It is finally official. As of April 1, 2010 important changes have been made to the caregiver program – both for workers and employers. Effective April 1, 2010:
1. Live in Caregivers working in Canada have up to four years from the date of their arrival in Canada to complete the employment requirement to be eligible for permanent residence. In the past, caregivers had only three years. Under the regulations, this four year rule applies to all live in caregivers for whom a determination on permanent residence had not yet been made.
2. Caregivers now have an option on how they will calculate the minimum work requirements. In the past, a caregiver had to accumulate 24 months. Now, caregivers may choose between 24 months of employment or 3900 hours or authorized full time employment. The rationale for the second option is due to the fact caregivers usually work long hours and with overtime. Now, caregivers can, if applicable, obtain a credit of a maximum of 390 hours of overtime. As such, a minimum of 22 months of full time work must be accumulated.
3. Caregivers who apply for permanent residence and are approved as a member of the live in caregiver class are not required to undergo a second medical exam.
4. Employers must submit a detailed and signed contract to Service Canada (HRDC) at the time of filing their LMO application. In the past, the employer/employee contract was only required to be submitted to the visa post.
5. Employers must now pay for the caregiver’s health insurance before the worker is eligible for provincial health care. For example, in Ontario a worker does not obtain OHIP health care until after three months. Therefore, employers are now on the hook and must pay for the worker’s private health coverage for the first three months. Most importantly, the employer cannot recoup the expense from the worker in any way.
6. Employers must enrol the caregiver in provincial workplace safety insurance (aka worker’s comp). The employer cannot recoup any expenses from the worker in any way.
7. Employers must pay for any recruitment fees or any agency fees and cannot recoup the expenses from the worker in any way. The contract now includes a section clearly indicating the amount , if any, charged to the agency.
8 .Employers must pay for transportation costs for the caregiver to travel to Canada. The employer cannot recoup the expense from the worker in any way.
9. Employers now must offer a minimum of $10.25 per hour to caregivers (previous minimum amount was $10 / hr) in Ontario.
10. Employers must keep records of the number of regular and overtime hours the caregiver has worked on a weekly/monthly basis. The information and details will then need to be given to Immigration Canada upon filing for permanent residence.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by phone 416 733 3193 or email www.moyal.com
