Last Updated on November 12, 2015
The Issuance of Urgent or Emergency Work Permits
Urgent Work Permits for Live-in Caregivers
Live-in caregivers might need to change employers. In addition, they might require providing care to elderly or disabled individuals on an urgent basis. In this scenario, the officers would need to consider them eligible for the urgent processing of their Live-in Caregiver Program (LCP) work permit applications. However, these individuals would need to submit all the required documents along with their applications. These documents would need to include proof of the urgency in the form of:
- A doctor’s note or,
- A letter from the prospective employer explaining why the employer requires urgent care services
Officers would need to refer to OB 195 – Emergency Referrals to Local Offices. This contains additional information concerning the processing of Live-in Caregiver Program (LCP) work permits on an urgent basis.
Emergency Work Permits for Live-in Caregivers
Officers could come across situations where live-in caregivers are victims of abuse by the employer or someone in the employer’s home. As such, these caregivers would be eligible for emergency processing of their Live-in Caregiver Program (LCP) work permit applications. In such cases, the officers would need to facilitate the quickest possible transition to a new employer by ensuring the concurrent processing of:
- The prospective new employer’s Labour Market Opinion (LMO) application by Employment and Social Development Canada (ESDC) / Service Canada
- The Certificat d’acceptation du Quebec (CAQ) application by the Ministère de l’Immigration et des Communautés Culturelles (MICC) and,
- The Live-in Caregiver Program (LCP) work permit by Citizenship and Immigration Canada (CIC)
The concurrent processing of these applications on an emergency basis would help speed up the process.
It is worth highlighting that abusive situations, for the purpose of emergency work permit processing under the provisions specified in the Live-in Caregiver Program (LCP), would typically include:
- Any intentional physical contact that causes harm
- Physical violence including assault or sexual assault and,
- Psychological abuse including threats or intimidation
The Refusal of an Application for a Work Permit
Officers would need to document the reasons for refusing a work permit application under the provisions specified in the Live-in Caregiver Program (LCP) in detail. They would need to provide these reasons to the applicant as well. The refusal of a work permit application from a live-in caregiver could mean that the authorities might disqualify the individual from applying for permanent residence in Canada under the Live-in Caregiver Program (LCP).
In some situations, the refused applicant could request for an extension of their temporary resident status. In this scenario, the officers would need to assess the applicant’s bona fides as a temporary resident carefully.
Officers would also need to refuse the request for an extension if they find that the person:
- Might not leave Canada
- Has no means of support or,
- No longer qualifies for temporary resident status in some way e.g. has worked without authorisation
If officers need further information on this, they would need to go through the document on Processing Temporary Resident Extensions.
The Issuance of Study Permits
The authorities permit live-in caregivers to study without study permits if the course or program of studies is six months or less. This is in accordance with the provisions specified in R188. However, some live-in caregivers might want to take a course or program of studies that has a duration of more than six months. These individuals would need to obtain study permits.
The Case Processing Centre in Vegreville, Alberta (CPC-V) has the authority to issue study permits to live-in caregivers because they hold work permits. This is in accordance with the provisions specified in R215. Therefore, officers would need to enter the “LCP” code in the special program box of any study permits they issue to live-in caregivers.