In-home Caregiver LMIA Stream

Essential Aspects of LMIA for Caregivers

In this article, we discuss the characteristics of the In-Home Caregiver Labour Market Impact Assessment (LMIA) Stream in detail. For those exploring various options, it might be helpful to begin with an overview and comparison of the different LMIA streams.

Families or private households typically utilize the In-Home Caregiver LMIA when seeking to hire caregivers, such as nannies for their children or home support workers for other close relatives. Importantly, the In-Home Caregiver LMIA can only be used to hire caregivers who are already in Canada and hold a work or study permit. Once the LMIA is approved, the caregiver needs to apply for a work permit.

If the objective is to bring a nanny or home support worker from abroad or to assist them in obtaining permanent residency, the PR-on-arrival caregiver pilot programs should be used. More information will be provided before the full launch of these pilots, including complete eligibility criteria and application details. However, due to program caps, these spots are expected to fill quickly. Despite this limitation, it remains the only option to bring a nanny or home support worker from overseas (i.e., someone who is not yet in Canada).

Checklist to Determine if Household Can Hire Nanny or Support Worker Using In-Home Caregiver LMIA

The primary criteria, such as household income, caregiving needs, wage, and care recipient, determine whether a private household can use In-Home Caregiver LMIA to hire a nanny or home support worker in Canada. If you answer "yes" to all the following questions, you may consider using this stream.

• Who can apply? Families or private households, including up to two households per application.
• Possible care recipients: Children under 18 years of age; elderly persons aged 65 or over; people with disabilities or a chronic or terminal illness.
• Who can be hired [eligible occupations]? Included: child care providers, live-in caregivers, nannies: NOC 44100; registered nurses or registered psychiatric nurses: NOC 31301; licensed practical nurses: NOC 32101; attendants for persons with disabilities, home support workers, live-in caregivers, personal care attendants: NOC 44101.
• Minimum wage: Equal or above the median occupational wage in a job location.
• Financial ability: A household must meet low-income cut-offs, which depend on the size of the family and community. Compliance is verified through the most recent notice of assessment. The ability to meet this cut-off demonstrates the financial capacity to pay the caregiver's salary.
• Location and status of a caregiver: The caregiver must already be in Canada and possess a valid work or study permit. [Caregiver’s name can be added post-LMIA approval.]‍
• Canadians or permanent residents are not available: Before applying for an LMIA, a family should conduct a four-week recruitment attempting to fill the role locally.

Household Responsibilities Under In-Home Caregiver LMIA Program

Families wishing to hire a temporary foreign worker to serve as a nanny or as a home support worker need to arrange the following:

• Transportation (only if the wage offered is below a provincial median wage): Pay for round-trip transportation for a foreign worker. This includes transportation from a caregiver's country of current residence to a work location in Canada, or from a caregiver's current residence in Canada to a new work location, or gas expenses when the caregiver drives their personal car to a new work location. It also includes return transportation from a caregiver’s current residence in Canada to their original country of residence.
• Housing (only if the wage offered is below a provincial median wage): Ensure that suitable and affordable accommodation is available in a community where a caregiver will be employed. It is important to note that a private household cannot require a caregiver to live in their home as a condition of employment. The only exemption to this rule would be a mandatory live-in requirement for clients with high medical needs, such as people with disabilities, seniors, or individuals with chronic or terminal illnesses. In justified circumstances, when a live-in arrangement is required for the needs of the person requiring care, a household must provide a private, furnished bedroom in the home of the person receiving care.
• Health and Workplace Safety: Pay for private health insurance for the caregiver during any period when they aren’t covered by provincial health insurance. Coverage should begin on the worker's first day in Canada. Additionally, ensure workers are covered by workplace safety insurance from their first day of work.

In-Home Caregiver LMIA Processing Fee

The LMIA processing fee is C$1,000, payable to the government. However, some households may be exempt from this fee. This exemption applies to families hiring a caregiver for persons with high medical needs, or to households with a gross annual income below CAD 150,000, particularly if they are hiring a nanny for a child under the age of 13.

Maximum Duration of Employment Under In-Home Caregiver LMIA Program

The maximum duration of employment requested in an LMIA for a caregiver is primarily determined by the wage offered:

• Three years, if the wage is equal to or above the provincial median wage.
• Two years, if the wage is below the provincial median wage.

In-Home Caregiver LMIA Processing Time

The processing time for a Caregiver LMIA application by the Employment and Social Development Canada (ESDC)/Service Canada is approximately three to five weeks.

Helping Foreign Caregivers in Canada Get Permanent Residency

Families looking to retain caregivers in Canada have a few options. They can apply for a new LMIA to renew a caregiver’s work permit or assist them in becoming permanent residents, depending on the caregiver's occupation.

• Home child care providers (NOC 44100) or home support workers, caregivers and related occupations (NOC 44101): Nannies or home support workers can immigrate only through the PR-on-arrival caregiver pilot programs. More information will be provided before the full launch of these pilots, including complete eligibility criteria and details on how to apply. However, due to program caps, these spots are expected to fill quickly. The previous Home Child Care Provider Pilot and Home Support Worker Pilot programs closed on June 17, 2024.‍
• Registered nurse (NOC 31301) or licensed practical nurse (NOC 32101): Nurses may become eligible for skilled worker immigration through the Express Entry System after gaining a year of Canadian work experience or having relevant foreign experience. Their accumulated points within this system would influence the likelihood of receiving an invitation for permanent residence. Households can also apply for an LMIA to support their permanent residency application, which will add points and help them receive an invitation more quickly. Moreover, these occupations qualify for category-based draws in the Express Entry. Provincial nomination programs for healthcare workers in these occupations also provide a viable pathway for registered or licensed nurses' immigration.

Start LMIA 

Depending on business conditions, stages, and needs, there are specific steps to follow in the LMIA process.

If you are looking for a corporate immigration law firm or lawyer in Canada, we are here based in Toronto to help. Call us at +1-647-493-5205 or email info@leromlaw.com for additional information you need to start the process.