What This Chapter is About
This chapter detailed the overseas processing of work permit applications under the provisions of the Live-in Caregiver Program (LCP). It also describes the manner in which the officers would need to process overseas applications for permanent residence from live-in caregivers’ family members who are living outside Canada.
Readers wold need to consider going through the details specified in IP 4 – Processing Live-in Caregivers from Canada. This documents contains details about the procedures related to in-Canada processing of work permit applications under the Live-in Caregiver Program (LCP). It contains details about the procedures related to the in-Canada processing of applications for permanent residence from live-in caregivers as well.
The Program Objectives
Citizenship and Immigration Canada (CIC) came up with the Live-in Caregiver Program (LCP). It established this program to meet a labour market shortage of live-in caregivers in Canada. At the same time, it wanted to use this program to provide an avenue for individuals to work and eventually, apply for permanent residence from within Canada.
The Live-in Caregiver Program (LCP) aims to bring qualified temporary workers to Canada for providing:
- 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. However, these applicants would only be eligible to apply once they have been employed 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 after their entry into Canada under the Live-in Caregiver Program (LCP).
The Act and the Regulations
The following table provides details on the legislation concerning the Live-in Caregiver Program (LCP).
|The definition of the live-in caregiver||R2|
|The live-in caregiver class||R110|
|Processing the applications||R111|
|The requirements for work permits||R111, R112|
|The requirements for family members||R114|
|The applicable times for conformity||R115|
The table that follows lists the forms that the applicants would typically require when they apply for permanent residence under the Live-in Caregiver Program (LCP).
|The Form Title||The Form Number|
|The Application for a Work Permit Made Outside of Canada||IMM 1295E|
|The Application for a Temporary Resident Visa Made Outside of Canada||IMM 5257E|
|Any Additional Family Information||IMM 5406E|
|The Application for Permanent Residence in Canada||IMM 0008EGEN|
The Instruments and Delegations
Section 6 of the Immigration and Refugee Protection Act (IRPA) authorises the Minister to designate officers to carry out specific powers. It also enables the Minister to delegate certain authorities. In addition, there might be some ministerial authorities that the Minister might not be able to delegate. Such ministerial authorities would typically comprise authorities that relate to security certificates or national interest. Section 6 provides details on all such kinds of ministerial authorities that the Minister cannot delegate.
In instrument IL 3 – Designation of Officers and Delegation of Authority, the Minister of Citizenship, Immigration and Multiculturalism has delegated powers. In the same document, the Minister has also designated the officials authorised for carrying out any purpose of any provisions, whether legislative or regulatory.
At present, the authorities have specified no definitions in this section.
- The Procedure for the Offer of Employment Validation Process – Employment and Social Development Canada (ESDC) or Service Canada Roles and Responsibilities