Hiring a foreign caregiver through a Labour Market Impact Assessment (LMIA) and supporting their work permit application comes with clear employer responsibilities. At the same time, there are limits — employers are not obligated beyond what the law requires.
Here’s what Canadian families need to know about their responsibilities and rights in 2025.
1. Employer Responsibilities
a) Pay and Benefits
- You must pay at least the provincial/territorial median wage for caregivers.
- Benefits such as vacation pay, public holiday pay, and overtime pay must comply with labour standards.
- If provincial health coverage has a waiting period, you must provide private health insurance in the meantime.
b) Safe and Fair Workplace
- Caregivers must have safe working conditions.
- Employers cannot take or hold the caregiver’s passport or personal documents.
- Caregivers must not be charged LMIA or recruitment fees — these are the employer’s responsibility.
c) Honour the Employment Contract
The job contract must outline:
- Wages, duties, hours, and benefits.
- Living arrangements (if live-in is required).
- Termination rules consistent with provincial standards.
Employers must follow this contract once the caregiver begins work.
2. Employer Limits
a) You Are Not Tied Forever
- Employers may end the employment relationship if it is not a good fit, provided they follow termination notice or pay rules.
- Employers can request a name change on an LMIA if the worker has not yet obtained a work permit.
b) No Control Over Caregiver’s Immigration Status
- Employers cannot stop a caregiver from applying for permanent residency or from seeking another LMIA-based employer in the future.
- Sponsoring a caregiver for a work permit does not give employers immigration authority over the worker.
c) Non-Refundable Fees
- The $1,000 LMIA fee is always paid by the employer and is non-refundable, even if the employment ends early.
3. Compliance and Inspections
Employers can be subject to Service Canada inspections, which may check:
- Payroll records.
- Recruitment efforts.
- Whether the job conditions matched the LMIA and contract.
Non-compliance can result in fines, blacklisting, or bans on hiring foreign workers.
Key Takeaways
- Employers must provide fair wages, benefits, and safe working conditions.
- Caregivers cannot be charged for LMIA fees or recruitment costs.
- Employers can end employment legally if needed, but must respect labour standards.
- Families should view LMIA sponsorship as a serious but limited commitment — one that balances rights and responsibilities.
👉 Post your caregiver job today and understand your obligations before beginning the LMIA process.