Changing Employers in the LCP OR Extending a Work Permit beyond Four Years in the LCP This instruction sheet explains the law in general. It is not intended as legal advice for your particular problem. Because each person s situation is different, you may need to seek legal advice. Table of Contents I. Who is this fact sheet for?... 2 II. Changing Employers or Extending beyond 4 years... 2 Step 1: Domestic Workers Registration... 2 Step 2: Labour Market Opinion (LMO)/ Job Confirmation... 3 Step 3: Work permit Renewal... 5 Explanation of the form Application to Change Conditions, Extend my stay or remain in Canada as a Worker (IMM 5710)... 5 Page 1 of 6
I. Who is this fact sheet for? This fact sheet is intended for caregivers who are: 1. Already in Canada, 2. Hold a valid work permit AND 3. Are either seeking to change employers in the Live-In Caregiver Program, OR are planning to renew their work permits beyond 4 years of their entry into Canada under the Live-in Caregiver Program. II. Changing Employers or Extending beyond 4 years You can change jobs for personal or other reasons. The Live-In Caregiver program is designed to allow you to change employers. You have four years to complete 24 months of full time employment in order to be eligible for Permanent Residence. Do not hesitate to change employers if the situation is not working for you. Please note that CIC has clear procedures that allow you to change employers. These procedures are outlined below and you must follow them. What are the steps I need to take in order to change employers or extend my permit when I am beyond 4 years of my first entry into the program? To change employers in the Live-In Caregiver Program or extend your permit beyond 4 years of your first entry into the program, there are 3 steps you must complete: Step 1: Domestic Workers Registration Your employer must complete the attached Domestic Workers Registration form and fax it to the Domestic workers Registry at 1-866-861-8700. The employer can also fill out the form online at www.labour.gov.bc.ca/esb/forms/domestic_reg.htm In about a week, your prospective employer will receive a letter by mail or email (depending on the type of application submitted) confirming that you have been registered with the Domestic Workers Registry. If you are staying with the same employer and are over the 4 year limit (i.e you are renewing your contract), the caregiver does not need to re-register with the DWR. If the employer applies for a second LMO, the employer can re-use the original DWR registration letter. Page 2 of 6
Step 2: Labour Market Opinion (LMO)/ Job Confirmation If a caregiver wants to change employers or extend her work permit beyond her 4 years of her first entry into the program even with the same employer she will require a new job confirmation from HRSDC. Once the Domestic Workers Registry has confirmed registration, employer can then send the Foreign Live-in Caregiver Application (LMO application) to Service Canada. A copy of the Domestic Workers Registry confirmation has to be included as well. Refer to the attached document on How to apply for a Labour Market Opinion or go to the following link: http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/contractsforms/checklistchange-e.pdf The application for job confirmation must demonstrate that the caregiver will be providing inhome care for a child (under 18), elderly person, or person with disabilities and outline the job requirements. It will be rejected unless it meets minimum employment standards: the wage must be at least $10.25/hr (in British Columbia) board and lodging cannot be more than $325/month there must be at least 10 days of paid vacation/year the hours must be full-time, and there should be a regular schedule (Service Canada may refuse an application for flexible schedule ); and Employers must provide private furnished accommodation and a detailed description of the bedroom. What details should be included in the LMO? Effective 1 April 2011: Employers applying for LMO must provide: 1) Reason why they need a live-in caregiver and how it will meet their needs 2) Certification that they have not breached provincial employment standards and related regulations (e.g. Workers Compensation) with past live-in caregivers 3) Detailed description of the live-in caregiver s bedroom (blank form attached) 4) Proof of age and/or disability for: (blank form attached) Child birth certificate or official adoption documents showing parentage. Senior birth certificate, Old Age Security Identification Card or passport. Person with Disability medical certificate stating that the person with disability requires care (but not the nature of disability). 5) Copy of the employment contract with the live-in caregiver (blank contract attached); Page 3 of 6
6) Copy of the Option C-printout for the employer, which the employer can obtain from the Canada Revenue Agency by calling 1-800-959-8281. Employers must prove that they have the income necessary to pay the live-in caregiver and must provide supporting documentation. Employers must acquire and provide their Canada Revenue Agency Business Number on their LMO Application and an attestation signed by a guarantor testifying to the identity of the employer (blank form attached); Note. All LMOs issued to employers will be valid for a maximum of six months from the date of issuance. Second LMO applications: When applying for a second LMO, employers are required to submit a new application which clearly indicates that they are requesting a new caregiver to replace a caregiver for which a positive LMO was previously issued (ie. in replacement of the original caregiver who could not start work in Canada). Where should I mail my LMO applications? All LMO applications must be sent to Service Canada office in Toronto at the following address: Service Canada Foreign Worker Program P.O. Box 6500 Toronto LCD Downsview A Toronto, ON M3M 3K4 Fax: 416-954-3107 or toll free 1-866-720-6094 Service Canada agents will contact your employer to verify the job offer and details of the application so make sure that all the information in the application is correct and legible. I currently live in Canada. Does my employer still need to advertise and show recruitment efforts for the purpose of LMO? If the caregiver is under the LCP (that is, has valid work permit), effective February 2011, employers who wish to hire a live-in caregiver who is already in Canada are no longer required to advertise and provide a report of their recruitment efforts if the caregiver is still in the LCP. They can complete the LMO application and submit it directly to Service Canada. If, however, the caregiver has fallen out of the LCP (that is, does not have a valid work permit or is over the 4 year limit), the employer needs to advertise and show recruitment efforts in order to apply for an LMO. Page 4 of 6
Step 3: Work permit Application After an LMO is received, a Caregiver has to make a work permit application for her new employer. The caregiver will need to submit: Work permit application (Application to Change Conditions or Extend Your Stay in Canada as a Worker- form attached) with Document Checklist; $150 fee receipt; Copy of new employment contract; Job offer letter from employer LMO job confirmation from her employer, AND Copies of: passport (which must be valid for at least one year) and current Work Permit. Explanation of the form Application to Change Conditions, Extend my stay or remain in Canada as a Worker (IMM 5710) You must answer all questions on the form on the computer. You have the option of saving the form and completing it later. You may use the following explanations as guidance to help you complete the form. Question Action 1 UCI is your Client ID Number. 3 Select Work Permit with a new employer You may use the following explanations as guidance to help you complete the form. Question Action 1 UCI is your Universal Client Identification Number 3 Select A work permit with the same employer PERSONAL DETAILS 2 Nick names Check the box to indicate if you ever used any other name. This could include your birth name, maiden name, married name, nick name, etc. If you checked "Yes", type any other family name that you have ever used. 7 From the list, select Worker Provide the dates (From-To) to indicate how long you have had this status. - From - This is the date when you entered Canada - To - The date on which your current work permit expires [top right hand side] 8 Check the box to indicate whether you have lived in any country other than your country of citizenship or your current country of residence for more than six (6) months in the past five (5) years. The dates (From To) you were living in that country. Do not leave any gaps. Page 5 of 6
10 Check the box to indicate whether you have previously been married or in a common-law relationship. If you checked "Yes", provide the: Family name(s), Given name(s), Type of relationship: o Common-law, or o Married, or o Conjugal Dates (From To) for which you were in the relationship with your previous spouse/common-law partner. COMING INTO CANADA 1 Date you originally entered Canada Place: Enter the original port of entry into Canada. For example, if you entered at a Toronto port of entry then the answer is Toronto even if you are currently employed in Canada. 2 Select Work for Purpose of Visit. If you chose Other in 2(a), provide reasons. DETAILS OF INTENDED WORK IN CANADA 1 A. Select Live-in Caregiver Program 7 This is only applicable if you work in Quebec EDUCATION Provide details for Post-Secondary education ONLY. Include University, college or apprenticeship training. This does NOT include your high school credentials. EMPLOYMENT Provide details of your employment for the last 10 years. Do not leave any gaps in your employment history. Include dates for times when you were unemployed. TO COMPLETE THE APPLICATION Once the application is completed, click on the Validate button located at the top or bottom of the form and print your application form. This will generate a barcode page (page 5 of 5). Include this page when submitting your application. Sign and date the box at the bottom of the page. Page 6 of 6