Last Updated on November 12, 2015
The Acceptable Evidence of Full-Time Employment As a Live-in Caregiver
The applicant would need to provide evidence of having worked full-time as a live-in caregiver for a total of 24 months or a total of 3,900 hours in a minimum of 22 months. This evidence could typically include:
- A letter from the current employer showing the start date and confirming that the applicant is currently employed
- Contracts with the current and any previous employers
- Record of Employment (ROE) for all previous employers
- Employers would need to complete Records of Employment (ROE) after every interruption of earnings that arise from the termination of contracts, illnesses or injuries
- Similarly, applicants would need to have Records of Employment (ROE) for each previous job; however, they will not have one for their current jobs
- Employment and Social Development Canada (ESDC) / Service Canada could assist in cases where a live-in caregiver experiences difficulties in obtaining a Record of Employment (ROE) from an employer
- This is in accordance with the provisions specified in the Employment Insurance Regulations
- A statement of earnings that shows the hours worked and the deductions that the employers have made
- A record of wages and deductions that the employers have sent to the Canada Revenue Agency (CRA) and,
- An Option C Printout from the Canada Revenue Agency (CRA) from the applicant’s date of entry in the Live-in Caregiver Program (LCP)
In some situations, the officers might find that the live-in caregiver is still working for the same employer but, does not have any of the documents specified above. In this scenario, the caregiver would need to provide a statutory declaration that specifies the terms and conditions of their most recent employment.
Live-in caregivers, who select the option of having officers assess their application based on the hours-based calculation of the employment requirement i.e. total of 3,900 hours within a minimum of 22 months, would need to include timesheets signed by their current and previous employers. These timesheets would typically indicate the date and number of hours worked for all the overtime hours claimed, subject to a maximum of 390 overtime hours allowed.
In addition, these live-in caregivers would also need to provide the Live-in Caregiver – Employer Declaration of Hours Worked i.e. IMM 5634 completed and signed by their current and previous employers.
- It is worth highlighting that the 24 months or 3,900 hours of required employment do not include any absence from Canada – including:
- Any time worked for the employer outside of Canada
- Periods of unemployment
- Periods of live-out employment on a non- Live-in Caregiver Program (LCP) work permit
- Sickness leave or,
- Maternity leave
- Live-in caregivers have the right to obtain cover under workers’ compensation; however, officers would not count such periods of unemployment towards meeting the Live-in Caregiver Program (LCP) employment requirement
- However, officers would count allowable vacation leave towards meeting the Live-in Caregiver Program (LCP) employment requirement as outlined in various provincial or territorial employment standard’s legislation
Checking for Pending Criminal Charges
Situations could arise where officers have reason to believe that the applicant or a family member or the applicant might have committed an offence in Canada. This act would render the applicant or the family member of the applicant inadmissible. This could result in delaying the processing of the application for a year, subject to a police investigation. In case the law prescribes the laying of charges, the processing could be delayed until the courts have disposed of the matter. In case the police do not lay charges or they find that the person is not guilty, the officers would continue processing the application. However, if the law convicts the person, the officers would report the person under the provisions specified in A44 (1). As such, the individual would not be eligible for permanent residence.
Similarly, situations could arise where officers have reason to believe that the applicant or a family member or the applicant might have committed an offence (or received conviction for a crime) outside of Canada. In this scenario, the officers would need to refuse the application. However, officers would need to have reliable and releasable information. They would not be able to use any unsupported suspicions as their grounds for refusal.
Example: Officers could rely on newspaper clippings, anonymous letters or oral comments that could generate suspicion. However, officers would require more reliable substantiations of their suspicions. As such, they could consider relying on jurisdictions that have the authority to conduct investigations for the purpose of laying criminal charges. In this scenario, reasonable grounds that constitute reliable substantiation of suspicions would be the receipt of any official confirmation from the authorities in the jurisdiction in which an individual is under investigation or a copy of the charges.
Source: Citizenship and Immigration