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hi,how are you today my quistion is...how many hours do we…

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hi,how are you today?my quistion...
hi,how are you today?my quistion is...how many hours do we need to work everyweek as a livein caregiver base on the goverment law...second,if i get marry before i process my aplications for permanent resident,what will happen to my status here as a caregiver...i need your answer please..thank you again...
Submitted: 8 years ago.Category: Canada Law
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6/18/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,961
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So long as you continue to work as a live-in caregiver and actually live in your employer's home whether you marry or not is not relevant.

According to the government where provincial labour standards do not specify full-time work, full-time work should be defined as 30 hours per week or more for the purpose of the Live-in Caregiver Program.

This would be the minimum then but if your province defines full-time as more than this then it would be more.
Debra
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Lawyer: Tom B., Barrister & Solicitor replied 8 years ago
Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2,415
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The issues surrounding the rights of home based workers is a growing concern at law. In each province there are regulations concerning the number of hours that can be imposed and that varies. There is no minimum you have to put in but there is a maximum before you have to get paid extra.


 


Generally speaking, the provincial statues of minimum working conditions prevail but often home based workers do not avail themselves of the law for fear of retaliation because of their circumstance. It is difficult to live where you work.


 


Below are a couple of sites in BC that assist in home workers.


 


http://www.ilo.org/dyn/migpractice/migmain.showPractice?p_lang=en&p_practice_id=60


 


http://www.wcdwa.ca/PDFs/employment_rights_for_live_in_caregivers.pdf


 


 


Although these are BC based sites, the general rule applies across Canada that a home based employer is not a dictator as long as you stand up for yourself. You are entitled to over time pay just as any other employee.


 


Please review this material. Then consider a phone call to the Canadian Labour Congress.


 


http://www.canadianlabour.ca/home


 


They will listen to you and direct you to the appropriate body that may be able to assist. There are thousands of home workers being abused and there are people who care about this problem.


 


 


 


 

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Lawyer: D.A.M., Lawyer replied 8 years ago
D.A.M.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,755
Experience: Cross-Border (US/Canada) Lawyer
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Hello,

As there seems to be some confusion on this post because of the second expert's post, the first expert was correct in her answer.

As of April 1, 2010 the Live-in Caregiver program gives you two options for calculating your hours:
  • 24 months of authorized full-time employment, OR
  • 3,900 hours of authorized full-time employment.
"Full-time" as indicated by the original expert would be calculated at 30-hours per week unless the Provincial government has provided for a different "full-time" minimum.

I apologize for second expert's post as it is irrelevant to your question and I suspect he failed to read your question fully or did not understand the purpose of your inquiry so I would recommend you disregard it.


With respect to the marriage issue: if you marry the first expert's answer is correct in that it would not affect your live-in caregiver position as long as you continue to reside in your employer's home. If your new spouse is a Canadian citizen or permanent resident they can file to sponsor you. If, however, your spouse is a foreign national you would not be able to sponsor them until you are granted Permanent Residence.

Please accept the first experts' (Debra Thal) answer as it was correct in the law and responsive to your actual inquiry.

Warmest regards XXXXX XXXXX wishes,
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