The Inserts that Officers Would Need to Use in the Refusal Letter
For Situations Where the Individual Has Worked for Less than 24 Months or a Total of 3,900 Hours within a Minimum of 22 Months
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 for this class.
Regulation 113 (1) states:
A foreign national becomes a member of the live-in caregiver class if…
(d) they entered Canada as a live-in caregiver and for at least two of the four years immediately following their entry or, alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years,
(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 in Canada 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 Canada could result in removal action.
For Situations Where the Individual is Under Removal Order
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 (enter 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.
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.
For Situations Where the Individual Did Not Reside with the Employer
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 for this class.
Regulation 113 (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;
(d) they entered Canada as a live-in caregiver and for at least two of the four years immediately following their entry or, alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years
(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.
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.
For Situations Where the Individual Was Not in Possession of a Valid Work Permit as a Live-in Caregiver
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 for this class.
Regulation 113 (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.
For Situations Where the Authorities Have Deemed that the Individual is Inadmissible
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 (enter name(s) of subject(s) here) has (have) been deemed inadmissible under (specify applicable section(s) of the Act here) and 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 – Inadmissibility. The text of this Division of the Act 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.
For Situations Concerning Inadmissibility Hearings, Appeals or Applications for Judicial Review
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 (enter 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: It is worth mentioning that 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.
Source: Citizenship and Immigration