Live-In Caregiver Program

How are employment contracts enforced?

The contract is a written agreement of the conditions of your employment. It will help to protect your rights as an employee. If there is a misunderstanding, use the contract when you talk to your employer.

If you are unable to resolve any conflicts with your employer, contact the government ministry responsible for labour or employment standards in the province or territory where you work. The contract may also serve as a basis for registering a complaint against an employer with labour or employment standards offices.

What rights do I have under labour and employment laws?

As a live-in caregiver, you have legal rights to fair working conditions and fair treatment under labour laws in most provinces and territories. Nothing in your contract or working conditions can violate  these rights.

Your employment contract will help to protect your rights as an employee. Find out more about what type of information should be included in your contract.

You also have the right to leave an unsatisfactory employer. For more information see Extending your stay (changing, losing or quitting your job).

Regulation 185 of Immigration and Refugee Protection Regulations has a complete list of conditions that may be put on your work permit.

Working conditions, such as minimum hourly wages, vary widely in Canada according to provincial or territorial law. It is your responsibility to find out the labour laws in the province or territory where you work. See the List of provincial and territorial labour standards offices.

Labour laws may cover rights in areas such as:

• days off each week
• vacation time with pay
• paid public holidays
• overtime pay
• minimum wage
• other protection, including equal pay, equal benefits and notice of employment termination and
• maximum charges for room and board.

Public holidays are days during the year when most workers, including live-in caregivers, can have the day off with pay or receive a premium, which could be overtime pay, if they work. In Canada, some common holidays are:

• New Year’s Day (January 1)
• Good Friday (Easter)
• Victoria Day (late May)
• Canada Day (July 1)
• Labour Day (early September)
• Thanksgiving (mid-October)
• Christmas Day (December 25)

Some provinces or territories have one or two other public holidays.

Related Links

• What other rights do I have?

How does hospital and medical insurance work?

Under Canada’s health insurance system, Canadian residents do not pay certain hospital and medical expenses. Depending on your province or territory of work, you may need to wait for a period of time before you are eligible for public health insurance. Your employer must pay for you to be covered by private health insurance until you are eligible for public health insurance. Your employment contract should state that your employer has paid for private health insurance on your behalf.

When you arrive in Canada, contact the medical care or hospital insurance office in the province or territory where you work to find out about health insurance eligibility requirements. You can find this information in the government section of the telephone directory or on provincial and territorial government websites.

How does workplace safety insurance (workers’ compensation) work?

Under the Live-in Caregiver Program, your employer is required to pay for worker’s compensation on your behalf. Since workers’ compensation is an insurance plan for employers, only the employer pays for it.

Your employer cannot take money from your wages for this purpose. Your employment contract should state that your employer will participate in a worker’s compensation plan.

Check the government section of the telephone directory for information on workers’ compensation. This information may also be available on your province or territory’s website.

What about benefits such as Employment Insurance, Canada Pension Plan and Old Age Security?

Your employer must give you a statement of earnings with your paycheque. It shows how much you made before money is taken out for EI and CPP or RRQ. It also shows other deductions and the hours you worked.

Employment Insurance

Live-in Caregiver Program participants are expected to find a new employer as soon as possible. However, you may be eligible to receive employment insurance benefits while you look for another job. EI provides you with benefits if you lose your job through no fault of your own. How long you must work before you qualify for EI will depend on the unemployment rate in your region when you file a claim for benefits.

While you are working, you pay into the EI account through money deducted from your wages. The amount deducted depends on how much you earn. Your employer also pays into the EI account on your behalf. Your employer must send in both your payment and her or his contribution to the government. If you lose your job, the EI account will pay you benefits if you qualify. The amount deducted from your wages for EI should appear on your statement of earnings.

Canada Pension Plan

You and your employer must also make payments to the Canada Pension Plan (CPP) or to Régime de rentes du Québec (RRQ), if you employment takes place in Québec. The CPP provides a retirement pension as early as age 60 if you no longer work or work very few hours. The plan also pays disability pensions and benefits to the spouse or common-law partner and dependent children of contributors who die.

For more on the Canada Pension Plan, consult Service Canada or the website in the Related Links section.

Old Age Security

The Old Age Security (OAS) program pays a monthly benefit to residents of Canada who are at least 65 years old. You do not have to contribute to this program.

For more information about EI, CPP and OAS, contact the Human Resources and Skills Development Canada (HRSDC) — Service Canada office nearest you.

Related Links

• Service Canada — Employment Insurance
• Service Canada — Canada Pension Plan
• Régie des rentes du Québec - The Québec Pension Plan
• Service Canada — Old Age Security

Does my employer take taxes out of my pay?

Yes. Your employer can collect income tax and send it to the Canada Revenue Agency (CRA). Every year, your employer sends a record of how much you earned and how much income tax was withheld from your earnings and sent to the Canada Revenue Agency on your behalf. You get a copy of this information on a T4 slip. Your employer must give this to you by the end of February each year. Use the T4 to file your income tax return. Your income tax return is due before April 30 every year. You can get an income tax form at any Canada Post office.

For more information about income taxes, visit the Canada Revenue Agency.

What is the definition of “recruiters” and “recruitment fees” for the purposes of the Live-in Caregiver Program?

For all Labour Market Opinion applications received by Human Resources and Skills Development Canada/Service Canada on or after April 1, 2010 Live-in Caregiver Program (LCP) employers are required to pay for all recruitment fees, including any amount payable to a third-party recruiter or agents hired by the employer that would otherwise have been charged to the live-in caregiver. Employers are restricted from recouping any recruitment fees from foreign live-in caregivers.

A “recruiter” is a person, company, or agency who attempts to find and attract live-in caregivers. These activities are usually initiated at the request of an employer seeking to hire workers in order to fill vacant jobs, but may be in anticipation of a request from an employer or representative of an employer. Recruiters may also subcontract recruitment services to other third parties.

Recruiters charge fees which, under the LCP, must be paid by the employer who has requested the recruitment services. Recruitment services can include, among others, advertising, application filing and collection, processing, pre-screening interviews, testing or analysis of skills or knowledge, arrangement of formal interviews with workers, confirming the worker meets program criteria and negotiating a wage or salary on the employer’s behalf that is in line with the employer's and LCP requirements.

Recruiters must be distinguished from immigration consultants who are authorized representatives of foreign nationals. Immigration consultants may, for a fee, represent, advise or consult on immigration matters with a person seeking to enter Canada as an immigrant or foreign worker or after their entry to Canada, or with a Canadian permanent resident. In some cases, a recruiter and an immigration consultant may be the same person/entity, however the roles/activities and associated fees must be distinguished for the purposes of the LCP.

Some services may be offered to potential employees that are not considered recruitment services for the LCP, such as resume writing, interview preparation and first aid courses. Under the LCP, fees for these non-recruitment related services may be charged to the person accessing such services.

What can I do if I feel I’m being treated unfairly by my employer?

If you feel your employer is treating you unfairly, you may be able to resolve your situation by telling your employer how you feel.

If you are unable to resolve the situation after talking about your concerns with your employer, you can call or write to the nearest provincial or territorial labour standards office for assistance in resolving a conflict. A caregiver support network or domestic worker advocacy group can also give you counselling and support.

Your employer cannot penalize you for complaining to a labour standards office. In every province and territory, private and public agencies offer encouragement and advice. These agencies can help you if you have difficulties, such as stress, anxiety or any other problems.

What is abuse?

Abuse can take many forms. Some forms of abuse are considered criminal acts punishable under the law in Canada. These can include:

• physical violence, such as physical or sexual assault, or
• any intentional physical contact that causes injury.

Each of these forms of abuse is considered a human rights abuse:

• verbal assault
• verbal mocking
• Verbal threats or false accusations by your employer which are meant to scare or intimidate you
• Threats to deport you if you do not comply with your employer’s demands are unacceptable forms of behaviour. Your employer does not have the authority to deport you.
• harassment
• behaviour towards you that is degrading or humiliating

Related Links

• List of caregiver support networks
• What can I do if I feel I’ve been a victim of abuse?

What can I do if I feel I’ve been a victim of abuse?

Do not confront your abuser. Inform the police, or provincial or territorial authorities, and let them investigate. A caregiver support network or a domestic worker advocacy group can also give you counseling and support. To find help, see the List of caregiver support networks.

If you feel that you’ve been a victim of abuse in your workplace, you may be eligible for emergency processing of a new live-in caregiver work permit to help you transition to a new employer as quickly as possible. Contact the CIC Call Centre to confirm the eligibility and application requirements for emergency processing of live-in caregiver work permits.

Be sure to know your rights and what steps to take if something goes wrong.

What other rights do I have?

As a temporary foreign worker, you have the same rights as other Canadians. Your employment contract also provides you with the right to suitable, furnished accommodations and privacy in your employer’s home.

Your employer must also provide a lock on the inside of your private unit or room.  The employment contract should also specify the type of furnishing you can expect to be provided upon your arrival in Canada.

You may spend your non-working hours as you wish. Your employer cannot insist that you spend your non-working time in her or his house. You can refuse to do work that is not in your employment contract.

Your legal documents, such as your passport and work permit, are your private property. Do not give them to your employer.

As a temporary foreign worker, you have the same rights as other Canadians working in your field. Find out more about Temporary foreign workers - Your rights and the law.

How much should I be paid if I am asked to work extra hours or during a day off?

Payment for working extra hours or vacation should be based on standards set by your provincial or territorial department of labour under employment standards laws. You should be paid for overtime according to the law.

For more on wage rates, consult the Human Resources Skills Development website.

For overtime rates, consult your provincial or territorial labour standards office. 

Can I refuse to work for personal or religious reasons?

You have the right to refuse duties that are not in your employment contract. There should be a clear understanding in the employment contract about your hours of work and your time off, including holidays and vacations. Before you sign a contract, you and your employer should agree to time-off requirements to deal with any personal or special matters. You have the right to refuse duties that are not in your contract.

Can my employer deport me?

No. Your employer does not have the authority to deport you from Canada.  If your employer is using these types of threats against you, you can register a complaint with the nearest provincial or territorial labour standards office. Verbal threats or intimidation are considered forms of abuse in Canada. A caregiver support network or domestic worker advocacy group can also give you counselling and support.

Can my children accompany me while I’m working?

You are allowed to bring members of your family with you to Canada, however this request would be carefully reviewed by a visa officer to ensure you would be able to provide for your family members.

As you are required to live in the home of the person you are caring for, it is unlikely that your employer would agree to also provide accommodation for your family. Also, since you are coming to Canada to provide care for other persons, it is often not practical for live-in caregivers to bring their family members with them upon their arrival.

My employer is moving within the same city. Do I need a new work permit or LMO to work at the new house?

If your employer is moving within the same city or province, you do not require a new work permit or LMO. However, you should advise CIC of your new address of employment.

My employer is moving to another province or territory. Do I need a new work permit or LMO to work at the new house?

If your employer is moving to a new province or territory, your employer must obtain a new Labour Market Opinion from Human Resources and Skills Development Canada/Service Canada and you must obtain a new work permit before working in the new location.

You should apply for a new work permit well before you move to the new location with your employer.

Can I work without a work permit while I wait for a new one?

No. It is illegal to work in Canada without a work permit. You should apply to extend your work permit at least 30 days before the expiry date. Your temporary status as a worker will continue under the same conditions, until your application is processed and you have been notified of the decision. Consult CIC’s current processing times for an estimate on when you can expect to receive your new work permit.

Can I work for more than one employer?

You cannot work for more than one employer under the Live-in Caregiver Program. Your work permit specifies your employer and the type of work you may perform while you are in Canada. Should you wish to leave the Live-in Caregiver program to find other types of employment, you may apply for a new work permit after your new employer obtains a positive Labour Market Opinion. For more information, see Changing jobs.

The hours you work for your new employer will not count towards the work experience required to apply for permanent residence under the Live-in Caregiver Program.

Can I change employers?

You may change employers. Your new employer must first obtain a positive Labour Market Opinion from Human Resources Skills Development Canada/Service Canada. You must also sign an employment contract with your employer before they can apply for a LMO.

Your HRSDC/SC centre may have information about available live-in caregiver positions. You may also wish to use the national Job Bank to help in your search for a new employer.

You may apply for a new work permit after these conditions are met.

For more information, see Changing jobs.

Can I study in Canada while I am a live-in caregiver?

Yes. However, if the course or program you want to take lasts more than six months, you will need to apply for a study permit. It is important to remember that you are in Canada to work as a full-time live-in caregiver.

You can take non-credit special-interest courses without a study permit.

You can download and print the study permit application form.

You must pay a processing fee for your study permit.

For more information, see Study permits.

Can I work in another country for my Canadian employer? What if my Canadian employer wants me to work at his/her winter residence in Florida?

Your live-in caregiver work permit only authorizes you to work in Canada at the residence of your employer or in the residence of the person you are caring for. While you may be able to obtain authorization from another country to perform work there, that work does not count toward your work requirement for permanent residence under the Live-in Caregiver Program.

You should also be aware that if you choose to work for your Canadian employer in another country, the protections you have under provincial/territorial labour and employment standards would not apply to you.

Can I return to my home country for a vacation?

Yes, you can return to your home country for a vacation. But the length of your vacation should be written in your employment contract. If you take a longer vacation than you have agreed to in your contract, without written consent from your employer, you could lose your job in Canada.

Before travelling, you should check with your country’s government for information on visiting or exit visa requirements. These requirements could change while you are working in Canada.

Citizens from some countries and territories must have temporary resident visas to enter Canada. If you are from one of these countries, you may have to reapply for the visa before you can return to Canada. This could take time. Find out about the temporary resident visa requirement before you leave Canada.

If you stay outside Canada for more than one year or if your work permit expires while you are outside Canada, you will have to reapply to return to Canada under the Live-In Caregiver Program.

Who can I include on my Permanent Residence application?

All family members living in Canada and abroad must be included in your application for permanent resident status in Canada. Their applications for permanent resident status will be processed at the same time as yours. Your family members living abroad will not receive their papers to come to Canada until you receive permanent resident status.

In order for you to become a permanent resident, all of your family members who are not Canadian citizens or permanent residents must undergo and pass an immigration medical exam, even if they are not coming to Canada.

You will likely not be required to have a medical examination as part of your application. Yet, if it is required, we will provide instructions on medical exams after you send your application.

You and all the family members included in your application, whether residing in Canada or abroad, must pass background checks. You cannot get permanent resident status until you and your family members all pass these checks.

If and when all the requirements are met, then you and your family members in Canada will be invited to the Citizenship and Immigration Canada office nearest your home to obtain your permanent resident status. You, as the principal applicant, must be granted permanent resident status first, or at the same time as any family members.

An officer will issue permanent resident visas to those family members living outside Canada who were included on your application. Your family members can then come to Canada and get permanent resident status.

I entered Canada with a work permit as a housekeeper under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D). After working in Canada as a housekeeper for a while, I decided to change occupations and obtained a new work permit under the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D) authorizing me to work as a caregiver living in my employer’s home. Can the time I work as a caregiver under this work permit count toward meeting the employment requirement to be eligible to apply for permanent residence under the Live-in Caregiver Program?

No. In order to be eligible to apply for permanent residence under the Live-in Caregiver Program, a foreign national must have applied from outside Canada and been assessed as meeting the criteria of the Live-in Caregiver Program before entering Canada and working as a live-in caregiver. Only time worked as a live-in caregiver with a valid work permit under the Live-in Caregiver Program can be counted toward meeting the employment requirement to be eligible to apply for permanent residence under the Program.

The employment requirement to be eligible to apply for permanent residence under the Live-in Caregiver Program changed on April 1, 2010. What were these changes?

Effective April 1, 2010, live-in caregivers working in Canada under the Live-in Caregiver Program have two options for calculating their work experience to be eligible to apply for permanent residence:

• 24 months of authorized full-time employment, or
• a total of 3,900 hours (within a minimum of 22 months which may include a maximum of 390 hours of overtime) of authorized full-time employment.

Live-in caregivers submitting an application for permanent residence under the Live-in Caregiver Program on or after April 1, 2010, must select one of these two options for calculating whether they have met the employment requirement to be eligible for permanent residence as a live-in caregiver. CIC will assess the application according to the calculation option selected by the applicant.

Effective April 1, 2010, live-in caregivers have up to four years from their date of arrival in Canada under the Live-in Caregiver Program to complete the employment requirement to be eligible to apply for permanent residence. How do I know if this change applies to me?

Live-in caregivers, including those who were already in Canada when this change came into effect, now have a maximum of four years from their date of arrival in Canada under the Live-in Caregiver Program to complete the employment requirement to be eligible to apply for permanent residence.

To be eligible for permanent residence, live-in caregivers must have completed at least 24 months or a total of 3,900 hours of authorized full-time employment within four years of their date of arrival. Live-in caregivers also have the option to include up to 390 hours of overtime in the total of 3,900 hours, allowing them to complete the employment requirement in as little as 22 months from their date of arrival in Canada under the Program.

Here are some fictional scenarios to help you determine how this change applies to your situation.

Scenario 1:

I arrived in Canada with a work permit under the Live-in Caregiver Program on August 10, 2003. By the time my work permit under the Program expired on August 10, 2006, I had completed a total of 22 months of full-time employment as a live-in caregiver under the Program. Since I did not meet the employment requirement under the Program at that time, I did not apply for permanent residence. However, I decided to stay in Canada and have since continued working as a live-in caregiver with a valid work permit, though not under the Live-in Caregiver Program.

Can I benefit from the new 4-year period allowed to complete the employment requirement and now apply for permanent residence under the Program?

Answer:

Yes.

To be eligible for permanent residence under the Live-in Caregiver Program, you will need to submit an application for permanent residence and provide proof that you completed at least 24 months or a total of 3,900 hours of authorized full-time employment as a live-in caregiver within the four year period of August 10, 2003 to August 10, 2007.

Scenario 2:

I arrived in Canada with a work permit under the Live-in Caregiver Program on November 30, 2006. By the time my work permit under the Program expired on November 30, 2009, I had completed a total of 20 months of full-time employment as a live-in caregiver under the Program. Since I did not meet the employment requirement under the Program at that time, I did not apply for permanent residence. However, I decided to stay in Canada and have been working since November 2009 with a valid work permit as a live-out caregiver.

Can I benefit from the new 4-year period to complete the employment requirement and now apply for permanent residence under the Program?

Answer:

No.

Only periods of authorized full-time employment as a live-in caregiver count towards meeting the employment requirement to be eligible to apply for permanent residence under the Live-in Caregiver Program. The time you have worked as a caregiver living outside your employer’s home does not count towards meeting the employment requirement for permanent residence under the Program.

Scenario 3:

I arrived in Canada with a work permit under the Live-in Caregiver Program on January 25, 2009. My current work permit indicates that I have until January 25, 2012 to complete the employment requirement to be eligible to apply for permanent residence under the Program.

Do I have up to four years from my date of arrival in Canada to complete the employment requirement to be eligible for permanent residence under the Program?

Answer:

Yes.

You will be eligible to apply to extend your work permit under the Live-in Caregiver Program until January 25, 2013.

You could count any authorized full-time employment as a live-in caregiver you completed within the four year period of January 25, 2009 and January 25, 2013 towards meeting the employment requirement to be eligible for permanent residence under the Live-in Caregiver Program.

Scenario 4:

I arrived in Canada with a work permit under the Live-in Caregiver Program on May 1, 2006. By the time my work permit under the Program expired on May 1, 2009, I had completed a total of 23 months of authorized full-time employment as a live-in caregiver. Since I did not meet the employment requirement under the Program at that time, I did not apply for permanent residence.

I decided to start again and submitted an application to a visa office outside Canada for a new work permit under the Live-in Caregiver Program. My application was approved, and I received a new work permit and entered Canada under the Live-in Caregiver Program again on January 5, 2010. My current work permit indicates that I have until January 5, 2013 to complete the employment requirement to be eligible for permanent residence under the Live-in Caregiver Program.

Can I benefit from the new 4-year period to complete the employment requirement and now apply for permanent residence under the Program?

Answer:

Yes.

To be eligible for permanent residence under the Live-in Caregiver Program, you will need to submit an application for permanent residence and provide proof that you completed at least 24 months or a total of 3,900 hours of authorized full-time employment as a live-in caregiver within the four year period of May 1, 2006 to May 1, 2010.

You can count the 23 months of full-time authorized employment as a live-in caregiver you completed within the three year period of May 1, 2006 to May 1, 2009 in addition to one month of full-time authorized employment as a live-in caregiver you completed between January 5, 2010 and May 1, 2010. Together, these two periods of employment count towards meeting the employment requirement to be eligible for permanent residence under the Live-in Caregiver Program.

Will live-in caregivers be affected by the four-year cumulative duration regulation which came into effect on April 1, 2011?

This regulation establishes a maximum cumulative duration for the period that a temporary foreign worker can work in Canada.

The vast majority of live-in caregivers eventually apply for permanent residence under the Live-in Caregiver Program.

Live-in caregivers who have applied for permanent residence and who have received a positive stage one assessment of their application (“approval in principle” letter) during the cumulative duration period, are exempt from the four-year limit.

For the small number of caregivers who do not seek permanent resident status, or whose applications are refused at the stage one “approval in principle” phase of assessment, the cumulative duration regulation will apply.

As with all other temporary foreign workers, live-in caregivers will start with a clean slate on April 1, 2011. Any work they performed under a valid LCP work permit prior to that date will not be counted towards the four-year cumulative duration limit.

In addition, any periods of absence from Canada (including any time that a live-in caregiver has worked for their employer outside Canada), periods of unemployment, periods of medical or maternity leave spent in Canada will not count towards the four-year cumulative duration limit.