Resources

Hiring A Foreign Live-In Caregiver

Hiring a foreign Live-In Caregiver can be a time consuming process and there are many factors to consider when hiring someone to work for you while living in your home. Not everyone is comfortable with sharing their personal living space, but for some it’s an option that works very well. You may choose to hire someone who is currently living in another country and will need to start a new work permit process to enter Canada, or choose to hire someone who is currently living in Canada under a work permit with another employer, and looking for a new job. In either case a work permit, under your name, is required before the live-in caregiver can legally live in your home and begin working for you. Once you have found a suitable candidate, you must go through the steps listed below before your perspective employee can obtain a working permit under your name.

  1. You must obtain a positive Labour Market Opinion (LMO) with Human Resources and Skills Development Canada (HRSDC). A positive Labour Market Opinion indicates that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job. For the Foreign Live-In Caregiver program the current BC requirement is that you advertise the position on the National Job Bank www.jobbank.ca for a period of 14 calendar days in the 3 months prior to making application for the LMO and provide proof of this recruitment effort in a Recruitment Report. See HRSDC for links to the Recruitment Report application. In this report you must list the number of applicants and why they were not considered. You must save any applications received. See (HRSDC) Temporary Foreign Worker Program for details about what the advertisement must include. You must conform to the prevailing wages, working conditions and advertising requirements in BC. See HRSDC Regional Wages, Working Conditions and Advertising Requirements for the Live-In Caregiver Program.

  2. When you apply for the LMO you must include this recruitment report along with Employer Authentication which includes your Canada Revenue Agency (CRA) employer number (see information about applying for a CRA number under "The Payroll Steps" in the Resource section (insert link here), an attestation form signed by a guarantor who can testify to your identity, as well as a letter of application from your perspective employee. All of the documents must be sent to:

    Service Canada
    Foreign Worker Program
    P.O.Box 6500
    Toronto LCD
    Downsview A
    Toronto ON, M3M 3K4
    Fax: 416-954-3107 or 1-866-720-6094 (toll free)

Click here to view an outline of these required documents.

In addition to applying for a Labour Market Opinion, if you want to hire foreign live-in caregivers to work in British Columbia, you must register with the provincial government, see more information here.

If a positive labour market opinion is received then you must send your perspective live-in caregiver an employment contract along with the letter of approval from Service Canada. See for a sample employment contract.

The perspective live-in caregiver will then send the employment contract (signed by both you and live-in caregiver) and the letter of approval from Service Canada to apply for a work permit through Citizen and Immigration Canada (CIC) see: http://www.cic.gc.ca/english/work/caregiver/index.asp . Once a working permit is received by the perspective live-in caregiver they can legally move into your home and begin work for you.

For more information on Employment Standards that govern all BC employment relationships visit Employment Standards Act  at www.bclaws.ca.

Visit The Payroll Steps on our website for information explaining your legal payroll obligations as an employer and Tax Questions PWD shelter benefits  for information about the tax treatment of a room and board charge to a live-in caregiver.

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