I understand that VO will ask why not existing canadians be live-in caregiver. But if I am comfortable with a close relative who can be live-in caregiver for my kids and I am paying low amount to that close relative than would it still be the cause of visa refusal?
To hire a live-in caregiver, you need to apply for a labour market opinion. That means you have to advertise the job for at least 2 weeks and you have to offer market rates. This is your way to prove that no Canadians or PR's want the job and believe me, you do not have to worry about that. Why should a PR or a Canadian want to deny themselves a personal life to live in your house and take care of your kids? Believe me, they would much rather work at Safeway or McDs and have their own apartment they can retreat to for their time off. Most live-in caregivers do what they do because it gets them a PR. They are often women who are leaving their own children and husbands behind while they serve their 2 years under the LCP to be able to apply for PR for their families. Ok, sometimes they are also single but I have never heard of one who chose to continue to work as a live-in caregiver after getting her PR.
What a live-in caregiver is supposed to make depends on the province. They often get around $10 per hour and work 30-40 hours a week. You may in return charge your live-in caregiver for room and board up to a certain amount. As an employer, you have to withhold taxes and other deductions from the live-in caregivers wages and hand them over to the authorities. You also have to give them proper pay slips and a T4 so they can file their taxes. You will not get a labour market opinion without offering this minimum wage.
The live-in caregiver as I said before needs to have a 6 month course in child care or a 1 year work experience as a live-in caregiver. Experience gained in the persons home such as your wife's mother having raised her own children does NOT count. Nurses are often accepted as qualified. School teachers usually not.
If your mother-in-law meets the requirements for a live-in caregiver, you can try this. On the papers, you must pay her wages according to contract and you must withhold taxes according to what is on the papers as well. In reality, you can pay her what you and she agree on but be aware that if you have a falling out, she can sue you for unpaid wages. This actually happened to a woman who told her story on this board. She hired a friend of hers as a live-in caregiver, they agreed that she would pay her less than the contract, they later argued and the live-in caregiver sued her for unpaid wages and won.
Although you can try this, I think maybe you would be better off applying for a TRV for your mother in law to help out with the baby. If she wants to stay, you and your wife can apply to sponsor her for PR as a parent under family class and you can apply to extend her visit status every time it is about to expire.
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