HEALTH CARE
Live-in care
Federal program recruits immigrants to fill worker shortage
Last Updated: Wednesday, May 13, 2009 | 3:16 PM ET
CBC News
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WEEKLY CHECKUP
Melanie Barwick, PhD, CPsych

The federal Live-In Caregiver Program has been operating for 17 years. It was designed to address a labour shortage of Canadians willing to do full-time work as caregivers caring for children, the elderly, and the disabled.
Workers applying for a temporary work visa under the Live-In Caregiver Program are required to live in their employer's home and work full-time hours providing care. The program is one of three ways for immigrants to achieve permanent resident status in Canada.
The program has come under scrutiny recently because of allegations that Liberal MP Ruby Dhalla mistreated three women hired under the program to look after her mother. Immigration Minister Jason Kenney has said the program needs reform to prevent abuse.
Here's a look at who live-in caregivers are, what they are and are not required to do, and how their rights compare to those of permanent Canadian workers.
What does a live-in caregiver do?
People working under the Live-In Caregiver Program are hired to perform duties related to caregiving. These can include looking after children, preparing food, and assisting with personal hygiene. Caregivers can agree to take on responsibility for other duties, but they must be outlined in the employment contract and comply with provincial legislation regarding overtime pay and working conditions.
Program applicants must have a high school education and six months of caregiving training or one year of related full-time work experience in the past three years.
Caregivers are required to live in their employer's home. They can quit their job, but they have to either find employment as a caregiver elsewhere or return to their home country. They are not permitted to work at any other type of job while they are on a temporary visa issued under the program.
Who's applying for live-in caregiver positions — and who's hiring them?
The number of applicants to the program has tripled in the last five years, from 3,458 in 2002 to 11,878 in 2007. Most applicants are women, and most come from the Philippines.
Employers are required to demonstrate that they have enough income to pay their caregiver a full-time salary that meets provincial minimum wage standards.
People who apply are often attracted by the potential to earn more than they could in their home country, and the possibility of one day sponsoring family members to immigrate to Canada.
Many people apply through caregiver agencies, which match prospective employees with Canadian employers for a fee. There's growing evidence of a widespread problem of fraudulent agencies. The House of Commons Standing Committee on Citizenship and Immigration released a report on temporary foreign workers last Wednesday. The committee has heard testimony from caregivers who paid an agency a hefty recruitment fee, sometimes arriving in Canada to find the job they thought they had did not exist. This can be considered human trafficking.
How does a live-in caregiver apply for permanent residency?
Caregivers must complete 24 months of work within three years before applying for permanent residency for themselves and their families. If they don't complete the work requirement in that time, they face deportation.
This gives caregivers and their families an opportunity to immigrate to Canada that other foreign temporary workers don't have. It also puts pressure on caregivers to keep working in conditions that may be abusive or illegal.
Before quitting, a caregiver has to find work with another employer who's approved to hire a temporary foreign worker. Then, the switch has to be approved, which can take weeks or months. The Canadian Caregivers Association has called for the government to reduce this wait time to prevent employers from exploiting workers during this period.
What are employment standards like for live-in caregivers?
Caregivers are covered by the same provincial employment legislation as every other worker. They are legally entitled to the same standards regulating minimum wage, overtime pay, vacation pay, and working conditions.
Employers are not allowed to penalize them for complaining to the province if their labour rights are violated.
However, the standing committee report on temporary workers says that caregivers are often either not aware of their employment rights, or are afraid they won't get permanent residency if they complain about violations.
Do live-in caregivers have access to health care?
Yes — they are covered by their provincial health plan while their work visa is valid.
But there is controversy about medical exam requirements for caregivers. Applicants to the Live-In Caregiver Program have to complete a medical exam before they are issued a work visa, and again when applying for permanent residency.
In 2006, caregiver Juana Tejada took the second medical exam, which found she had colon cancer. She was ordered deported, but won the case on appeal. She then lobbied for the requirement for the second medical exam to be repealed. Tejada died last March.
The standing committee report on temporary foreign workers recommends that the requirement for a second medical exam be dropped.
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