment process to:
- verify if the employer is:
- eligible to participate in the Temporary Foreign Worker Program (TFWP). The list of ineligible employers appears on Immigration, Refugees and Citizenship Canada’s (IRCC) website, and
- using an authorized third-party representative, if applicable
- verify the consistency of the job offer with federal/provincial/territorial agreements
- assess the genuineness of the job offer. The assessment is based on whether the:
- employer is actively engaged in the business related to the job offer
- job offered to the TFW is consistent with the employment needs of the employer
- employer can fulfil the terms and conditions of the job offer
- employer and the third-party representative, if applicable, are compliant with the relevant federal-provincial-territorial employment and recruitment legislation
- assess the language requirement of the job offer, to ensure that English and French are the only languages identified as a job requirement, unless employers can demonstrate that another language is a bona fide requirement for the job
- assess:
- the impact of hiring a TFW on the labour market including:
- wages and working conditions offered
- occupation in which the TFW will be employed
- employer’s recruitment and advertisement efforts
- benefits to the labour market
- the impact of hiring a TFW on the labour market including:
As part of the assessment process, ESDC/Service Canada will ensure that the employer has met all the program requirements.
In accordance with amendments to the Immigration and Refugee Protection Regulations, ESDC/Service Canada has the authority to temporarily suspend LMIA processing when there is reason to suspect that an employer is not complying or has not complied with certain conditions that would put the health or safety of temporary foreign workers at serious risk. How to get temporary work permit for caregivers in canada
