To work in Canada as a caregiver (either a home childcare provider (NOC 44100) or a home support worker (NOC 44101)), you can apply for a work permit under the Temporary Foreign Worker Program (TFWP). This process involves securing a positive Labour Market Impact Assessment (LMIA) from your employer. Below is a more detailed explanation of the steps and requirements:
Who Can Apply:
You can apply for this type of work permit if you meet any of these conditions:
If You’re Outside Canada: Plan to work in Quebec: If you’re outside Canada and intend to work in Quebec, you can apply for this LMIA-based work permit.
If You’re Already in Canada: With a valid study or work permit: If you’re already in Canada on a study or work permit, you can apply for a work permit through the TFWP to work as a home childcare provider or home support worker.
Work permit exemptions: If you’re allowed to work in Canada without a work permit (this doesn’t apply to business visitors), and you plan to work as a caregiver in Quebec, you can apply for a work permit from within Canada.
Who Can’t Apply:
There are some restrictions on who can apply for this type of work permit:
Applying from outside Canada for a province other than Quebec: If you’re applying for a work permit from outside Canada and plan to work in any province or territory other than Quebec, you cannot apply for this LMIA-based work permit.
Applying at a port of entry: If you're seeking to apply for a work permit at a port of entry (for example, when you arrive in Canada), this option isn't available.
In Canada as a visitor: If you’re in Canada as a visitor, you cannot apply for this type of work permit.
However, if you are in Canada as a visitor and want to work in another occupation, you may still be eligible to apply for a different type of work permit.
How to Apply:
Step 1: Employer Gets a Positive LMIA
Before you can apply for a work permit, your employer must apply for and receive a positive LMIA. This process shows that there are no qualified Canadians or permanent residents available to fill the caregiver role, and the employer needs a foreign worker to fill the job. The LMIA is essential to ensure that hiring a foreign worker will not negatively impact the Canadian labor market.
Step 2: Apply for Your Work Permit
Once your employer receives the positive LMIA, you can apply for a work permit to work as a caregiver in Canada.
You can apply online through the official immigration website.
The LMIA confirmation from your employer will need to be submitted as part of the application process.
Extending Your Work Permit or Changing Jobs:
1. If You Want to Extend Your Work Permit:
If you're already working in Canada as a caregiver and have a valid work permit, you may be eligible to extend your work permit if you continue to meet the conditions of your LMIA. Your employer will need to apply for a new LMIA before you can submit the extension application.
It is crucial to apply to extend your work permit before it expires to avoid disruptions in your employment status.
2. Changing Employers or Jobs:
If you want to change jobs or employers while working as a caregiver, you must also ensure that your new employer obtains a positive LMIA. Once they do, you can apply to change jobs or employers on your work permit.
Important: In some cases, you may not need to wait for your work permit application to be approved to start the new job. You can request authorization to change employers while your application is being processed.
3. Maintained Status:
If you applied for a work permit extension before your current permit expired, you may have maintained status. This means you can continue working for the same employer under the same conditions while waiting for the decision on your extension application, even if your work permit has expired.
If you're part of the Home Child Care Provider or Home Support Worker pilots, you may already have maintained status while waiting for a decision on your pilot application.
4. If You Didn’t Apply for an Extension Before Your Permit Expired:
If your work permit expires and you didn’t apply for an extension beforehand, you risk losing your temporary resident status in Canada. In such cases, you may need to restore your status as a worker in Canada.
Restoring your status allows you to continue working legally in Canada, but you’ll need to follow the specific restoration process.
