Rehiring a foreign worker - best strategy?

[planet2]

I would appreciate advice on the following.

I've been employing a foreign worker as a domestic housekeeper for almost three years. Her work permit will expire next May. I would like to rehire her for another year. Given the difficulties with LMOs these days and a $1000 application processing fee (that I surely wouldn't like to waste with a negative LMO), what would be a more assured way to obtain a positive LMO - trying to rehire her as a domestic housekeeper or a live-in-caregiver (which she would probably quality for). The only problem with the latter is that she would have to leave Canada and re-enter, and pass a language test. Her English is good enough to meet the basic live-in-caregiver requirements (call the ambulance, read prescriptions, etc.) but she is not sure she'll pass a formal test which they require in the Kiev embassy.

What would you recommend, given the current status quo with the place of the TFW program in Canada (which seems to be going to the dogs)?

Thank you in advance!

 

[scylla]

I don't see how the live in caregiver option is feasible for her. To qualify, she would need at least a year of full time and paid work experience in the field in the last three years - or alternatively at least six months of related full time studies. If she has been working with you as a domestic housekeeper for the last three years then she doesn't meet the experience requirements for the live in caregiver visa - and I suspect she doesn't meet the education requirements either.

Based on what you have written, re-hiring her as a domestic house keeper is your only option.

 

[planet2]

Thank you very much for your prompt reply - this is very much appreciated! The thing is that since my daughter started kindergarten, our housekeeper has been taking care of her, and while this was not her only duties, she would easily put at least 5 hours per day or more of what would qualify as caregiving - preparing meals for her, taking her to and from school and watching her in our absence. By the time her permit runs out, she would have almost 2 years of such experience, so I thought that perhaps she could qualify.

I have another question - I understand Alberta has a nomination program, where one can nominate their employee to receive a permanent resident status. What are her chances, given she has been a domestic housekeeper for almost three years?

Thank you again.

 

[scylla]

Taking on these additional duties as part of her housekeeing role doesn't giver her the experience CIC is looking for. She needs to have 1 year of official experience in this capacity (i.e. in an actual caregiver role with the official caregiver title). You can certainly try applying - however I think it's certain CIC will say she doesn't qualify since her occupation was housekeeper during that entire time.

She doesn't qualify to apply under Alberta's program. Her job is not on the eligible occupations list:

http://www.albertacanada.com/opportunity/immigrating/ainp-eds-semi-skilled-criteria.aspx#eligible

 

[planet2]

Hi scylla,

Thank you for your reply. I am just a little confused about your comment that only experience under official caregiver title qualifies. I hired a caregiver in the past, and she was not a live-in caregiver before. I thought that maybe the requirements have changed, but checked and the wording is still about previous experience with caregiving or related occupation, as quoted below:

To claim work experience, you need to have worked for one year, including at least six months of continuous employment for the same employer. This work experience must be in a field or occupation specific to what you will do as a live-in caregiver. This experience must have been acquired within the three years immediately before the day on which you make an application for a work permit as a caregiver.

If she was taking care of my daughter, as long as it is up to a certain number of hours, why would her previous housekeeper experience not quality for this?

Thanks again!

 

[mylady833]

Hi scylla,

Thank you for your reply. I am just a little confused about your comment that only experience under official caregiver title qualifies. I hired a caregiver in the past, and she was not a live-in caregiver before. I thought that maybe the requirements have changed, but checked and the wording is still about previous experience with caregiving or related occupation, as quoted below:

To claim work experience, you need to have worked for one year, including at least six months of continuous employment for the same employer. This work experience must be in a field or occupation specific to what you will do as a live-in caregiver. This experience must have been acquired within the three years immediately before the day on which you make an application for a work permit as a caregiver.

If she was taking care of my daughter, as long as it is up to a certain number of hours, why would her previous housekeeper experience not quality for this?

Thanks again!

The 1 year experience will be considered if she is working full time as a Nanny of your daughter which means 8 hours a day, 40 hours a week as a Nanny. Working for a certain number of hours taking care of your daughter Will not count towards the required 1 year experince. But feel free to apply for an LMIA and she can try applying for a work permit.

 

[wins26]

If you told them that your housekeeper doing a side duties as a nanny. She will get refuse for that application as a caregiver. She should only doing housekeeping not taking care of a child. She is like breaking the contract and the work permit. Or like doing the under the table.