Labour Market Impact Assessment (LMIA) and Work Permits for Hiring Caregivers / Nannies in Canada

Employers who want to hire Caregivers or Nannies require a Labour Market Impact Assessment ( LMIA). A LMIA is required before applying for a work permit renewal with the same employer or with a new employer.
The LMIA is a report issued by Employment and Social Development Canada (ESDC) that outline the impact hiring a foreign worker would have on Canada’s labour market. Employers need to obtain this assessment in order to hire foreign worker Caregivers or Nannies. If the assessment is positive, a report outlining the conditions of the job being offered by the employer, the names of the employee and also the expiry date of the LMIA will be listed in the document issued by ESDC.  Presently, Caregivers and Nannies have no LMIA exemptions, a LMIA must be submitted and approved.
 
Once a positive LMIA has been issued, it must be forwarded to the employee to enable them to obtain a visa and/or a work permit that will allow them entry to the country with the rights and obligations of any other worker. If the worker is already in Canada, a work permit renewal application must be submitted.
The Employer is responsible to apply for the LMIA and must go through the application process to hire the Caregiver / Nanny.
The Employer may hire a caregiver who is already in Canada and part of the Live-in Caregiver Program and wants to continue working, the Employer needs to get an LMIA and the caregiver needs to get a new work permit. The Caregiver is not allowed to work until the new work permit is issued for the new employer.
The job offer must first be assessed and approved by ESDC in the form of a Labour Market Impact Assessment (LMIA) before a caregiver can begin working. The LMIA is the first step to hiring a foreign worker. The employer is required to demonstrate that no Canadian citizen or permanent resident in Canada is qualified and available to take the live-in caregiver job and that the employment offer meets all the necessary legislative and program requirements. You must provide a copy of the signed written employment contract with your caregiver as part of your LMIA application.
The Employer and the caregiver hired are legally required to sign a written employment contract. The written contract will ensure there is a fair working arrangement between the Employer and tje Caregiver. The Caregiver must submit the signed contract with the work permit application.

Presently, Caregivers and Nannies have no LMIA exemptions. If a Caregiver changes Employers the new employer must have the LMIA approved before a work permit can be approved.

To advertise for a caregiver / Nanny you must post in Canada’s national Job Bank. They will also require the Employer to show that they have made reasonable efforts to hire a Canadian, a permanent resident or a foreign worker already in Canada as a live-in caregiver. The Employer is required to advertise your position in the national Job Bank. Find out more about the minimum recruitment efforts required under the Live-in Caregiver Program on the ESDC website.

You can hire a live-in caregiver who is already in Canada and has a valid work permit. The caregiver will need to apply for a new work permit naming you as the employer. It is illegal for the caregiver to begin working for you without this permit. You cannot hire a caregiver on a trial basis to find out if they are suitable. It is a crime to employ a worker who is not authorized by Citizenship and Immigration Canada (CIC).

When you have found a caregiver you want to hire, contact the ESDC/SC Live-in Caregiver Call Centre to obtain more information about the Live-in Caregiver Program at 1-800-367-5693 (from within Canada or the United States) or 506-546-7569 (from outside Canada or the United States).

PROBLEMS

As of January 2016, the LMIA application process is taking eight plus (8+) weeks and the work permit almost as long or longer. For further info or clairfiaction you can try to call  CIC 1-888-242-2100, however, it is next to impossible to talk with a real person. When an employer has found a caregiver they want to hire, they can contact the ESDC/SC Live-in Caregiver Call Centre to obtain more information about the Live-in Caregiver Program at 1-800-367-5693, HOWEVER, you need the LMIA. ESDC/SC while very helpful and you can actually talk with a person you need CIC to get the work permit. Online is the best method for dealing with CIC. 

In, conclusion, a LMIA is required before applying for a work permit renewal with the same employer or with a new employer. Apply for the LMIA ASAP because it can take 8+ Weeks for employers to obtain a positive LMIA. When the LMIA is approved apply online for the CIC work permit (unknown length of time but estimated to be 3-4 months). Hopefully, the new Trudeau Government will streamline the Caregiver / Nanny process in the near future.

Filipino Home Caregiver and our contractors can handle the processing of the LMIA, work permit and visas for the workers abroad or the work permit extensions inside Canada. Contact us online.

If you are a Caregiver apply online.

 

LMIA Application Update

LMIA Application Update

 

Applying for a LMIA for Caregiver

Applying for a LMIA for Caregiver