2019年加拿大住家护理试点移民项目 Canada caregivers immigration pilot programs - Home Child Care Provider Pilot and the Home Support Worker Pilot

#1

2019年加拿大住家护理项目新政 - 飞出国

飞出国: 适合女性的住家护理现在有了获得加拿大永久居民的新途径 Caregivers will now have access to new pathways to permanent residence。针对下列职业:

  • 家庭儿童护理提供者 Home child care providers (NOC 4411)
  • 家庭支助工,管家和相关职业 Home support workers, housekeepers(NOC 4412)

2019年2月23日,加拿大移民部长艾哈迈德·胡森宣布了针对住家护理人员的移民签证政策。飞出国总结如下:

  • 2019年3月4日到2019年6月4日开放住家护理临时过渡类别(Interim Pathway for Caregivers),为2014年住家护理项目变政后无法申请的住家护理人员提供移民途径
  • 2019年年底实施两项新的护理人员项目,每个的配额是2750,共5500,新试点项目可以携带配偶和子女
    • 家庭幼儿服务提供者试点(Home Child Care Provider Pilot,或叫家庭儿童保育提供者计划)
    • 家庭支持工作者试点计划(Home Support Worker Pilot)

新项目将先审核申请人的资格,能满足新设定的移民要求后再审批工签,在加拿大工作满2年后再申请移民,

Canada caregivers immigration pilot programs 具体细节 2019 年年底发布。届时,之前的住家护理项目试点结束,同时由于之前的住家护理项目 LCP (Live-in Caregiver Program)早已关闭新申请,当前也已经基本处理完积压,可以轻装上阵了。新的护理人员试点项目期限是5年,这样保证申请人可以保证最早那批申请人可以拿到移民签证(工作2年递交移民申请然后再等2年左右,一般从拿到工签到获得绿卡需要4年)。

加拿大护理人员移民试点项目的核心还是工签转移民(类似雇主担保),只是针对的人群是有儿童护理或住家保姆经验的人群,雇主是家庭而不是企业。

给人当佣人的感受不太好,这个项目最适合的是菲佣群体,比起留学移民,当佣人期间有工资是个优势,其次是移民确定性较高(只要不被雇主炒鱿鱼后找不到新雇主),但不会有留学移民舒服和自由。

比起常规雇主担保,护理人员因为是有需要的家庭给儿童或病人招募的,因此对合格雇主(招用住家护理家庭)的审核也是这个项目的重点,包括雇主的经济实力,住房,是否有需要照看的儿童或病人,怎样帮助雇主招聘到合适的护理人员等。

中国申请人有多少机会申请加拿大住家护理项目 - 飞出国

首先,对境外申请人,白领不太适合住家护理,其次,以劳务输出为主群体可能无法满足学历,语言,和专业技能要求,因此做过幼师,做过护士的专科或技校以上学历并有一定英语基础的申请人更合适。

再次,因为中国家庭或希望学习中文的西人家庭也自然有很多看护中国老人或看护儿童的需求,而人已经在加拿大的群体更可以近水楼台,因此,之前学护理或幼教相关专业且这几年毕业的也有希望按这个项目申请(如果可以放下身段做阿姨的话)。

对于新近的留学生选择方便做阿姨的专业留学是否可以呢,也可以的,护工这个职业永远是需要的。而具体问到住家护理工资多少可以参考下面 neuvoo 的平均统计。

Live in caregiver salaries per region salarie
Newfoundland $27,300
Alberta $26,520
Ontario $25,350
Northwest Territories $24,375
Saskatchewan $24,375
Nova Scotia $24,375
Yukon $23,400
Manitoba $23,400
British Columbia $23,400
New Brunswick $23,400
Quebec $22,149
Nunavut N/A
Prince Edward Island N/A

https://www.jobbank.gc.ca/jobsearch/jobsearch?pcd=ON&jkw=live+caregiver&wid=pv&sort=M


加拿大2019年启动二个新的5年护理员移民试点计划 - 飞出国加拿大移民

来自:加拿大移民,难民和公民部新闻发布

2月23日,2019年 - 多伦多,安省 ON 住家护理很快将获得2个新的5年护理员移民试点,这将取代即将到期和无效的试点项目。新的试点将允许护理人员与他们的家人一起来到加拿大,并提供永久居住的途径。

移民,难民和公民部长艾哈迈德·胡森今天宣布(2月23日),护理者很快就会有更大的灵活性来迅速转换工作岗位,限制家人陪同看护人到加拿大的障碍将被取消。

根据新的住家护理试点项目,申请人开始在加拿大工作之前将被评估为永久居住标准。一旦看护人(caregiver)获得工作许可并在加拿大工作并积累2年的工作经验,就可以直接申请成为永久居民。

这些试点项目将取代“儿童护理及病人护理试点”(Caring for Children and Caring for People with High Medical Needs pilots),包括:

  • 照顾者的职业特定工作许可,提供在必要时快速换工作的能力。
  • 为配偶/同居伴侣提供公开工作许可证,为受抚养子女提供学习许可,让照顾者的家人陪同他们到加拿大。

此外,部长还启动了护理人员临时过渡类别(Interim Pathway for Caregivers),该途径有期限是2019年3月4日到2019年6月4日。

该临时计划是在直接听取2014年做出的改变尚未得到充分理解当时政策的护理人员和有关方面的意见后启动的,那时许多照顾者开始为加拿大的家庭工作,后来才发现他们根据现有计划无法获得永久居留资格。

为了解决这个问题,护理人员临时衔接途径将为这些护理人员提供永久留在加拿大的机会。与目前的试点计划相比,临时计划将有一个修改后的标准,为善意的加入加拿大并为加拿大人提供护理的护理人员提供永久居住的途径,而没有明确的永久居住途径。

加拿大政府继续致力于家庭团聚,并消除所有移民流的积压。 2017年,政府承诺消除80%的护理人员积压,并将处理时间从60多个月的高峰期缩短。迄今为止,政府减少了94%的积压,并将处理时间缩短至12个月。

数据 Quotes - 飞出国2019

“护理人员为需要它的加拿大家庭提供照顾,加拿大是时候照顾他们了。我们为他们提供了将家人带到这里并获得永久居留权的机会,以表明我们的承诺。“

  • 移民,难民和公民事务部长Ahmed Hussen阁下

要闻速览 Quick facts - 飞出国2019

  • 2017年10月,在住家照顾者计划(LCP)的积压案件中,约有9,000个案件,24,000名护理者及其家人。今天,现在只有495个案件需要处理,共有2,655人,减少了94%。
  • 来自那些被批准进入LCP的人的新申请的处理时间是12个月,而不是之前60个月的高峰期。
  • 根据“关爱儿童及关怀高医疗需要人士”的申请,将在6个月或更短时间内继续处理。
  • 家庭幼儿服务提供者试点和家庭支持工作者试点计划(Home Child Care Provider Pilot and the Home Support Worker Pilot)将于今年晚些时候推出,每年最多有2,750名主要申请人,每年共有5,500名主要申请人。配偶/同居伴侣和受抚养子女不会计入限额。

Launching 2 new 5-year caregiver immigration pilot programs

February 23, 2019—Toronto, ON– Caregivers will soon have access to 2 new 5-year caregiver immigration pilots that will replace expiring and ineffective pilot programs. The new pilots will allow caregivers to come to Canada together with their family and provide a pathway to permanent residence.

Caregivers will also soon have greater flexibility to change jobs quickly, and barriers that prevent family members from accompanying caregivers to Canada will be removed, Immigration, Refugees and Citizenship Minister Ahmed Hussen announced today.

Under the new pilots, applicants will be assessed for permanent residence criteria before they begin working in Canada. Once the caregiver has their work permit and 2 years of work experience, they will have access to a direct pathway to become a permanent resident.

These pilot programs will replace the Caring for Children and Caring for People with High Medical Needs pilots and include:

  • Occupation-specific work permits for caregivers, providing the ability to change jobs quickly when necessary.
  • Open work permits for spouses/common-law partners and study permits for dependent children, to allow the caregiver’s family to accompany them to Canada.

In addition, the Minister also launched the Interim Pathway for Caregivers, which will be open from March 4, 2019, until June 4, 2019.

This interim program is being launched after hearing directly from caregivers and interested parties that the previous changes made in 2014 were not well understood. Many caregivers began working for families in Canada, only to find out later that they were not going to qualify for permanent residence under an existing program.

To address this issue, the Interim Pathway for Caregivers will provide those caregivers an opportunity to stay in Canada permanently. The interim program will have modified criteria compared to the current pilot programs and offer a pathway to permanent residence for caregivers who, in good faith, have come to Canada and are providing care to Canadians, without a clear pathway to permanent residence.

The Government of Canada continues to be committed to family reunification and eliminating backlogs across all immigration streams. In 2017, the Government committed to eliminating 80% of the caregiver backlog and reducing the processing time from its peak of more than 60 months. To date, the Government has reduced 94% of the backlog and reduced the processing time to 12 months.

Quotes

“Caregivers provide care to families in Canada that need it, and it’s time for Canada to care for them in return. We are providing them with both the opportunity to bring their family members here and access permanent residency to demonstrate our commitment.”

– The Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship

Quick facts

  • In October 2017, there were about 9,000 cases, representing 24,000 caregivers and their family members, in the Live-in Caregiver Program (LCP) backlog. Today, there are now only 495 cases left to be processed, representing 2,655 people in all, a reduction of 94 percent.
  • The processing time for new applications from those who were grandfathered into the LCP is 12 months instead of the peak of 60 months previously.
  • Applications under the Caring for Children and Caring for People with High Medical Needs pilots continue to be processed in 6 months or less.
  • Both the Home Child Care Provider Pilot and the Home Support Worker Pilot will launch later this year and have a maximum of 2,750 principal applicants each, for a total of 5,500 principal applicants, per year. Spouses/common-law partners and dependent children will not count against the limit.

提交免费在线评估后可以 微信 联系飞出国( flyabroad_hk )或 预约面谈http://flyabroad.me/contact/

访问 飞出国香港flyabroad.hk)网站获得更多出国移民项目及资讯信息。

#2

飞出国:当前住家护理项目已经暂停受理新的住家护理移民申请,对打算雇佣住家护理的雇主的要求这些年一直未变,需要申请到 LMIA 。

Find out if you can hire a caregiver through the Live-In Caregiver Program

The Live-in Caregiver Program (LCP) is closed to new applicants. You can only hire a caregiver through the LCP, if you have:

  • found a caregiver who already has a work permit in the LCP and who is looking for a new employer and
  • been approved for a Labour Market Impact Assessment that shows the caregiver has agreed to live in your home

If this does not apply to you, you can still hire a foreign caregiver. You and the caregiver can decide if they will live in or out of your home. You will need to get a positive LMIA from Service Canada and the caregiver must apply for a regular work permit.

The instructions on this page are only for employers who want to hire a caregiver with a work permit in the Live-in Caregiver Program.

To hire a caregiver through the LCP, you must:

  • first try to fill your position with a Canadian citizen or a permanent resident
  • be able to pay them
  • give them acceptable living space in your home
  • offer them a job caring for
    • a child
    • an elderly person
    • a person with a disability

You must also hire a caregiver who:

  • is already part of the Live-in Caregiver Program
  • wants to continue working on a live-in basis

If you have found a caregiver who is already part of the program:

  • you will need to get a positive LMIA
  • the caregiver needs to get a new work permit
  • you must include the live-in arrangement in the LMIA application

Caregiving must be the main responsibility of the job. For example, you can’t hire through the LCP if the main duties are house cleaning.


提交免费在线评估后可以 微信 联系飞出国( flyabroad_hk )或 预约面谈http://flyabroad.me/contact/

访问 飞出国香港flyabroad.hk)网站获得更多出国移民项目及资讯信息。

#3

Hire a temporary worker as an in-home caregiver: Program requirements

因为可能涉及变化,这里飞出国对2018年年底最新的雇佣住家护理临时工人的要求保存到这里,方便后期对比。

2. Program requirements

Processing fee

Employers must pay $1,000 for each position requested to cover the cost of processing a Labour Market Impact Assessment (LMIA) application.

The processing fee payment (in Canadian dollars) can be made by:

  • Visa
  • MasterCard
  • American Express

Families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee.

Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.

There will be no refund in the event of a negative LMIA, or if the application is withdrawn or cancelled by the employer since the fee covers the assessment process and not the outcome. In addition, if a live-in requirement is found during the assessment of the LMIA application, there will be no refund.

Refunds will only be available if a fee was collected in error (for example, an incorrect fee amount was processed).

Employers must be aware that Employment and Social Development Canada (ESDC), has a policy that prohibits employers and third-party representatives from recovering the LMIA processing fee from temporary foreign workers (TFW).

Language restriction

A distinct language assessment factor has been introduced as subsection 203 (1.01) of the Immigration and Refugee Protection Regulations (IRPR). As a result, English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.

Language proficiency

Employers must ensure that the caregiver being hired speaks, reads and understands at least one of Canada’s official languages (English or French). Caregivers must have a level of fluency that enables them to communicate effectively and independently in an unsupervised setting.

Education, training or experience

Employers are responsible for ensuring that the TFWs being hired have all the training, qualifications and experience required to successfully and safely perform the job duties of the position for which they are hired. TFWs being hired for:

  • lower-skilled occupations may require a certain amount of experience, short work demonstrations, on-the-job training, or no formal educational requirements; and
  • higher-skilled occupations may require a post-secondary education (for example, university degree, college diploma).

Regulated occupations

Employers hiring a TFW in regulated occupations in Canada must ensure that arrangements are made with the appropriate regulatory body for the certification, registration or licensing of the TFW. A “regulated” occupation is one where a professional or regulatory body has the authority to set entry requirements and standards of practice that lead to a certification, registration or licence (for example, doctors, nurses, with compulsory certification).

Immigration, Refugees and Citizenship Canada (IRCC) will consider whether the TFW has the necessary qualifications to perform the work in Canada before issuing a work permit.

IRCC has established 2 pathways to permanent residency for caregivers, which are:

  • Caring for children
  • Caring for people with high medical needs

Each pathway has its own language and education requirements. For detailed information on these requirements, visit IRCC.

Multiple employers

Private household employers can partner with another employer (maximum of 2 official employers), to share the responsibilities of hiring an in-home caregiver. For example, 2 adult children may act as employers of a caregiver for an incapacitated parent. In situations that involve multiple employers, only 1 application is required; however both employers must meet all of the program requirements and sign all documents (for example, Labour Market Impact Assessment (LMIA) application, employment contract, bedroom description form (mandatory in the case of a live-in caregiver).

Canada Revenue Agency business number

Individuals hiring a foreign caregiver are considered employers and must obtain a business number (BN) from the Canada Revenue Agency (CRA) to:

  • meet the initial registration requirements for advertising on the national Job Bank website or its provincial/territorial counterpart
  • apply for a TFW
  • pay the worker’s wage (including vacation pay)
  • make deductions from the worker’s wage as prescribed by the law and the TFWP
  • issue pay stubs, statements, remuneration paid (T4) or Records of Employment (ROE)

To obtain a business number

A BN is a 9-digit business identifier that CRA assigns to an employer located in Canada for tax purposes.

Employers can register for a BN by:

Employers should know that:

  • Sole proprietors may use an existing BN to hire a foreign caregiver. However, they must employ the caregiver under a domestic account separate from their other business activities.
  • Other employers cannot use an existing company BN, should they have one, to hire a foreign caregiver. They must obtain a separate BN for the specific purpose of hiring a caregiver.
  • In instances of multiple employers applying to hire a foreign caregiver, only 1 BN is required.
Businesses outside Canada
  • Employers in the United States can contact the International Tax Service Office at:
    1-800-267-5177 ext. 9144 (toll-free)
  • Employers from outside Canada and the United States can call collect at:
    1-613-940-8497

Record of Employment

Under the provisions of the Employment Insurance Act, all employers are required to provide a Record of Employment(ROE) when an interruption of earnings occurs for an employee. This requirement applies whether the employee is a Canadian or a foreign worker. The ROE, which indicates the wages paid and the number of weeks the TFW worked, is required by the foreign worker as proof to qualify and apply for permanent residency. TFWs also need the ROE to apply for Employment Insurance benefits.

Proof of individual requiring care

Employers must provide proof that they or a dependant is in need of care. The documentation that must be submitted along with the application form includes proof of one of the following:

  • age and parentage for each child under the age of 18 (provide one of the documents listed):
    • long form birth certificate
    • adoption order
    • official guardianship, or
    • medical doctor’s note confirming the pregnancy and the due date
  • age for each senior, 65 years or older (provide one of the documents listed):
    • birth certificate
    • passport, or
    • Old Age Security identification card
  • disability, chronic or terminal illness for each disabled, chronically or terminally ill person (provide one of the documents listed):

Financial ability

To hire a foreign in-home caregiver, employers must demonstrate their financial ability to pay the caregiver’s wages. Service Canada will assess the financial ability of the employer by using the Low Income Cut-Offs (LICO) produced by Statistics Canada. To have their financial ability assessed, employers must complete the Financial ability section of the LMIA application form. If the total is positive, the employer may be considered as having met the financial ability requirement.

As part of this assessment, employers must submit a copy of their Notice of Assessment (NOA) from the CRA with their LMIA application. The NOA submitted must be from the past year if your application is submitted after July 1. Please note that NOA’s submitted from previous years will not be accepted.

In exceptional cases where the employer is not required to pay income tax in Canada, copies of paystubs, bank statements, personal work contract or other official documents can be submitted as proof of income.

In cases of multiple employers where the income of one employer is not sufficient to meet the financial ability to pay the caregiver’s wages, the income of both employers can be combined to meet this requirement. However, the two employers must submit copies of their past year individual Notice of Assessment from CRA if your application is submitted after July 1. Please note that NOAs submitted from a previous year or a combination of years will not be accepted.

Transportation

Employers of low-wage in-home caregivers must always pay for the transportation costs (for example, plane, train, boat, car, bus) of the caregiver to the work location in Canada. These costs must be paid up-front to ensure that they are not part of any negotiations related to the employment contract. This process helps protect temporary foreign workers, who may be tempted to accept alternative travel arrangements in return for a job offer.

Employers may have a financial agreement with any member of their family to pay for the transportation costs.

Transportation costs may include :

  • transportation from the caregiver’s country of current residence to the work location in Canada
  • transportation from the caregiver’s current residence in Canada to the new work location
  • gas expenses when the caregiver drives his/her personal car to the new work location
  • return transportation from the caregiver’s current residence in Canada to his or her original country of residence

Employers should know that:

  • The mode of transportation selected must reduce the travel time, expenses and inconvenience to the caregiver.
  • Under no circumstances, can an employer recover the transportation costs from the TFW.

Transportation costs paid by the employer do not include :

  • hotels, meals and miscellaneous expenses during the caregiver’s travel to the work location;
  • transportation or other expenses for vacations or emergency trips

Employers must keep records (for example, invoices, receipts, copies of flight itineraries, tickets, boarding passes) of all transportation costs paid, for a minimum of 6 years. This information may be required as proof if employers re-apply for a subsequent LMIA or if they are selected for an inspection.

Note: This requirement does not apply to employers of high-wage in-home caregivers.

Housing

Employers cannot require a caregiver to live in their home. However, if an employer and foreign caregiver decide that a live-in arrangement is the most suitable, for the needs of the person requiring care or to assist the TFW, there are certain criteria that must be met. Specifically, employers must ensure the:

  • accommodation is being provided in the home of the person receiving care
  • accommodation is private and furnished bedroom
  • bedroom door has a lock and safety bolt on the inside
  • bedroom meets the municipal building requirements and the provincial/territorial health standards
  • foreign caregiver is not charged room and board for the accommodations, as per the policy, under the TFWP

Employers must complete the Bedroom description section of the LMIA application form.

Employers of low-wage in-home caregivers, who are not providing live-in accommodations, must ensure that suitable and affordable accommodation is available to the TFW. In addition, these employers should be prepared to provide proof (for example, newspaper ads) that affordable housing is available in the community where the TFW will be employed. Meanwhile, employers of high-wage in-home caregivers do not have to meet this requirement.

Ministerial instruction – Refusal to process an application

As a result of public policy considerations as determined in Ministerial Instructions, the TFWP may refuse to process LMIA applications received on or after December 1, 2014 from employers seeking to hire in-home caregivers exclusively on a live-in basis.

Health and workplace safety

Health insurance

Employers of low-wage in-home caregivers must always pay for the TFW’s private health insurance. Coverage must begin from the time the TFW arrives in Canada until the worker is covered by the appropriate provincial/territorial health insurance plan. The waiting period to be eligible for the provincial/territorial health insurance is available on the Ministry of Health websites for each province or territory. The private insurance coverage provided to the TFW must be similar to the provincial/territorial health insurance plan.

Note: Under no circumstances, can an employer recover the health insurance costs from the TFW.

Workplace safety

Employers must always ensure that the TFWs they want to hire under the TFW Program are covered from the provincial/territorial workplace safety insurance provider, where required by law. In provinces/territories where the provincial/territorial legislation allows employers the flexibility to opt for a private insurance plan, employers must ensure:

  • that any private plan chosen provides the same level of compensation to that offered by a province/territory (for example, must provide the same or better coverage than that offered by the province/territory)
  • that all employees on the worksite are covered by the same provider

Employers enquiring about private insurance plan equivalency should contact the provincial/territorial workplace safety authority.

The coverage purchased by the employer must correspond with the TFWs’ first day of work in Canada and the costs must not be recovered from the TFWs.

Employment contract

All employers of in-home caregivers must prepare and sign an employment contract. Although employers are not required to use the contract template provided, they must ensure that the contract used, contains all of the mandatory information and clauses. For positions in the province of Quebec, the Ministère de l’Immigration, de la Diversité et de l’Inclustion (MIDI) has its own requirements concerning the employment contract between an employer and a worker providing in-home care.

In the event that differences arise between the employer and the TFW, the contract will guide the resolution of disputes. In cases where the dispute cannot be resolved between the two parties, the employer or the TFW may contact the Ministry of Labour in the province/territory where the work is being performed.

ESDC/Service Canada has no authority to intervene in the employer-employee relationship or to enforce the terms and conditions of the contract.

Third-parties

Employers do not need to use the services of a third-party representative to apply for a foreign worker. However, employers who choose to use the services of one of these individuals or organizations must pay for all of the fees associated with the service and meet all of the applicable requirements.

Representatives assist employers by providing services, such as:

  • explaining and providing advice on the TFWP
  • completing and submitting the application form and all required documents
  • communicating with ESDC/Service Canada on the employer’s behalf
  • representing the employer during the application process

Employers who wish to use the services of a third-party representative, paid or unpaid, must complete the appropriate section of the LMIA application form. Employers must identify their representative and not simply the firm/organization employing this person.

Paid representatives

Individuals representing or assisting employers in exchange for compensation (for example, money, goods or services) must be authorized under section 91 of the Immigration and Refugee Protection Act (IRPA), which means they have to be a member in good standing with:

  • a Canadian provincial/territorial law society, or a student-at-law under its supervision
  • the Chambre des notaires du Québec
  • the Province of Ontario’s law society as a paralegal
  • the Immigration Consultants of Canada Regulatory Council (ICCRC)

Employers should visit Immigration, Refugees and Citizenship Canada (IRCC) to verify that a specific representative is authorized to represent them or provide immigration advice.

Unpaid representatives

Individuals representing employers for free (for example, do not collect fees or other forms of compensation) are not subject to any restrictions under the IRPA. These individuals are usually family members, non-for-profit or religious organizations that assist employers who may not be able to complete the application process on their own.

If a paid representative is not authorized under the IRPA, ESDC/Service Canada will continue to process the application, but will communicate with the employer directly. However, a copy of a signed letter stating that the employer is no longer using the services of the original representative will be required before the employer can:

  • hire another paid authorized representative
  • work with an unpaid representative

ESDC/Service Canada:

  • reserves the right to contact employers directly when further information or documentation is required.
  • will not mediate a dispute between an employer and a third-party representative nor communicate complaints to a regulatory body on an employer’s behalf. Employers who wish to file a formal complaint against their representative should contact the appropriate regulatory body (for example, the provincial law society, the Chambre des notaires du Québec or the ICCR). For additional information on how to file a complaint, visit IRCC.

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#4

雇佣境外住家护理需要满足工资达到中等水平,同时符合加拿大工作条件( Working conditions)。雇佣本地居民则没有这些要求,保护本地就业。

3. Wages, working conditions and occupations

Employers applying for a Labour Market Impact Assessment (LMIA) must pay the TFW at a minimum, the posted prevailing wage for the occupation and work location where the TFW will be employed.

Employers must refer to the median wage published on Job Bank to determine the prevailing wage.

Process to determine the prevailing wage of the position

Use the job title of the available position and conduct a search on Job Bank to determine the median wage for the occupation and work location where the TFW will be employed.

  • If the median wage is available on Job Bank, employers must pay the worker a wage that is equal or above that median wage for the economic region where the work will be located.
  • In Quebec the prevailing wage rates are determined based on labour market information wage data published by Emploi-Québec (in French only).
  • If the median wage is listed as “N/A” for the local area (economic region) where the work is located, employers should consult the provincial/territorial level wage. If this wage is not available, employers should consult the national wage.

Prevailing wage

Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.

Employers must review and adjust (if necessary) the TFW’s wage after 12 months of employment to ensure the worker continues to receive the prevailing wage rate of the occupation and work location where the TFW is employed.

In addition, employers must ensure the wage offered to the TFW is not below any:

  • Applicable federal or provincial/territorial minimum wage rates. If a provincially regulated wage for a specific occupation is greater than the wage posted on Job Bank, then the regulated wage will apply. As a result, employers must ensure they use this wage in all advertisements and on their application, in order to receive a positive assessment; or
  • Wage schedules set by provincial/territorial legislation (for example Manitoba Construction Industry Wages Act).

Employers offering a wage that is below the prevailing wage rate will be considered as not meeting the labour market factor for the assessment of wages and therefore, will be issued a negative LMIA.

Working conditions

Canadian law protects all workers in Canada, including TFWs. The exploitation of a TFW is considered a violation of Canadian laws and human rights.

Employers must:

  • pay workers for all work (including overtime, where required by law)
  • make sure that the workplace is safe
  • allow for proper break time and days off

Employment in most occupations is covered under provincial/territorial legislation that deals with labour and employment standards such as: hours of work, working conditions and termination of employment. In fact, every province/territory has a Ministry of Labour that can provide information to assist employers and TFWs with questions or issues related to work.

Occupations

Employers cannot force any TFWs to perform duties for which they were not hired or trained (e.g. if an employer submits an application to hire a TFW as a caregiver, the duties given to the worker must correspond to that occupation and not those associated with a cleaner).


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#5

住家护理临时过渡类别已开放,针对已在加拿大境内临时工作的住家护理人员

当地时间3月4日,加拿大住家护理临时类别已开放申请,6月9日结束,不限配额。本类别针对的是2014年11月30日后通过“儿童及病人护理试点项目”(Caring for Children and Caring for People with High Medical Needs pilots)来到加拿大、并持有效临时许可从事住家护理的申请人。

申请要求

  • 在加拿大从事4411或4412职业,且自2014年11月30日以后有12个月的加拿大全职相关工作经验;
  • 居住在魁北克地区之外;
  • 持有加拿大有效工作许可,并满足以下任一要求:
    • 所持工作许可非LCP工作许可(LCP项目是一个已于2014年11月30日结束的可直接转永居的住家护理项目);
    • 已申请续签非LCP工作许可;
    • 已申请临时身份恢复并符合身份恢复的条件,最近持有* 的工作许可非LCP工作许可;
  • 英语或法语达到CLB/NCLC 5及以上;
  • 高中学历以上。

Interim permanent residence pathway for caregivers now open to applications One-time pathway will remain open until June 4, 2019

Canada’s Interim Pathway for Caregivers is now open to applications for permanent residence from eligible in-home temporary foreign worker caregivers who came to Canada after November 30, 2014.

The temporary pathway will remain open until June 4, 2019, and there is no limit to the number of applications that Immigration, Refugees and Citizenship Canada (IRCC) will accept.

IRCC said the Interim Pathway for Caregivers responds to concerns raised by some caregivers who came to Canada under the Caring for Children or Caring for People with High Medical Needs pilot programs after November 30, 2014, and did not qualify for permanent residence.

Who is eligible?

The temporary program is for individuals who have acquired work experience through Canada’s Temporary Foreign Worker Program that matches the initial description and list of main duties for Canada’s National Occupational Classification (NOC) Group 4411 or 4412 .

In order to be eligible, candidates must intend to reside outside of Quebec and have the following requirements:

  • authorization to work in Canada on a work permit other than a Live-in Caregiver Program (LCP) work permit (at the time of applying); or
  • applied for a renewal of a work permit other than a LCP work permit; or
  • applied and is eligible for restoration of status, and held a work permit other than a LCP work permit as their most recent work permit; and
  • language skills of at least a CLB/NCLC 5 in English or French; and
  • 12 months of full-time work experience in Canada since November 30, 2014, in a relevant occupation; and
  • a minimum of a Canadian high school diploma or non-Canadian educational diploma, certificate or credential that’s equal to a Canadian high school diploma.
    • Foreign credentials will require an Educational Credential Assessment (ECA) — issued within five years before the date of application by an approved organization — that indicates that the foreign diploma, certificate or credential is equivalent to a completed Canadian secondary school diploma.

Note that candidates whose educational credential was obtained outside Canada and who cannot obtain an ECA before the Interim Pathway for Caregivers closes on June 4, 2019, are still eligible if they provide proof that they have applied to get an ECA. Proof includes written confirmation from agency that they have submitted a request for an ECA and/or receipt of payment.

Caregivers whose current or most recent work permit is through the Live-in Caregiver Program will not be eligible for consideration through the interim pathway.

#6

住家护理临时过渡类别申请人及配偶子女可申请开放工签

加拿大住家护理临时过渡类别的申请人在递交永居申请的同时仍可申请加拿大开放工签。据加拿大移民局称,移民局在通过申请人该类别的资格审查后,才会开启其工签申请审理。此外,申请人配偶子女也可申请开放工签。

该类别申请人申请工签需满足以下条件:

  1. 目前在加拿大居住,且打算居住在魁北克以外的省区;
  2. 申请时满足以下任一条件:
    • 所持工作许可非LCP工作许可(LCP项目是一个已于2014年11月30日结束的可直接转永居的住家护理项目);
    • 已申请续签非LCP工作许可;
    • 已申请临时身份恢复并符合身份恢复的条件,最近持有有效的非LCP工作许可
  3. 申请人为住家护理临时过渡类别永居申请的主申请人;
  4. 已收到该类别永居申请的资格评估通过函或APR。

Canada announces open work permits for approved Interim Pathway for Caregivers applicants

Open work permits also available to family members living in Canada

Under an Immigration, Refugees and Citizenship Canada (IRCC) program delivery update issued March 21, Interim Pathway for Caregivers candidates can submit an open work permit application along with their application for permanent residence.

IRCC says processing of the open work permit application will only begin once candidates pass IRCC’s eligibility test for the pathway.

To be eligible for an open work permit, an Interim Pathway for Caregivers applicant must:

  • be in Canada and intend to reside in a province or territory other than Quebec;
  • be one of the following at the time of application:
    • authorized to work in Canada with a work permit other than a Live-in Caregiver Program work permit;
    • authorized to work without a work permit if they have applied for a renewal of a work permit other than a Live-in Caregiver Program work permit; or
    • eligible for restoration of status, have applied for restoration and have held a work permit other than a Live-in Caregiver Program work permit as their most recent work permit.
  • be the principal applicant on an application for permanent residence under the Interim Pathway for Caregivers; and
  • have received a positive eligibility assessment of their paper application for permanent residence, or APR, under the Interim Pathway for Caregivers.

Open work permit for spouses, common-law partners and dependents

Open work permits are also available to family members of eligible Interim Pathway applicants. Family members must be residing in Canada and in status, on implied status or be eligible for restoration of status.

When submitting their application, caregiver applicants and their family members are still required to pay the work permit processing fee of $155, but they are exempt from the requirement to pay the open work permit holder fee of $100.

Canada opened the temporary program March 4 to in-home temporary foreign worker caregivers who came to work in Canada under the Caring for Children or Caring for People with High Medical Needs pilot programs after November 30, 2014.

The pathway will remain open until June 4, 2019.