回复: 想去加国做住家保姆
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. . .
(c) they hold a work permit as a live-in caregiver;
(d) they entered Canada as a live-in caregiver and, for a cumulative period of at least two
years within the three years immediately following their entry,
(i) they resided in a private household in Canada, and
(ii) provided child care, senior home support care or care of a disabled person in that
household without supervision;
Since you have not presented evidence that you are able to comply with this requirement, your
application for permanent residence as a member of the live-in caregiver class is refused.
Your and your family members, if any, are required to leave Canada on or before the expiry date
of your work permit. Failure to leave could result in removal action.
Not in possession of a work permit as a live-in caregiver
This refers to your application for permanent resident status in Canada under the live-in caregiver
class.
In order to become a permanent resident under the live-in caregiver class, you must comply with
requirements as specified in the Immigration and Refugee Protection Regulations, 2002 for this
class.
Regulation R113(1) states:
A foreign national becomes a member of the live-in caregiver class if
. . .
(c) they hold a work permit as a live-in caregiver.
Since you have not presented evidence that you are able to comply with this requirement, your
application for permanent residence as a member of the live-in caregiver class is refused.
You and your family members, if any, are required to leave Canada on or before the expiry date of
your work permit. Failure to leave could result in removal action.
Inadmissible
This refers to your application for permanent resident status in Canada under the live-in caregiver
class.
In order to become a permanent resident as a member of the live-in caregiver class, you and your
family members, if any, must comply with admissibility requirements as specified in the
Immigration and Refugee Protection Regulations.
Regulation 72(1) states:
A foreign national in Canada becomes a permanent resident if, following an examination, it is
established that
(e) . . .
(i) they and their family members, whether accompanying or not, are not inadmissible.
Since (type name(s) of subject(s) here) has (have) not presented evidence that they are able to
comply with this requirement, your application for permanent residence as a member of the live-in
caregiver class is refused.
The sections of the Immigration and Refugee Protection Act that describe grounds for
inadmissibility to Canada are in Division 4 of Part I. The text of this Division is attached to this
letter.
You and your family members, if any, are required to leave Canada on or before the expiry date of
your work permit. Failure to leave Canada could result in removal action.
Inadmissibility Hearing, Appeal or Application for Judicial Review
This refers to your application for permanent resident status in Canada under the live-in caregiver
class.
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In order to become a permanent resident under the live-in caregiver class, you and your family
members, if any, must comply with requirements as specified in the Immigration and Refugee
Protection Regulations for this class.
Regulation 113(1) states:
A foreign national becomes a member of the live-in caregiver class if
. . .
(e) they are not, and none of their family members are, the subject of an enforceable removal
order or an admissibility hearing under the Act or an appeal or application for judicial review
arising from such a hearing.
Since (type name(s) of subject(s) here) is (are) the subject of an admissibility hearing/appeal/
application for judicial review, you are not a member of the live-in caregiver class. Your application
for permanent residence as a member of the live-in caregiver class will not be finalized until this
matter is resolved.
Note: This is not a refusal letter as such, since refusal or acceptance cannot take place until the results
of the hearing/appeal/judicial review are known.
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Appendix B Fact sheet on employment standards legislation
Applicable to live-in caregivers or domestic workers
This fact sheet briefly outlines employment standards provisions applicable to live-in caregivers in
each province and territory.
Although the Live-in Caregiver Program is run by the federal government, employment standards
legislation pertaining to caregivers and domestics falls within provincial and territorial jurisdiction.
Federal legislation (namely, the Canada Labour Code and Regulations) applies only to certain
specific sectors such as banking, interprovincial and international transportation,
telecommunications, broadcasting, grain handling and uranium mines.
It should be noted that the provisions in provincial and territorial employment standards legislation
and their scope may vary from one jurisdiction to another. This means that minimum working
conditions prescribed by law are not identical across Canada for live-in caregivers or domestic
workers. (In several provinces, the law makes no distinction between live-in caregivers and the
more general category of “domestic workers.”)
Under the Immigration and Refugee Protection Act and Regulations, employers and live-in
caregivers must sign an employment contract that clearly defines the rights and responsibilities of
both parties. The terms and conditions of the employment contract must by law be consistent with
provincial employment standards. In some provinces and territories, employment standards
legislation does not, in whole or in part, apply to live-in caregivers. Where there is no minimum
wage applicable in a particular province or territory, Human Resources Development Canada
(HRDC) determines the wage rate to be paid by employers. In some parts of the country, HRDC
requires employers to pay wages higher than the minimum wage rate, based on the prevailing
wage paid for this type of work.
Please note that the following information is subject to change.
Alberta
Most of the provisions in Alberta’s Employment Standards Code apply to domestic workers,
including those concerning the recovery of unpaid wages, paid annual holidays, rest periods
(usually 30 minutes per shift in excess of five consecutive hours ? s. 18), days off (one day in
each work week or two consecutive days per two-week period, three consecutive days per threeweek
period or four consecutive days per four-week period ? s. 19), maternity leave, parental
leave and notice of termination. The Code also stipulates that an employee cannot be held
responsible for loss of property if another person also had access to it (s.12(3)).
Since July 1, 2000, domestic workers have also been entitled to a monthly minimum salary of
$1,125 and to paid general holidays. However, the Code’s provisions regarding hours of work and
overtime pay do not apply to them (s. 6, Employment Standards Regulation).
British Columbia
Provisions regarding minimum employment standards apply to live-in caregivers, who are
considered domestics under the Employment Standards Act (ESA). These provisions include
those pertaining to the recovery of wages, annual vacations with pay, paid general holidays,
maternity leave, parental leave, family leave, hours of work and overtime pay (usually after eight
hours’ work in a day or 40 hours in a week), rest periods (normally eight hours between each shift
and 32 consecutive hours per week) and notice of termination. In addition, an employer requiring
that a uniform or special clothing be worn has to provide it free of charge to the employee and pay
maintenance and cleaning costs (s. 25, ESA).
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Live-in caregivers are normally entitled to a minimum wage of $8.00 an hour. However, the
minimum wage is $6.00 an hour for inexperienced employees who had no paid employment
experience prior to November 15, 2001 and fewer than 500 hours of paid employment with one or
more employers, as per s. 15 of the Employment Standards Regulation (ESR). Moreover, an
employer cannot charge a domestic more than $325 a month to cover the cost of room and board
(s. 14, ESR).
The employer of a domestic has to register the latter with the Registry Office of the Employment
Standards Branch. The name, address, and telephone and fax numbers of the employer and the
employee must be provided. An employer planning to hire a domestic worker from another
country must notify the Employment Standards Branch before the actual hiring and before making
an application to bring the employee into Canada (s. 15, ESA; s. 13, ESR).
Finally, on employing a domestic, the employer must provide him or her with a copy of the
employment contract. This contract must clearly state the duties, hours of work, wage and cost of
room and board. Any hours worked beyond those stated in the contract must be remunerated (s.
14, ESA).
Web site:
www.labour.gov.bc.ca/esb/domestics/
Manitoba
Most of the provisions in the Employment Standards Code apply to live-in caregivers and
domestics working more than 24 hours a week. These employees are covered by the minimum
standards regarding the payment of wages, the minimum wage ($6.50 an hour; $6.75 an hour as
of April 1, 2003), paid general holidays, annual vacations with pay, maternity leave, parental leave
and notice of termination. However, a domestic worker or live-in caregiver working on a general
holiday is not entitled to the overtime rate if the employer decides to give compensatory time off
equal to the number of hours worked (s. 28(2), Employment Standards Code).
The Home Care and Residential Care Workers Regulation also contains provisions affecting livein
caregivers. Under this Regulation, residential care workers (i.e., employees hired to provide
care and supervision for a child, teenager or adult requiring assistance to live independently, in a
family home where they live during their work periods) must normally be paid an amount for each
day of work equal to eight hours of wages at the regular rate plus four hours at the overtime rate.
However, by agreement with their employer, they can work (and be paid for) fewer than 12 hours
a day. They can also work more than 12 hours and be paid at the overtime rate for each additional
hour of work―up to a four-hour maximum―inasmuch as they record these hours in a register and
provide this register to their employer within a specified period (s. 2 of the Regulation).
The employer of a domestic or residential care worker cannot charge more than $1.25 a meal, to
a maximum of $20 per week, plus $20 per week for lodging (s. 3 of the Regulation). Moreover, the
employer must give at least 36 consecutive hours of leave per week with no reduction of regular
wages. If the domestic or residential careworker works during this period at the employer’s
request, the number of hours worked must be added to one of the leave periods occurring in the
following eight weeks or be paid at a rate at least equal to the overtime wage rate (s. 4 of the
Regulation).
Web site:
www.gov.mb.ca/labour/standards/index.html
New Brunswick
New Brunswick’s Employment Standards Act and Regulations do not apply to persons working in
private homes. Live-in caregivers therefore have no protection under provincial employment
standards legislation, which makes it all the more important to spell out clearly the working
conditions in the employment contract.
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Newfoundland and Labrador
The Labour Standards Act of Newfoundland and Labrador applies to live-in caregivers. The Act
and Regulations set out minimum working conditions, including the minimum wage ($5.75 as of
May 1, 2002 and $6.00 as of November 1, 2002), hours of work (maximum 16 hours a day), paid
public holidays, annual vacations with pay, notice of termination, maternity leave, parental leave,
the payment of wages and overtime pay (payable after 40 hours a week at a minimum rate of
$8.25 an hour; beginning on April 1, 2003, overtime will have to be paid at the rate of 50% of the
employee’s regular wage).
Nova Scotia
Nova Scotia’s Labour Standards Code and Regulations apply to workers providing domestic
services, including live-in caregivers, if they work more than 24 hours a week and their employer
is not a close relative. Persons hired under the Live-in Caregiver Program can therefore benefit
from the Code’s provisions pertaining to the following: vacations with pay; paid general holidays;
the minimum wage of $5.35 an hour for inexperienced workers (inexperienced employees are
persons who have been employed for fewer than three calendar months in total by their employer
or another employer to perform the work for which they are employed and who have been in the
service of their present employer for fewer than three calendar months) and $5.80 an hour for
other employees (these rates will rise, respectively, to $5.55 and $6.00 an hour on October 1,
2002); overtime (payable after 48 hours’ work a week at a rate of one-and-a-half times the
minimum wage); maternity and parental leave; bereavement leave; court leave; hours of work;
rest periods (normally 24 consecutive hours per seven-day period); notice of termination; and the
payment of wages.
The employer can deduct an amount from a caregiver’s wages to cover the cost of room and
board. However, these deductions cannot reduce the employee’s wages to less than they would
have earned at the minimum wage rate less $53.15 per week (s. 8, General Minimum Wage
Order). An employer requiring that a uniform be worn cannot reduce the wages of a caregiver for
its purchase or laundering to an amount inferior to what they would have received at the minimum
wage. However, the employee, regardless of their salary, remains responsible for the cost of dry
cleaning (s.14, GMWO).
Web site:
www.gov.ns.ca/enla/labstand/lstcode/
Northwest Territories and Nunavut (Since Nunavut’s creation in 1999, the labour standards
legislation of the two territories has remained virtually identical.)
The provisions of the Labour Standards Act in both of these territories apply to live-in caregivers in
the same manner as to most other employees. This means they are covered by provisions
concerning the minimum wage ($6.50 an hour or $7 an hour in areas distant from the highway
system), hours of work and overtime (payable after eight hours a day or 40 hours a week), the
weekly day of rest, annual vacations with pay, paid general holidays, maternity and parental
leave, and notice of termination. The employer can deduct the cost of room and board from the
wages of a live-in caregiver; nevertheless, wages for each pay period cannot be reduced below
the minimum wage by more than $0.65 per meal and $0.80 per day for accommodation. In
addition, the employer cannot reduce an employee’s wages below the minimum wage rate for
providing, maintaining or laundering a uniform or apparel worn at the employer’s request, or for
accidental breakage by the employee of property belonging to the employer (ss. 2 and 3 of the
Labour Standards Wages Regulation).
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Ontario
The provisions of Ontario’s Employment Standards Act, 2000 apply to domestic workers, which
include persons employed by a householder to provide care, supervision or personal assistance
to children, seniors or disabled members of the household.
Under the provisions regarding hours of work and rest periods (Part VII of the Act), domestic
workers, like most other employees in the province, are normally entitled to minimum rest periods:
11 hours per day, eight hours between each shift and at least 24 consecutive hours every work
week or at least 48 consecutive hours in every period of at least two consecutive work weeks.
They are also entitled to an eating period of at least 30 minutes for every period of five
consecutive hours of work. With the employee’s consent, this break may be divided and taken at
two different times. The employer must also pay a domestic worker at the overtime wage rate
after 44 hours of work in a week or, if the employee and employer agree, on the basis of the
average number of hours worked in a given period (generally not to exceed four weeks). If the
employee consents, the employer may grant an hour and a half of compensatory time off for each
overtime hour worked instead of payment in cash. This compensatory time off must be taken
within the following three months or, if the employee agrees, during the following 12 months (s.
22). Lastly, the employer must provide the domestic worker with written particulars respecting the
hours of work and hourly rate of pay (s. 19, Ont. Reg. 285/01 ― Exemptions, Special Rules and
Establishment of Minimum Wage Regulation).
Domestic workers are entitled to the minimum wage, currently $6.85 an hour. With regard to
deductions for room and board supplied by the employer, the wages of a domestic worker cannot
be reduced to less than would have been received at the minimum wage rate less $2.55 per
meal―to a maximum of $53.55 per week―and $31.70 per week for a private room. (An employer
cannot deduct any amount from the wages of a domestic worker for a shared room.) These
amounts cannot be deducted unless the employee has taken the meals provided and occupied
the room. Moreover, no amount can be required for a room unless it is reasonably furnished and
suitable for human habitation, supplied with clean bed linen and towels, and affords the employee
reasonable access to a bathroom (s. 19 of the Regulation).
The other working conditions set out in the Act also apply to domestics, including paid public
holidays, vacations with pay, maternity and parental leave, the payment of wages, notice of
termination and severance pay. Furthermore, an employer cannot withhold or deduct part of an
employee’s wages for lost property without written consent; in no case can an amount be withheld
if persons other than the employee had access to the property (s. 13 of the Act).
Prince Edward Island
Prince Edward Island’s Employment Standards Act covers most domestic workers. However,
some of its provisions concerning the minimum wage ($6.00 an hour; the hourly minimum wage in
Prince Edward Island will be increased to $6,25 on January 1, 2003, $6,50 on January 1, 2004
and $6,80 on January 1, 2005.), hours of work and overtime do not apply to persons employed for
the sole purpose of protecting and caring for children, or disabled or aged persons in a private
home (s. 2(3) of the Act). Unless they perform other domestic duties (e.g., housekeeping, cooking
or washing for other members of the household), live-in caregivers are not entitled to the minimum
wage or overtime pay.
All other working conditions prescribed by the Act apply to caregivers. These include paid legal
holidays, rest periods (24 consecutive hours per week; at least one 30-minute break after each
five consecutive hours of work), vacations with pay, maternity leave, parental leave, notice of
termination and the payment of wages.
Moreover, the Minimum Wage Order states that the maximum amount that can be deducted from
the employee’s wages for room and board, when these are included, is $45.00 per week. No
amount may be deducted for a meal the employee has not received (s. 2, MWO).
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Quebec
The Live-in Caregiver Program operates differently in Quebec compared to the other provinces
and territories. Under the Canada-Quebec Accord, Quebec plays a role in the selection of foreign
workers. In order to work in Quebec, caregivers have to obtain a Certificat d’acceptation du
Québec (CAQ), which is contingent, in part, on the signing of an employment contract between
the employee and the employer. This contract must contain the job description, work schedule,
days off, wage rate and residence qualifications. It must also describe the obligations of the
employer. Beyond the requirement to comply with the provisions of the Act respecting labour
standards as applicable, the employer is obliged to provide decent living conditions and facilitate
access to French courses outside regular working hours. For further information, contact the
ministère des Relations avec les citoyens et de l’Immigration.
The Act respecting labour standards does not apply to an employee whose exclusive duty is to
provide care, in a dwelling, to a child or to a sick, disabled or aged person (s. 3(2) of the Act).
However, live-in caregivers may be covered by the provisions of the Act if they also do housework
that is not directly related to the immediate needs of the care recipient. In such cases, they are
deemed to be domestics.
Domestics are entitled to annual leave with pay, statutory general holidays, overtime pay, notice
of termination and various leaves for family events (leave for a wedding or death in the family,
maternity leave, parental leave, absences for obligations to a minor child). Domestics living in their
employer’s residence are entitled to a minimum salary of $280 per week (s. 5, Regulations
respecting labour standards). (This minimum rate will increase to $288 per week on October 1,
2002 and to $292 per week on February 1, 2003.) Their employer may not require an amount for
room and board (s. 51.0.1 of the Act). The regular work week for domestics is 49 hours. Every
additional hour of work must be remunerated at the overtime rate of one and a half times the
regular hourly wage; it may also be compensated, at the employee’s request, by providing a paid
leave equivalent to the overtime worked plus 50% (s. 8, Regulations).
Moreover, if employers requires the wearing of a uniform, they must provide it free of charge to
employees who are paid at the minimum wage rate. They cannot require an amount of money for
the purchase, use or maintenance of a uniform if this would reduce the employees’ wages below
what they would have earned at the minimum wage rate (s. 85 of the Act).
It should be noted that a labour commissioner cannot order the reinstatement of a domestic who
has been the victim of an unlawful dismissal or a dismissal without good and sufficient cause;
however, a commissioner can order the employer to pay compensation equal to the wages and
other benefits the domestic would have received over a maximum period of three months (ss. 123
and 128 of the Act).
Saskatchewan
Saskatchewan’s Labour Standards Act and Regulations do not apply in the same way to “care
providers” as they do to domestic workers. These two categories have their own definitions: a
care provider provides services relating to the care and supervision of a person, whereas a
domestic worker provides services relating to the management and operation of a residence. In
both cases, these are employees working in the private residence of their employer or a close
relative of the employer. The minimum employment standards also vary depending on whether or
not the employee lives with the employer.
Live-in care providers are covered by most of the provisions of the Act, including those regarding
maternity leave, parental leave, adoption leave, bereavement leave, annual holidays with pay,
paid public holidays, the recovery of unpaid wages, hours of work, overtime (employees are
normally entitled to 150% of their regular wage for each hour worked after eight hours’ work per
day or 40 hours per week) and notice of termination. Under the Labour Standards Regulations
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they are also entitled to two consecutive days off per seven-day period, which can be taken at a
time agreed upon with the employer (s. 12 of the Regulations).
Minimum wage provisions in the Act do not apply to live-in caregivers beyond the first eight hours
worked in a day (i.e., $6.35 an hour, up to $50.80 per day; the hourly rate will be raised to $6.65
on November 1, 2002) (s. 13 of the Regulations).
The employer cannot require more than $250 a month from the employee to cover the cost of
room and board (s. 14 of the Regulations). Moreover, an employee can refuse to live in a dwelling
that they consider unsuitable, unsafe or unsanitary, unless it has been approved by the Director of
the Employment Standards Branch (s. 33 of the Regulations). An employer who requires the
wearing of a uniform or any other clothing must cover the purchase and maintenance costs (s. 9,
Minimum Wage Board Order, 1997).
Web site:
www.labour.gov.sk.ca/standards/domestic.html
Yukon Territory
Most provisions of the Employment Standards Act apply to domestics, including domestic
homemakers. However, the Act does not cover sitters working in a private residence solely to
attend to a child, or to a disabled, infirm or other person (General Exemption Regulations).
The Act applies to domestics, with the exception of provisions concerning hours of work, overtime
pay and rest periods. Domestics are entitled to the minimum wage ($7.20 an hour) multiplied by
eight hours for each day of work (s. 3, Minimum Wage Regulations), annual vacations with pay,
paid general holidays, maternity and parental leave, notice of termination and the recovery of
unpaid wages. An employer cannot make a deduction from an employee’s wages or require a
payment to cover the cost of room and board that would result in the employee being paid wages
that are below what would have been earned at the minimum wage rate, minus $5. An employee
cannot be required to cover the meal and accommodation costs unless these have been supplied
by the employer and the employee has signed a contract of employment providing for the
deduction or payment (s. 6, Minimum Wage Regulations).
The information in this document is based on statutes and regulations in effect on June 25, 2002.
Labour Law Analysis
Strategic Policy and International Labour Affairs
Labour Program
Human Resources Development Canada
June 25, 2002
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Appendix C Provincial and territorial employment standards
Contact list
If you have questions, difficulties or complaints regarding your employment as a live-in caregiver,
you can call or visit the Labour or Employment Standards Branch for your province or territory.
The counsellors at these offices will answer questions you may have about your rights, and help
you if you are having any work-related difficulty with your employer. Sometimes you will hear a
pre-recorded message when you call these numbers. Just stay on the line and follow the
directions that you receive. If the recorded message does not answer your question, a counsellor
will eventually come on the line. These numbers are used frequently, and it may take more than
one try to get through. Be patient.
If you prefer, you can write to the office listed. Just write a letter indicating your question or
concern and mail it to the address shown. Be sure to include your name and occupation (what you
do) and how you can be reached (phone number and address). If it is important that you get
assistance quickly, remember that calling is faster than writing. Do not hesitate to contact these
people. They are here to help you. This is their job.
Alberta
Department of Labour
Employment Standards Branch
Main Floor, Sterling Place
9940?106 Street
Edmonton, Alberta T5K 2N2
Toll free: 310-0000 then dial 403-427-3731 Fax: 403-427-8837
TDD/TDY: 1-800-232-7215
Web site:
www.gov.ab.ca/hre/employmentstandards/
British Columbia
Ministry of Labour and Consumer Services
Employment Standards Branch
P.O. Box 9570
Stn. Prov. Govt.
Victoria, B.C. V8W 9K1
Toll free: 1-800-663-3316 Fax: 604-660-7047
Web site:
www.labour.gov.bc.ca/esb/
Manitoba
Manitoba Labour
Employment Standards Branch
604?401 York Avenue
Winnipeg, Manitoba R3C 0P8
Toll free (outside Winnipeg): 1-800-821-4307
Telephone (Winnipeg): 204-945-3352 Fax: 204-948-3046
Web site:
www.gov.mb.ca/labour/standards/
New Brunswick
Department of Training and Employment Development
Employment Standards Branch
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P.O. Box 6000
Fredericton, N.B. E3B 5H1
Toll free: 1-888-452-2687 Fax: 506-453-3806
Web site:
www.gnb.ca/0308/0001e.htm
Newfoundland
Department of Labour
Labour Standards Division
4th Floor, West Block
Confederation Bldg.
P.O. Box 8700
St. John’s, Nfld. A1B 4J6
Toll free: 1 877 563-1063 Fax: 709-729-5738
Northwest Territories
Department of Justice
Labour Services
Third Floor, Panda ll Mall
P.O. Box 1320
Yellowknife, N.T. X1A 2L9
Toll free: 1-888-700-5707 Fax: 403-873-0483
Nova Scotia
Department of Environment and Labour
Labour Standards Division
5151 Terminal Rd., 7th Floor
P.O. Box 697
Halifax, N.S. B3J 2T8
Toll free: 1-888-315-0110 Fax: 902-424-0503
Ontario
(Call either number below to ask for the address of the office closest to you.)
Ministry of Labour
Employment Standards Branch
Toll free: 1-800-531-5551 Fax: 416-326-6546
416-326-7160 (Greater Toronto area)
Prince Edward Island
Department of Community and Cultural Affairs
Labour and Industrial Relations
P.O. Box 2000
Charlottetown, Prince Edward Island C1A 7N8
Toll free: 1-800-333-4362 Fax: 902-368-5526
Web site:
www.gov.pe.ca/commcul/lair-info/index.php3
Quebec
Commission des normes du travail
Hall est, 7e étage
400, boul. Jean-Lesage
IP 04 Processing Live-in Caregivers in Canada
我也想做保姆，如果这样能快点拿ＶＩＳＡ的话，尽管我最不愿意做家务．
所以不会显示状态
好感动啊！！！谢谢你的关心哦～～～我没加班费的～～～我现在宁愿赚少点也要保护好自己身体。。。没钱看病压呀！
周末及公共假日是保证休息的，因合同上写有2周带薪假，虽然雇主也不是非常情愿，但是我朋友据理要求，最后雇主不得不给她了。
能说说为什么要海关发工作许可呢，这是另一个程序吗。
加的时候些上nicky就好了~
_L+m5T
我的材料递了8个月了，家人刚收到表格。我的open还不知道那天那月能下来呢，加拿大办事怎么这么拖拉呢？不管怎样也要谢谢你的回复，good luck！
说的很对，nicy,能告诉我你是自己办的最后申请还是请律师啊？很繁琐吗?正在读前面的帖子，还没读到你的。。。
