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I want to hire a TFW already here in Canada

arcticchick

Newbie
Sep 2, 2012
9
0
I am looking to hire a live in nanny and thru one of the nanny websites I have connected with a lady who is currently working in a fish plant in Moncton. I understand she is here as a Foreign Temporary Worker. She has the skills and credentials of a nanny and I would like to hire her. Am I able to or will she need to leave the country and reapply under the Live in Caregiver Program? I live in Quebec...
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
She can send the application to the US (NYC or LA). You have to provide her with a LMO and she must show proof of either experience or education (6-month training certificate).

arcticchick said:
I am looking to hire a live in nanny and thru one of the nanny websites I have connected with a lady who is currently working in a fish plant in Moncton. I understand she is here as a Foreign Temporary Worker. She has the skills and credentials of a nanny and I would like to hire her. Am I able to or will she need to leave the country and reapply under the Live in Caregiver Program? I live in Quebec...
 

arcticchick

Newbie
Sep 2, 2012
9
0
She can send the application to the US (NYC or LA). You have to provide her with a LMO and she must show proof of either experience or education (6-month training certificate).

Thank you so much for that reply, much appreciated!
If she does have proof of experience and education, and I can provide her with an LMO, can she work for me under a temporary work permit or will she be obligated to change classifications and apply under the live in caregiver program? Ideally I would like to hire her for at least 4 yrs or longer...

Many thanks!
 

wsongco

Hero Member
Nov 7, 2010
767
29
montreal
Visa Office......
CPC VERGREVILLE
NOC Code......
6474
App. Filed.......
03-11-2010
Interview........
24-04-2013 CAQ
LANDED..........
29-08-2013
To work in Quebec your live in caregiver should also submit CAQ at the same time you submit LMO In service Canada. Make 2sets of LMO application.

See these link

For LMO

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/caregiver/apply.shtml

For CAQ

http://www.immigration-quebec.gouv.qc.ca/en/immigrate-settle/temporary-workers/obtaining-authorizations/live-in-caregiver/first-application.html


With LMO and CAQ she can now submit work permit application
 

arcticchick

Newbie
Sep 2, 2012
9
0
But how long will she be able to work for me on a FWP and will they even allow her to work for me on that or will she need to re classify on a live in caregiver permit?
 

wsongco

Hero Member
Nov 7, 2010
767
29
montreal
Visa Office......
CPC VERGREVILLE
NOC Code......
6474
App. Filed.......
03-11-2010
Interview........
24-04-2013 CAQ
LANDED..........
29-08-2013
If she is qualified to apply as live in caregiver she can work as long as you need her for a minimum of 24 months or more until she apply for permanent residency. If she apply for temp work permit she's only allowed max 4 yrs stay in Canada.

See the April 2011 rule

http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp

As temp worker she's allowed to work as live out nanny but must leave Canada after 4 yrs since she first arrived here. And the processing is almost same thing.
 

arcticchick

Newbie
Sep 2, 2012
9
0
Thank you so much for your kind responses, so appreciated!

Just to be clear:

1. I can hire this lady on a TWP so long as I apply for the LMO and CAQ..
2. She could potentially reclassify as a live in caregiver, but this would require me sponsoring her, her qualifying for the program and probably an application and interview outside the country?
If it's a good fit for her and me, I'd like to keep her long term, but I do need her ASAP..I would also like to help her attain citizenship down the road if this is possible, so how does this plan sound:
Hire her initially on a TWP and then have her re classify under the LCP?
Lastly, I travel on business, would she be able to accompany me and my kids to the US on her TWP? How many months max will they allow her to work for me(She arrived at the fish plant in Moncton in July 2012)
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
She can work for you for four years less the time she has worked since July. As a TFW, she can work in Canada for four years excluding periods of unemployment, so she should document those periods.

You're not really sponsoring her. The process to hire under the live in caregiver program is basically the same as hiring her as a nanny under the TFW program. The main difference would be having to send her WP/visa application to the US whereas as a TFW she can send her application to CPC-Vegreville. You could do this process when she's already under your employ.

arcticchick said:
Thank you so much for your kind responses, so appreciated!

Just to be clear:

1. I can hire this lady on a TWP so long as I apply for the LMO and CAQ..
2. She could potentially reclassify as a live in caregiver, but this would require me sponsoring her, her qualifying for the program and probably an application and interview outside the country?
If it's a good fit for her and me, I'd like to keep her long term, but I do need her ASAP..I would also like to help her attain citizenship down the road if this is possible, so how does this plan sound:
Hire her initially on a TWP and then have her re classify under the LCP?
Lastly, I travel on business, would she be able to accompany me and my kids to the US on her TWP? How many months max will they allow her to work for me(She arrived at the fish plant in Moncton in July 2012)
 

arcticchick

Newbie
Sep 2, 2012
9
0
As time is of essence, I want to make sure everything is done accordingly...
Can anyone recommend either a lawyer or agency here in Montreal that can assist me with all the documention..I want to ensure it's done in a timely and correct manner.

thanks!
 

lucybear05

Star Member
Mar 17, 2012
105
3
Hello - we recently did something similar to hire a nanny, and this board helped me a lot. I thought I would chime in. But first I should say I am no expert. Our experience led me to conclude that one should think long and hard about hiring a TFW already in Canada, but who is NOT in the Live-in Caregiver Program (LCP). Just to give you our experience:

1. We were told, when applying for an LMO, that HRSDC isn't really giving out LMO's anymore for the "nanny" category of employment, unless you are actually applying for a LCP nanny. Basically, I was given the impression that although they did this in the past, and might still do it now from time to time, you are much better off to just apply to for an LCP LMO. I think they want their to be really only one category of foreign nanny - the LCP foreign nanny. Anyway, that is what I was told, but who the heck knows with the government, since they change their minds all the time, and are never consistent in what they do.
2. There are unique challenges when trying to get someone already inside Canada into the program. Firstly, in order to get into the LCP one needs to apply OUTSIDE of Canada. This means, once you get an LMO and give it to your prospective nanny, she must use it to put together an application to a Canadian embassy somewhere else in the world. Most people use a Canadian embassy in the U.S. (e.g. Seattle, LA, Buffalo, etc.). This is all well and good except for a couple of things. Firstly, that embassy might want an in-person interview. This will cause problems if the person you want to hire needs a VISA in order to go the US for that interview. The issue is - can they get the VISA? How long will it take to get it? Will they be able to make it to the interview in time? Can they afford to go all the way to the US and back (it would be a bit of a long haul from Moncton to New York, for example). Second complication is this. Even if you get through all of that, and they approve her application, you have another problem. All she will get is a latter saying basically her application as been approved, she can now come to Canada, and she should present this letter at the border and apply there for a work permit, which they might or might not choose to give her at the border. Now, this makes little sense, I know, since everyone presumably is aware that this person is ALREADY in Canada. So what the worker has to do is "flagpole". This means going to the border with the U.S., saying to the U.S., "Gee here I am, I don't really want to come into the U.S., and in fact I don't even have a VISA to enter the U.S., but can you let me run around the border flagpole so I can go back to the Canadian side and PRETEND I'm just arriving there to get my work permit?" It is all very odd, and sometimes people have issues at the border, depending upon the mood of whatever random border agent they encounter.

Also, because there was a chance that our prospective nanny would have to travel to the U.S. for an interview, and because we knew she would need to flagpole with no guarantee of success, we did not want to risk her starting to work for us (illegally) or quit her other job or otherwise mess with her immigration status, until we were sure her application got approved and everything went smoothly. So we had to wait and wait and wait for her. We began the process of getting an LMO in the beginning of October 2011. She "flagpoled" and got her work permit at the end of May 2012. It took almost 8 months from beginning to end. We are glad we did it. She is an awesome nanny and we are happy to have her. But if I could do it again, I would not have considered any candidate who was not already in the LCP and here in Canada. It was just so much work, and so many complications.

Hope that helps you even a little bit. Good luck!
 

arcticchick

Newbie
Sep 2, 2012
9
0
Thank you so much Lucybear for your post, very very helpful!!!!
I just want to clarify one thing though...you "re classified" your nanny under the LCP right? Was it ever an option to just hire her as a temporary worker, ie maintain or extend the status under which she was already here in Canada?

Thank you again for such an informative and helpful post :)
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Hiring the nanny under LCP, send the application to the US or any consulate/visa office outside Canada, obtain WP at POE
Hiring the nanny under the TFW program, send application to Vegreville; WP mailed to her address.

On your part, the process would be the same- contract, LMO.

arcticchick said:
Thank you so much Lucybear for your post, very very helpful!!!!
I just want to clarify one thing though...you "re classified" your nanny under the LCP right? Was it ever an option to just hire her as a temporary worker, ie maintain or extend the status under which she was already here in Canada?

Thank you again for such an informative and helpful post :)
 

lucybear05

Star Member
Mar 17, 2012
105
3
Hi arcticchick. Your question is a good one, and I tried to answer it to the best of my ability in my prior post. Others on your thread are telling you that you can simply get a regular TFW LMO for a worker classified as a "nanny". But I was told that is no longer possible, or at the very least is quite frowned upon and may well be refused. I was told that they really only want to do LMO's for a nanny in relation to the LCP program. In other words, I was told to get an LCP LMO, and I was told she should then take it and apply to the LCP. I was told NOT to try to simply get a regular TFW LMO for a classification of "nanny".

I find that everytime you blink the government is changing their minds about this kind of stuff, and probably you might be able to get a regular TFW LMO to hire a "nanny". But I just wanted to say that this is what I was told - get an LCP LMO and have her apply to the LCP. Whether or not this is accurate, I don't know.

Maybe call HRSDC and ask whether they would give you an LMO for TFW classified as a "nanny/caregiver" or whether you can only get a nanny LMO through the LCP process (all LMO's for the LCP are processed through a single office in Toronto, unlike regular TFW LMO applications, which are processed throughout the country).

So basically, I know others here (who know more than me) are telling you its an option to just get a regular LMO for a "nanny" classification, and then have this woman apply through Vegreville (ie. within Canada) to change her work permit. But I was told this wasn't the way to do it.

Sorry I can't be more helpful. Good luck!
 

lucybear05

Star Member
Mar 17, 2012
105
3
Oh, and I should also add this. Unless your worker is under the LCP, none of the work she does gives her credit towards being able to apply for permanent residence. This is often very important to them. You say this woman has already been here for some time, but not in the program. So it may be important to her to apply now for the LCP, so all of her work with you will earn her credit. It seems to me that it is more important than ever to try to help them get into the LCP program if you can, without delay, because of the new 4-year time limit for TFW, and also because of how long it takes now for the government to process applications for permanent residence.

But if you managed to get her work permit transferred to you by simply applying to Vegreville, I suppose you could then immediately turn around and start the process for an LCP application for her. But some time would be lost. And as I said in my other posts, I'm not even sure this is an option anymore.
 

franzden

Newbie
Apr 23, 2012
9
0
Hi luckybear05,

Can you pls. trust me enough and give me your email address? I'm interested in what you said that you know a company there in ALberta who can issue LMO as they need workers who are already in Canada. At present, my husband is there in Canada, but we can't seem to find a person who can help him get an LMO so he could be able to work and stay longer there. Your help will be much appreciated. Thanks and Godbless.