IP 4 – Processing Live-in Caregivers in Canada

Foreign Workers – Provincial Nominees or Permanent Residence Applicants

In many cases, applicants for permanent residence to Canada would need to wait for the authorities to finalise their permanent residence application assessments. However, they would still be able to apply for work permits while they wait for the authorities to complete finalising their permanent residence application assessments.

Provincial Nominees or Permanent Residence Applicants

IP 4 – Processing Live-in Caregivers in Canada

The Introduction

This chapter describes the procedures that officers in Canada use for processing the following applications under the purview of the Live-in Caregiver Program (LCP):

  • Applications for the renewal of work permits (same employer)
  • Applications for new work permits (for new employers or in case the employer moves to a new province or territory)
  • Applications for study permits and,
  • Applications for permanent residence

In some cases, officers would need to refer to OP 14 – Processing Applicants for the Live-in Caregiver Program chapter. This chapter specifically relates to the procedures that officers use for:

  • Overseas processing initial work permit applications under the Live-in Caregiver Program (LCP) and,
  • Overseas processing of applications for permanent residence from live-in caregivers’ family members living outside Canada

The Program Objectives

Citizenship and Immigration Canada (CIC) was responsible for establishing the Live-in Caregiver Program (LCP). They did so to meet a labour market shortage of live-in caregivers in Canada. At the same time, they aimed at providing certain individuals the avenue to work and eventually apply for permanent residence from within Canada.

The Live-in Caregiver Program (LCP) enables qualified temporary workers to come to Canada for providing the following services:

  • In-home child care
  • Senior home support care or,
  • Care of the disabled

The Live-in Caregiver Program (LCP) enables applicants to apply for permanent residence from within Canada after they have worked full-time as live-in caregivers for:

  • At least 24 months or,
  • A total of 3,900 hours in a minimum of 22 months within the four years immediately following their entry into Canada under the Live-in Caregiver Program (LCP)

The Act and Regulations

Officers would need to refer to the tables given below for finding references concerning the Live-in Caregiver Program (LCP) and the Immigration and Refugee Protection Regulations (IRPR).

For Information Concerning…

Refer to…

The authorisation for the application for permanent residence in Canada

R72

The definition of a live-in caregiver

R2

The medical examination requirements for live-in caregivers in Canada

R30 (2.1)

The live-in caregiver class

R113

The requirements for work permit

R111, R112

The application for permanent residence in Canada

R113

The requirements for family members

R114

The applicable times for conformity

R115

The requirements for studying without a work permit for short-term courses

R188

The application in Canada for a work permit

R207

The application in Canada for a study permit

R215

Similarly, officers would need to refer to the following forms concerning the Live-in Caregiver Program (LCP).

The Form Title

Form Number

The In-Canada Application for Permanent Resident Status

IMM 5002E

The Document Checklist – Live-in Caregiver

IMM 5282E

The Live-in Caregiver – Employer Declaration of the Hours Worked

IMM 5634E

The Application to Change Conditions, Extend my Stay or Remain in Canada

IMM 1249E

Note:

  • Officers would need to note that with respect to R115, not all requirements prescribed by the authorities in sections 112 to 114.1 of the Immigration and Refugee Protection Regulations (IRPR) would apply to each situation or point in time.

The Instruments and Delegations

Section 6 of the Immigration and Refugee Protection Act (IRPA) authorise the Minister to designated officers to carry out specific powers, in addition to delegating authorities. In addition, the section also specifies those ministerial authorities that the Minister cannot delegate. These authorities would typically relate to security certificates or national interest.

Under the provisions specified in the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship and Immigration has delegated powers. Moreover, the Minister has also designated the officers authorised for carrying out any purpose of any provisions that are legislative or regulatory. Officers could refer to these in the instrument IL3 – Designation of Officers and Delegation of Authority.

The Departmental Policy:

Related Articles:

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Documentation Standards in the Field Operations Support System (FOSS)

The Documentation Standards in the Field Operations Support System (FOSS)

Once the authorities have rendered a decision on an application for permanent residence, the officers would need to ensure that they document this decision properly. The officers would need to document the decision properly on the physical file. In addition, they would need to do this in the Field Operations Support System (FOSS) as well.

The Field Operations Support System (FOSS) is the Department’s permanent record of an inland immigration decision. This is especially so once the authorities have destroyed the paper files. Typically, the authorities would destroy the paper files according to the departmental file retention policy. However, the Department might need to refer back to a decision in some cases, after the authorities have destroyed the paper file for various reasons. These reasons could include:

  • Possible legal challenges
  • Subsequent sponsorship applications or,
  • Subsequent citizenship applications

In scenarios such as this, the physical file might no longer be available. As such, the officers of the Department would have no other recourse other than relying on the notes available in the Field Operations Support System (FOSS).

The Field Operations Support System (FOSS) notes would typically represent a complete record of all the action taken in any given case. As such, officers would need to ensure that there should be no information that appears only on the paper file as far as possible. In addition, the officers would need to ensure that any notes that appear in the Field Operations Support System (FOSS) are accurate, complete and consistent. This is especially so when one compares these notes with the documentation and decisions found in the paper file. In particular, the notes in the Field Operations Support System (FOSS) must not undermine or contract the written decision.

As such, it is a given that officers might need to access the record of decision in the Field Operations Support System (FOSS). Therefore, officers would need to exercise appropriate care when documenting their notes in the Field Operations Support System (FOSS). On reading the notes, the readers would need to be able to clearly understand the basis and the reasons for an officer arriving at a specific decision. This would include knowing whether the applicant met the eligibility criteria or the requirements of a class.

Tracking the Application

The Field Operations Support System (FOSS) tracks the processing of applications for permanent residence through the Case Processing Support (CPS) module.

The staff at the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to:

  • Enter applications in the Case Processing Support (CPS) module when they arrive at the Case Processing Centre (CPC)
  • Enter the names of family members residing abroad in the ‘Remarks’ section
    • This includes completing the Y (Yes) or N (No) box once the visa office provides the results of overseas examination
  • Indicate if the authorities have provisionally approved the principal applicant in the ‘Approved in Principle’ field once the authorities make the eligibility decision and,
  • Enter the results and the date when the applicant meets the eligibility requirements

Once the applicant meets all the prescribed requirements, the officers at the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to:

  • Enter the granting of permanent resident status and,
  • Enter the details of the closest inland office of Citizenship and Immigration Canada (CIC) to the client’s residence as the office of issue for permanent residence documents

According to local procedures, the inland office of Citizenship and Immigration Canada (CIC) would need to:

  • Print the permanent residence documents as required and,
  • Send a call-in notice or letter to the applicant
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Process for Finalising Approved Cases

The Process for Finalising Approved Cases

The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to:

  • Enter the relevant information and confirm in the Field Operations Support System (FOSS) that the applicant and the family members in Canada have received permanent residence
  • Send an electronic Confirmation of Permanent Residence i.e. IMM 5292 to the appropriate inland office of Citizenship and Immigration Canada (CIC)
  • Include the names of the family members living abroad, the responsible visa office and the file number and,
  • Include the “LCP” program code and the permanent resident category LC 1

Similarly, the inland office of Citizenship and Immigration Canada (CIC) would need to:

  • Print the Confirmation of Permanent Residence i.e. IMM 5292
  • Grant permanent residence to the applicant and the family members in Canada and,
  • Inform the responsible visa office that the authorities have granted permanent residence to the applicant and the family members in Canada to enable the visa office to issue permanent resident visas to family members abroad, whom the authorities are processing concurrently, as long as their background and medical checks continue to remain valid
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Right of Permanent Residence Fee (RPRF) Refund

The Right of Permanent Residence Fee (RPRF) Refund

Depending on the circumstances in the case, the process for refunds could differ.

  • For Family Class Applicants
    • Who May Request the Refund: The sponsor
    • The Issuing Office:
      • The Case Processing Centre Mississauga or,
      • The Case Processing Centre Vegreville
  • For Other Permanent Residence Categories
    • Who May Request the Refund: The principal applicant
    • The Issuing Office: The case processing centre (CPC) or the visa office processing the application
  • If the authorities refuse the application:
    • The case processing centre (CPC) or the visa office processing the application would need to automatically initiate the refund if the applicant has not filed an appeal
    • However, if the applicant files an appeal, the authorities would not be able to issue a refund until the rendering of a final decision
  • If an applicant wishes to withdraw an application:
    • The applicant would need to provide the request for withdrawal in writing to the responsible office and,
    • The officers would need to initiate the refund after they receive the withdrawal notice

Note:

  • Economic and business class applicants outside Canada would be able to pay the Right of Permanent Residence Fee (RPRF) online with effect from January 14, 2014
  • They would be able to do so by using an accepted credit card i.e. Visa, MasterCard and American Express only
  • For more information on processing refunds for online Right of Permanent Residence Fee (RPRF) payments, officers would need to review the Payments abroad section on the website of Citizenship and Immigration Canada (CIC)

At the end of a pre-determined span of time, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to release the Confirmation of Permanent Residence i.e. IMM 5292 for the applicant and the eligible family members in Canada. However, it would do this only to enable the responsible inland office of Citizenship and Immigration Canada (CIC) and the visa office overseas to proceed with finalising the case in accordance with the provisions specified in the section titled “The Process for Finalising Approved Cases” that appears subsequently in this document.

Note:

  • It is not necessary for applicants to delete ineligible family members from their applications for permanent residence
  • However, officers would need to give applicants the opportunity to provide evidence that the family members are in fact eligible
  • This is in accordance with the norms concerning procedural fairness

The authorities have made provisions to enable officers to issue refunds in the following situations:

  • Fees paid in error or in excess (such as the Right of Permanent Residence Fee (RPRF) following the reduction announcement)
    • According to the Department’s policy, officers would need to refund the fees in situations where they have collected the fees in error or in excess
  • Application not processed
    • Officers would need to refund the fees for service if:
      • They have not processed an application and,
      • The client has formally indicated that the client wishes to withdraw the application OR,
      • The client decides not to submit the application
  • Right not granted or right not exercised
    • Officers would need to refund the Right of Permanent Residence Fee (RPRF) or the Right of Citizenship Fee (ROCF) if the authorities do not grant this right or if the applicants do not exercise this right
  • Multiple applications
    • Clients can only submit a single application per requested service. As such, officers would need to refund the fees collected for the submission of multiple applications for the same service.
  • Status cannot be obtained
    • If a Canadian citizen submits an application for a status that they cannot obtain, the officers would need to refund the appropriate fees
    • This is typically the case if a Canadian citizen submits an application for the grant of citizenship when the person is already a citizen
    • This is in accordance with the provisions specified in the Citizenship Regulations
  • Service cannot be obtained
    • If a person submits an application for which the authorities cannot grant the service because of the applicant’s status, the officers would need to refund the fees
    • This would typically be the case where a permanent resident or a Canadian citizen submits an application for permanent residence
    • This is in accordance with the provisions specified in the Immigration Regulations
  • Fee exempt
    • In some cases, the officers might accept a fee for a citizenship or an immigration application
    • However, the officers might subsequently discover that the client is fee exempt
    • In this scenario, the officers would need to refund all processing fees collected
  • Applicant for a citizenship application received incorrect information
    • Officers would need to provide a refund when the applicant applies for a proof or a grant of citizenship on the basis of receiving incorrect information from officials of Citizenship and Immigration Canada (CIC)
    • However, in this scenario, the applicant would need to provide the relevant documentation supporting the error
  • Applicant for a citizenship application dies (proof or grant)
    • Officers would need to provide a refund if the applicant dies before the authorities make a decision or issue a proof certificate
    • In this scenario, the refund request would typically need to come from a spouse or common-law partner (CLP), a parent or an executor
    • The applicant submitting the refund request would need to include a copy of the death certificate along with the refund request
    • The officers would pay the refund to the applicant’s estate

Note:

  • It is worth highlighting that officers would not refund the processing fee for applications that the applicants withdraw before the authorities render a decision
  • Officers could refer to Section 9.5 of CP 13 for more detailed information
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LCP : Ineligible Family Members

Ineligible Family Members

In some situations, a visa office could inform the Case Processing Centre in Vegreville, Alberta (CPC-V) that some family members:

  • Do not meet the definition of “family member” i.e. over the age of 22 years and are not full-time students or,
  • Are not subject to examination

In this scenario, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to:

  • Inform the applicant that the ineligible family members cannot be a part of the application and,
    • Give the applicant the opportunity to provide additional information within a specific time period or,
    • Give the applicant the opportunity to apply for a Right of Permanent Residence Fee (RPRF) refund, in case the applicant has paid this fee for the ineligible family members

Officers would need to grant refunds in all cases where the applicant has paid the Right of Permanent Residence Fee (RPRF) and the applicant has not acquired permanent resident status. The Department would remain obligated to refund the Right of Permanent Residence Fee (RPRF) if:

  • The authorities refuse the application or,
  • The applicant withdraws the application

The authorities usually provide refunds to the payer (usually the sponsor) in family class cases. Similarly, they provide refunds to the principal applicant in all other cases. In non-family-class cases, they also issue the refund to the principal applicant. It is worth highlighting that the authorities do not issue any refunds to any representatives or third parties.

Family-Class Sponsorship Cases

The authorities will issue refunds in family-class sponsorship cases to the sponsor “on demand” after a negative appeal decision. This is especially so in cases where there are appeal rights. Officers would need to ensure that the authorities have not issued a visa with the applicable visa office abroad. Thereafter, they would need to notify the sponsor that they would be refunding the Right of Permanent Residence Fee (RPRF) upon receiving a written request only after all appeals have been exhausted.

It is worth mentioning that the withdrawal of sponsorships at any time during the process would result in the refund of the Right of Permanent Residence Fee (RPRF). However, the Case Processing Centre would need to advise the visa office abroad of the withdrawal of the sponsorship. Thereafter, it would need to wait for receiving the confirmation that the authorities have not issued a visa prior to processing the refund.

Some sponsorship cases at the Case Processing Centre Mississauga could result in a negative sponsorship recommendation. In this scenario, the sponsor has the option of continuing with the processing of the case or obtaining a refund of the relevant fees paid immediately by withdrawing the application. In case they opt for the latter, they would receive the refund after the authorities have deducted $75 towards the application fee.

Cases Outside the Family Class

In cases outside the family class, the officers would need to initiate the refund of the Right of Permanent Residence Fee (RPRF) as soon as they send the letter to the applicant indicating the refusal, the withdrawal or the receipt of an unused permanent resident visa at the visa office. In some situations, the officers might find that the principal applicant is a deceased individual. In this scenario, they would need to make the refund to the estate of the applicant after receiving confirmations from the legal representative of the deceased.

For All Cases

Officers would need to check the “Right of Permanent Residence Fee (RPRF)” field in the following systems for all cases before they issue refunds:

  • The Field Operations Support System (FOSS)
  • The Computer Assisted Immigration Processing System (CAIPS)
  • The Case Processing System (CPS)

In addition, they would also need to check the Computer Assisted Immigration Processing System (CAIPS) notes for ensuring that the:

  • Applicant paid the fees and,
  • Authorities have not already issued a refund

In some cases, the officers might find that the authorities have issued a permanent resident visa, which the applicant has not utilised. In this scenario, the officers would need to ensure the return of the visa to the issuing office, before they can process a refund.

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Live-in caregivers – Processing of Family Members

The Processing of Family Members

Live-in caregivers would typically need to name all their family members on their application for permanent residence under the provisions specified in the Live-in Caregiver Program (LCP). This includes all family members, regardless of whether they are in Canada or abroad. Providing this information would enable the officers to assess these applications against the requirements prescribed for permanent residence.

Once the live-in caregivers become permanent residents, they have the ability to sponsor family members, whom the officers have not processed concurrently, as members of the family class. However, the caregivers would only be able to do this provided the officers examined these family members at the time of the live-in caregiver’s application for permanent residence from within Canada.

Applicants would also need to indicate:

  • The family members that require concurrent processing for the purpose of obtaining their permanent resident visas and,
  • The family members that the applicant has listed only for the purpose of examination

Some applicants might have family members who are living abroad. The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to inform the responsible visa office of this. In addition, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to send this visa office:

  • A copy of the In-Canada Application for Permanent Resident Status (IMM 5002), which lists all family members and shows which ones the authorities would need to process concurrently and,
  • A confirmation that the applicant has paid the fees for the family members that require concurrent processing

In addition, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to ensure that the responsible visa office has updated contact information for the applicant’s family members. If applicable, it would need to advise the visa office of any change in the live-in caregiver’s address and telephone number as well.

Situations could arise where certain non-accompanying family members wish to become accompanying family members. This would typically occur when the applicant wishes to change a family member, whom the applicant had initially listed as a non-accompanying family member to an accompanying family member, during the processing of the live-in caregiver’s application for permanent residence. It is worth highlighting that the applicants have the ability to effect this change.

However, officers would need to note that a non-accompanying family member can only become an accompanying family member if the principal applicant made the request before the authorities granted the applicant permanent residence.

If the officers find that this is indeed the case, they would need to check that the applicant has paid the appropriate fees at the time of making the request for the non-accompanying family member to become an accompanying family member.

Inadmissibility and Non-Accompanying Family Members

Officers would need to examine all family members. This is regardless of whether the family members are accompanying or not. However, officers have the ability to decide otherwise as well. In most cases, an inadmissible family member would typically render the principal applicant inadmissible. This is regardless of whether the family member is accompanying or not.

However, the provisions specified in R23 specify two exceptions to this rule. These concern:

  • The separated spouse of the applicant and,
  • A situation where:
    • A child of the applicant is in the legal custody of someone other than the applicant or the accompanying family member or,
    • Someone other than the applicant or accompanying family member of the applicant has the authority to act on behalf of that child by virtue or a court order or a written agreement or by operation of law

Officers might come across situations where the applicant’s separated spouse or their children, who are legally in the custody of someone else, are inadmissible. In this scenario, the officers would need to note that the inadmissibility of these individuals would not render the applicant inadmissible. However, officers would need to note that separated spouses can reconcile. Similarly, people have the ability to change the custody arrangements for their children. Therefore, the officers are well within their rights to require examinations for safeguarding the future right of sponsoring them as members of the family class. It is worth highlighting that if the authorities do not examine these family members at this stage, the principal applicant would not be able to sponsor them under the family class later. This is in accordance with the provisions specified in R117 (9) (d). However, officers would also need to refer to the provisions specified in R117 (10), which provides an exemption in these circumstances.

Officers would need to avoid issuing permanent resident visas to separated spouses, common-law partners or children in the legal custody of someone else. This is applicable even if these individuals undergo the relevant examinations. This is because separated spouses and common-law partners are not members of the family class. Moreover, the authorities treat children in the custody of someone else as non-accompanying family members. This is in accordance with the provisions specified in R117 (9) (c).

In addition, the officers would require satisfactory written evidence of a separation and that a child is in the legal custody or guardianship of another individual (including the other parent). Some examples of such acceptable documentary proof could include:

  • A formal separation agreement
  • A letter from a lawyer indicating that divorce proceedings are underway
  • A court order in respect of children identifying the fact of the relationship breakdown
  • Documents removing the spouse or common-law partner from insurance policies or wills
  • A statutory declaration in the case of countries where legal separation and divorce are not possible such as the Philippines
    • In this case, the officers could consider the following supporting documents as satisfactory evidence that the relationship has truly broken down:
      • Evidence that the separated spouse is living with or has children with another partner or,
      • Income tax returns that show the status as separated

The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to review the notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) from the initial work permit application at the visa office. This would enable it to check if the visa officer had confirmed the applicant’s marital status at the time. The Case Processing Centre in Vegreville, Alberta (CPC-V) might need to ask the visa office to confirm or discredit the statutory declaration or other information provided by the live-in caregiver, concerning the caregiver’s marital status at the time of their application for permanent residence.

Officers might benefit from going through the OP 2 – Processing Members of the Family Class chapter. This chapter contains additional information regarding the processing of family members.

Source: Citizenship and Immigration

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Medical Examinations for Live-in Caregiver Program

In accordance with the provisions specified in R30 (2.1), foreign nationals who have applied for permanent residence status and are members of Canada live-in caregiver class do not require submitting to medical examinations. This is in accordance with the provisions specified in R30 (1) as well.

Therefore, officers can only consider requesting live-in caregivers to complete a medical examination as part of their application for permanent residence under Canada Live-in Caregiver Program (LCP) in certain cases. For instance, they could request the live-in caregivers to complete a medical examination if the officers have reason to believe that the live-in caregivers have a health condition that could be a danger to public health or safety. This is in accordance with the provisions specified in A38 (1) (a) or A38 (1) (b). In this scenario, the officers would need to consult with National Headquarters or the Case Management Branch (NHQ / CMB) on the details of the case in question. The National Headquarters or the Case Management Branch (NHQ / CMB) would need to consider whether the situation warrants an exemption prior to the officers requesting the applicant to complete a medical examination.

Family members of live-in caregivers would always need to complete and clear a medical examination. This medical examination would be a part of a live-in caregiver’s application for permanent residence. This applies to family members of live-in caregivers whether they are in Canada or abroad.

If…

Then…

The officer does not have any reasons to believe that the applicant has a health condition that could be a danger to public health or safety…

The officer would need to avoid requesting the applicant to complete a medical examination as part of their application for permanent residence. The officer would need to record the medical requirement as “Passed” in the Case Processing Centre (CPC) system.

 

Note:

Officers could well encounter situations where they find that the date of the initial overseas medical assessment is older than five years at the application for permanent residence stage. In this scenario, the Case Processing Centre (CPC) system would not let the office proceed with a new application. Therefore, the officers would need to:

 

  • Modify the validity date manually to extend the validity of the initial medical assessment and allow the application for permanent residence to progress in the Case Processing Centre (CPC) system and,
  • Record this manual change in the notes in the Case Processing Centre (CPC) system to ensure that the file narrative reflects the amendment to the validity date of the initial medical assessment

The officer does have some reasons for believing that the applicant has a health condition that could be a danger to public health or safety…

The officer would need to refer the relevant case details to National Headquarters or the Case Management Branch (NHQ / CMB) for consideration on whether the situation warrants an exemption on humanitarian and compassionate (H&C) grounds or public policy grounds prior to requesting the applicant to complete a medical examination as part of their application for permanent residence.

 

The officer would thereafter, proceed accordingly following consultation with National Headquarters or the Case Management Branch (NHQ / CMB). In many cases, this means that the officer would need to request that the applicant complete a medical examination or grant the applicant an exemption and record the medical requirement as “Passed” in the Case Processing Centre (CPC) system (in case of the latter).

 

Note:

In some cases, an officer might request that the applicant complete a medical examination as part of their application for permanent residence after consulting with National Headquarters or the Case Management Branch (NHQ / CMB). The officer would need to record this request in the notes in the Case Processing Centre (CPC) system.

In some cases, the officers might find that a live-in caregiver has already completed a medical examination as part of the application for permanent residence. In addition, they might even find that the live-in caregiver is currently in the stages of procedural fairness correspondence. Typically, this would have its basis on a medical notification that indicates inadmissibility because of excessive demand under the provisions specified in paragraph 38 (1) (c) of the Immigration and Refugee Protection Act (IRPA).

In scenarios such as this, the officers would need to consider whether the situation warrants providing an exemption of the inadmissibility on humanitarian and compassionate (H&C) grounds or public policy grounds. The officers would need to consult with National Headquarters or the Case Management Branch (NHQ / CMB) on the subject.

In some cases, the National Headquarters or the Case Management Branch (NHQ / CMB) might indicate that a live-in caregiver would need to complete a medical examination as part of the application for permanent residence. In addition, the officers might subsequently find that the live-in caregiver is inadmissible on health grounds based on the provisions specified in paragraphs 38 (1) (a) or 38 (1) (b) of the Immigration and Refugee Protection Act (IRPA).

In these kinds of scenarios, the officers would need to provide the applicant with the choice of requesting for consideration on humanitarian and compassionate (H&C) grounds or public policy grounds. This would typically necessitate further consultations with the National Headquarters or the Case Management Branch (NHQ / CMB). Only after these consultations have taken place should the officers refuse any such requests for consideration under humanitarian and compassionate (H&C) grounds or public policy provisions.

For more details on this, the officers would need to view the instructions on medical requirements. These instructions carry additional details concerning immigration medical examinations. 

Source: Citizenship and Immigration

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Applications from Eligible Live-in Caregivers in Quebec

The authorities might grant approval in principle to some applicants in Quebec. In this scenario, the Case Processing Centre in Vegreville, Alberta (CPC-V) typically sends a copy of the application for permanent residence along with a covering letter to the Ministère de l’Immigration et des Communautés Culturelles (MICC). If Quebec accepts the applicant, the Ministère de l’Immigration et des Communautés Culturelles (MICC) would need to issue the Certificat de sélection du Quebec (CSQ).

In some situations, Quebec might refuse the applicant and as such, not issue the Certificat de sélection du Quebec (CSQ). In this situation, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to inform the applicant that the applicant has the option of gaining admission in another province or territory. Thereafter, if the applicant selects another province or territory, the authorities would continue processing the application.

In case the applicant moves to another province or territory, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to forward the application to the Citizenship and Immigration Canada (CIC) inland office that is responsible for the applicant’s new place of residence. The responsible Citizenship and Immigration Canada (CIC) inland office would need to finalise the case. Thereafter, it will not revisit the initial approval in principle decision unless its officers come across evidence of fraud or misrepresentation.

In case the applicant decides not to move to another province or territory, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to refuse the application as there is no Certificat de sélection du Quebec (CSQ). Thereafter, it would need to send a refusal letter to the applicant.

Assessing the Admissibility Requirements

The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to determine whether the applicant is a member of the live-in caregiver class. This is in accordance with the provisions specified in R113. Thereafter, the applicants would need to undergo and clear various criminal and security checks. They might need to complete a medical examination as well. This is in accordance with the provisions specified in the section titled “Medical Examinations” given subsequently in this document.

All family members of Live-in Caregiver Program (LCP) applicants for permanent residence would need to undergo medical, criminal and security checks for determining admissibility. This requirement is applicable to all family members of Live-in Caregiver Program (LCP) applicants, both in Canada and those outside Canada. The authorities would not be able to grant Live-in Caregiver Program (LCP) applicants permanent residence if they find the principal applicant or any of the principal applicant’s family members inadmissible under Division 4 – Inadmissibility of the Act i.e. A33 to A42.

Officers would need to read the OP 14 chapter for additional information concerning the overseas processing of family members outside Canada.

Criminal and Security Checks

Applicants and dependent children 18 years of age or over would need to provide police certificates for each country that they have lived in for a duration of six months or more.

The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to:

  • Check the notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) for any visa office comments
  • Check the Field Operations Support System (FOSS) and the Canadian Police Information Centre (CPIC) for any report on inadmissibility or criminal activity
  • Refer cases involving suspected misrepresentation or serious criminality or security concerns, as described in A34, A35, A36 (1), A37 or A40 to the appropriate inland office of Citizenship and Immigration Canada (CIC)

For more information, the officers would need to refer to the table below.

For More Information On…

Refer to

Criminal and Security Requirements

OP 2 (Section 5.21)

Evaluating Inadmissibility

ENF 2

Note:

  • The authorities would refuse applications if they find the applicant or any dependent child inadmissible

 Source: Citizenship and Immigration

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Inserts that Officers Would Need to Use in the Refusal Letter

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

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Refusing Applicants Determined Not to Be Members of the Live-in Caregiver Class for Ineligible Applicants

Refusing Applicants Determined Not to Be Members of the Live-in Caregiver Class for Ineligible Applicants

For applicants determined not to be members of the live-in caregiver class, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to send these individuals a letter. These ineligible applicants would receive a letter informing them that the authorities have refused their applications. In addition, the letter would need to specify the basis on which the authorities have refused their applications. This is in accordance with the provisions specified in R113. Readers could view the sample letter given below.

The Sample Letter in Cases of Refusals

This refers to your application for permanent resident status in Canada.

[Insert applicable secondary paragraph(s) here (see inserts below)]

[Provide specifics of the situation which is leading to refusal and state whether it is the applicant or family members who are not meeting the requirement]

The client number shown in the upper right corner of this letter is your personal identification number. This number provides access to information on your file and, as such, for your own protection, you should not allow any other person to use this number. When sending correspondence to Citizenship and Immigration Canada, please be sure to include your personal identification number. Failure to include this number could result in the return of your correspondence unanswered.

If you require further assistance, please contact the CIC Call Centre (1-888-242-2100 or TTY at 1-888-576-8502) and be prepared to quote your client number and answer several questions to confirm your identity. General information and application kits may also be obtained through our website at http://www.cic.gc.ca. 

Source: Citizenship and Immigration

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