by Atty. Henry Moyal
This article is being devoted to live in caregivers because during the last month, there has been a flurry of inquiries from employers who have been refused labour market opinions and also a steady stream of worried caregivers who fear that they will not be able to obtain permanent residence after two years.
Change in Job Recruitment Efforts
In the past it was almost automatic for a Canadian employer to receive a job offer validation from HRSDC to employ a local or foreign based live in caregiver.
The reasoning was that it was unlikely that a Canadian employer would be able to find a local worker to do the job of a live in caregiver, hence efforts to recruit were minimal.
Effective immediately, however, Canadian employers now must advertise on the Service Canada’s Job Bank for at least two weeks plus must demonstrate other recruitment efforts in order to be approved.
While the process seems simple, in my opinion it leads to a privacy concern as anyone can now see who is hiring and for what position.
Change in Renewal of Work Permit
In the past it was relatively simple to “switch employers” while a person was under the live in caregiver program. No advertising was required.
Effective immediately, live in caregivers who wish to switch employers must apply for a work permit and the work permit must be accompanied by a labour market opinion issued by Service Canada to the new employer.
It should be noted that the new employer must now advertise on the Job Bank for two weeks regardless of whether the caregiver is already in Canada or not.
Bad Rumour Over Permanent Resident Application
There is bad rumour that is spreading like wildfire stating that live in caregivers are no longer eligible to apply for permanent residence after two years.
In other words, the live in caregivers can work and obtain work permits but cannot automatically obtain permanent residence after working 24 months.
In fact, this is a bad rumour and not true. There have been no changes to the live in caregiver – permanent resident application process.
Caregivers who work for 24 months within the first 36 months of arrival are still eligible to apply for permanent residence.
Atty. Henry Moyal is a certified and licensed immigration lawyer in Toronto. The article above is general advice only is not intended as legal document. Send your inquiries to his office phone 416-733-3193.