Last Updated on diciembre 25, 2016

The Commencement of the Process for Selecting Live-in Caregivers

The authorities have designed the selection process in such as manner so as to ensure that the prospective employer and employee take the entire responsibility for obtaining all the necessary information and application forms. This renders the visa offices free to focus on providing a timely final decision on the Live-in Caregiver Program (LCP) work permit applications.

The prospective employer in Canada will first need to obtain the information of a positive or neutral Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC) or Service Canada. Thereafter, the authorities at Employment and Social Development Canada (ESDC) or Service Canada inform the employer via a letter. This letter typically states that the authorities have validated the offer of employment. In addition, the letter also specified the system file number.

The confirmation letter that Employment and Social Development Canada (ESDC) or Service Canada typically send:

• Asks the employer to forward a copy of the Employment and Social Development Canada (ESDC) or Service Canada Labour Market Opinion (LMO) confirmation letter and the signed employment contract to the prospective live-in caregiver
• Informs the employer to get the live-in caregiver to check the applicable visa office’s website for information about the work permit application process
  • On viewing the visa office’s website, the applicant would be able to download the relevant application forms or,
  • The applicant would be able to contact the visa office for the purpose of obtaining the relevant application forms, in a few cases
• Recommend that the employer download the relevant application forms from the applicable visa office’s website and send them to the live-in caregiver applicant, in case the employer is concerned about the applicant’s access to the internet

The confirmation letter from Employment and Social Development Canada (ESDC) or Service Canada advises the employer to instruct the live-in caregiver applicant to send the work permit application, along with all the required supporting documentation to the appropriate visa office. This supporting documentation would typically comprise:

• The signed mandatory employment contract and,
• A copy of the Labour Market Opinion (LMO) confirmation letter

Thereafter, the officers would need to check the Foreign Worker System (FWS) via the Foreign Worker System (FWS) Computer Assisted Immigration Processing System (CAIPS) or Foreign Worker System (FWS) Global Case Management System (GCMS) link. For this, they would need to use the system file number specified in the Labour Market Opinion (LMO) confirmation letter. This would enable them to verify that Employment and Social Development Canada (ESDC) or Service Canada has validated the offer of employment under the Live-in Caregiver Program (LCP).

Note:

• The selection process typically commences when the visa office receives the completed application form and all the other required documents from the applicant

What Are the Documents Required Along with the Live-in Caregiver Program (LCP) Work Permit Application?

Any work permit application will typically require the submission of the regular documentation. The details of this documentation are available in FW 1 – The Temporary Foreign Workers Guidelines chapter. In addition to these documents, the applicant will need to provide:

• Proof of having completed the equivalent of Canadian secondary school
• Proof of six months of full-time training in a classroom setting or one year of full-time paid employment related to the job in question within the past three years – this would need to include at least six months of continuous employment with one employer
• A valid passport
• A police certificate from all areas where the applicant has resided
  • It is worth mentioning that this is not mandatory until the time of application for permanent residence
  • However, it is easier to provide this from the home country than from Canada
  • In some cases, the applicants might not be able to provide this
  • In this scenario, officers would need to remember that the non-provision of this document is not a reason for refusing a work permit unless the officers believe that the applicant would be inadmissible on criminal grounds
• An original birth certificate, original marriage certificate (where applicable) and, if separated or divorced, original certificates or, in case the certificates are not available, written evidence of marital status
  • This is especially important in countries where divorce or legal separation is not possible
• Information on all the close family members
  • Not all visa offices will require this information
• Letters of reference from previous employers
  • Applicants would also need to provide proof of full-time employment
  • This would typically include proof that they have paid all the mandatory deductions of that country
  • For instance, in the Philippines, the law stipulates that employers will need to pay monthly contributions to Philhealth and Social Security System for all employees without any exceptions
  • By submitting such proof, the applicant will be able to prove that these proofs of contributions made highlight the fact that the applicant received payment for their employment or,
• In case the applicant has held overseas employment, the applicant would need to provide the employment contract
  • It is worth mentioning that the employment contract will need to provide details such as:
    • The duties performed
    • The dates of employment
    • The position
    • The copy of the passport pages that contain the initial entry visa and,
    • The subsequent work permits that the applicant held to work in that country
  • A copy of the employer’s valid Labour Market Opinion (LMO) letter from Employment and Social Development Canada (ESDC) or Service Canada, which will provide the system file number of the job validation in the Foreign Worker System (FWS)
  • A copy of the mandatory signed employment contract that sets out the terms and conditions of employment duly signed by the employer and the applicant and,
  • The processing fee
    • For details on this, readers would need to go through the IRP Regulatory Amendments – Cost Recovery Fact Sheet
    • This is available in Appendix A of IR 5

Note:

• It is worth mentioning that the authorities might require other documents
• This might be necessary because of the legal requirements of the country in which the applicant resides or as a result of the country conditions that the visa office has determined

The Guidelines for Assessing the Live-in Caregiver Program (LCP) Work Permit Application

The applicant will need to send the application for a work permit under the Live-in Caregiver Program (LCP) to the applicable visa office. Along with the application, the applicant will need to send all the required supporting documentation. On receiving these documents, the officers would need to determine whether the applicant meets the eligibility criteria outlined in R112. For this, they would need to refer to the following table:

The Live-in Caregiver Program – The Eligibility Criteria for Applicants
Criteria	Background Information	How Officers Must Evaluate
1.       The Successful Completion of the Equivalent of Canadian Secondary School Education		·         Officers would need to check that the applicant has completed studies in a vocational, technical or academic stream (or any combination of these) ·         It is worth mentioning that studies at a community college or university might also qualify   Using the knowledge of the host country’s education and training system, the officer would need to feel satisfied that: ·         The institution is a legitimate establishment ·         The purpose of the education is to provide formal education ·         The program has a formal curriculum ·         The examination results are successful ·         The diploma and supporting documents are valid and, ·         The report cards and letters from the institution attesting to the applicant’s educational achievement are genuine (in case diplomas are not available)   Note: ·         The authorities will refuse applicants who provide false transcripts ·         This is in accordance with the provisions specified in A16 (1), A40 (1) and A36
2.       (a) – The successful completion of six months of full-time classroom training in a field or occupation related to the job in question OR	·         This enables applicants who are well qualified through their education, even though they might not have any experience ·         If a host government has sanctioned a training program for governesses, the caregivers of the elderly or jobs of a similar nature, then the program might end up satisfying the Live-in Caregiver Program (LCP) criteria. As such, the officers would need to screen training programs for adequacy and legitimacy.	The officer would need to feel satisfied that: ·         The transcripts of individual courses within the degree or diploma program include six months related to caregiving ·         The applicant has completed the training in a classroom setting and the program does not include activity assignments (as the intent is that hours spent working cannot receive any credits as hours spent in training) and, ·         The courses taken relate directly to the Canadian job offer
2. (b) – The completion of one year of full-time paid employment, including at least six months of continuous employment with one employer in that field or occupation within three years immediately prior to the day on which the person submits an application for a work permit to a visa office   Note: ·         The authorities require applicants to meet the conditions specified in either 2 (a) or 2 (b)	·         This enables experienced applicants who have no formal training to apply	·         The applicant would need to have at least six months of continuous full-time paid employment with the same employer – this would automatically disqualify people who change employers frequently ·         The work experience would need to be within three years immediately prior to the application ·         The authorities will also consider work experience in an institutional setting where the applicant’s duties include caregiving (such as day care facilities, crèches, hospitals and senior citizen homes) ·         The authorities do not consider experience as a midwife or a hospital technician as these individuals do not have caregiving experience related to children, the elderly or persons with disabilities and, ·         The caregiving work experience must be related to the Canadian job offer   Note: ·         The authorities will refuse applicants who provide false transcripts ·         This is in accordance with the provisions specified in A16 (1) and A40 (1)
3.       The ability to speak, read and understand either English or French at a level sufficient to communicate effectively in an unsupervised situation		·         The officer would need to carefully document how the officer assessed the applicant’s language ability in refusal cases and consult with International Region, National Headquarters if the officer is considering a refusal (under the provisions specified in R112 (d)) in case the applicant is fluent in the official language which is not the official language spoken in the employer’s community
4.       Have an employment contract with the applicant’s future employer	·         The employer will typically send the contract to the applicant ·         The applicant would need to sign the contract indicating the agreement and return it to the employer ·         Thereafter, the employee would need to send the signed employment contract to the visa office along with the work permit application form and the other documents specified   Note: ·         If necessary, the applicant might renegotiate some aspects of the employment contract, which might result in a revised contract ·         Situations could arise where the contract undergoes revision after Employment and Social Development Canada (ESDC) or Service Canada has approved it as part of the employer’s Labour Market Opinion (LMO), the employer will need to identify and explain any changes to the contract clearly ·         In addition, the revised employment contract would need to bear the signatures of both the employer and the applicant ·         In some cases, the revised contract might feature handwritten changes ·         In this scenario, the original wording would need to remain legible, struck out and the signatures of both parties would need to appear next to the change, indicating agreement   ·         It is worth highlighting that the authorities have provided a sample contract template on the website of Citizenship and Immigration Canada (CIC)   ·         Situations could arise where come live-in caregivers might be destined to Quebec ·         In this scenario, the Ministère de l’Immigration et des Communautés culturelles (MICC) has its own contract template that reflects Quebec’s provincial requirements under the Live-in Caregiver Program (LCP) ·         Thus, applicants destined to Quebec would need to refer to the Quebec contract template, which is available on the website of Ministère de l’Immigration et des Communautés culturelles (MICC)	·         The officer would need to electronically receive the validated offers of employment from Employment and Social Development Canada (ESDC) or Service Canada ·         The employment contract would need to include information on: o   The duties of the caregiver o   The detailed job description o   The hours of work and schedule o   The wages and overtime rates o   The days off, vacation and sick leave o   The health insurance and other benefits o   The cost of room and board o   The accommodation and, o   The terms of separation   ·         The officer would need to be able to clearly substantiate from the information provided that the potential employee will primarily be providing caregiving services ·         The contract must outline the care requirements that the live-in caregiver will be providing (childcare, elderly and / or care of persons with disabilities) and should also clearly specify the employee duties that meet the employer’s requirements ·         The terms and conditions of the contract will need to be consistent with the provincial or territorial labour laws and employment standards, by law ·         At the interview, the caregiver’s understanding of the job duties, working conditions, wages etc. would need to be consistent with the information specified in the contract ·         The officer has the authority to request that the employer provide evidence of sufficient income from a reliable or easily verifiable third party Canadian source – it is worth pointing out that the authorities do not accept affidavits as being acceptable as such evidence

The Statutory Requirements for Admissibility

R112 contains various details that specify the eligibility criteria that applicants would need to meet. In addition to this eligibility criteria, the applicant would need to undergo the following admissibility checks:

• A medical examination
• A security check for certain applicants and,
• Compliance with normal visitor requirements (more details follow in the section on Temporary Residents)

Note:

• Medical officers overseas will assess the medical examination that applicants undergo for excessive demand in anticipation of the applicant subsequently applying for permanent residence under the Live-in Caregiver Program (LCP)
• The authorities permit live-in caregivers to apply for permanent residence after working 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) by regulation
• In this scenario, it becomes difficult to apply the normal requirement that temporary residents leave Canada by the end of the period authorised for their stay in the case of live-in caregivers
• Wherever and however possible, the officers would need to satisfy themselves that applicants under the Live-in Caregiver Program (LCP) have the intention of leaving Canada should the authorities refuse any subsequent application for permanent residence
• This is especially so given the difficulty of establishing future intentions
• It is worth highlighting that the question is not so much about whether the applicant will seek permanent residence but rather whether the officer is satisfied that the person would not continue staying in Canada illegally

The Guidelines for Finalising the Application for a Live-in Caregiver Program (LCP) Work Permit

The applicant would need to meet all the prescribed eligibility and admissibility requirements. Only then will the authorities consider the applicant as eligible for gaining entry into Canada. Once the applicant meets all the prescribed requirements, the visa office approves the work permit. Thereafter, the visa office will issue the work permit at the port of entry (POE) for a span of up to four years plus three months for a specific job and a specific employer. In most cases, the visa office determines the validity period of the initial Live-in Caregiver Program (LCP) work permit based on the duration of employment specified on the Labour Market Opinion (LMO) and other considerations. These considerations could include passport validity, Labour Market Opinion (LMO) validity and Certificats d’acceptation du Québec (CAQ) validity. For more details, readers would need to go through section 6 of the FW 1 – The Temporary Foreign Worker Guidelines chapter.

The officers would need to use National Occupational Classification (NOC) code 6474 – 200 for Live-in Caregiver Program (LCP) work permits and permanent resident status documents. In addition, the officers would need to enter the code ‘LCP’ in the special program box of the work permit.

For completing the process, the officers would need to:

• Enter the details concerning the applicant’s marital status into the notes on Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS)
  • This note would need to include details of the applicant’s separated or divorced spouse or partner such as:
    • The spouse’s name
    • The spouse’s date of birth and,
    • The spouse’s date of divorce
  • Enter details of the police certificate (if available)
    • It is worth mentioning that the Case Processing Centre in Vegreville (CPC-V) will need to access these details in case the applicant applies for permanent residence from within Canada under the Live-in Caregiver Program (LCP)
  • Make decisions based on the requirements of the Act and the Regulations and document them accordingly
  • Indicate in the case notes about how the officers conducted the assessment and the documents that they considered
    • In case the officers refuse the application, they would need to indicate the criteria that the applicant failed to meet
  • Send the appropriate letter to the applicant informing them of the outcome of their application (in case the decision is negative)
    • In this scenario, the officers will need to refer to the sample refusal letter titled ‘The Applicant does not Meet the Program Requirements’ given in Appendix A
  • Refuse the application in case the employer withdraws the offer of employment
    • In this scenario, the officers will need to refer to the sample refusal letter titled ‘The Withdrawal of the Offer of Employment’ given in Appendix A

The officers would also need to give live-in caregivers Live-in Caregiver Program (LCP) publications that Citizenship and Immigration Canada (CIC) typically produces. In addition, they would need to refer the live-in caregivers to the website of Citizenship and Immigration Canada (CIC) for:

• Additional details about the program
• A fact sheet on the employment standards legislation (refer to Appendix B)
• A listing of the employment standards contacts (refer to Appendix C) and,
• The counselling fact sheet (refer to Appendix D)

The Guidelines for Quebec-Bound Applicants

It is worth highlighting that paragraph 22 (b) of the Canada – Quebec Accord states that the authorities in Canada require Quebec’s consent in order to admit into the province any temporary foreign worker whose admission remains subject to Canada’s requirements pertaining to the availability of Canadian workers. As such, a Quebec-bound applicant under the Live-in Caregiver Program (LCP) would need to obtain a Certificats d’acceptation du Québec (CAQ) first. Only then would the applicant be able to submit a Live-in Caregiver Program (LCP) work permit application to Citizenship and Immigration Canada (CIC). The Ministère de l’Immigration et des Communautés culturelles (MICC) will usually issue the Certificats d’acceptation du Québec (CAQ) once it reviews the file based on their selection criteria.

All applicants under the Live-in Caregiver Program (LCP) would need to satisfy Canadian visa officers that they meet all the eligibility criteria prescribed in R112. The federal visa officer would need to ensure that the applicant meets all R112 criteria prescribed. In addition, the applicant would need to meet all the Live-in Caregiver Program (LCP) requirements outlined in R112 along with other criteria specified in the Immigration and Refugee Protection Regulations (IRPR). This is regardless of the issuance of the Certificats d’acceptation du Québec (CAQ) by the Ministère de l’Immigration et des Communautés culturelles (MICC).

Similarly, the staff at visa offices would need to process live-in caregivers destined to Quebec in the same manner as any other cases. In addition, they would need to process live-in caregivers destined to Quebec in the order in which the officers receive them in the queue.

Situations could arise where applicants have obtained the Certificats d’acceptation du Québec (CAQ), but do not meet the federal requirements. In this scenario, the federal regulations take precedence. As such, the officers would need to refuse these applicants. It is worth highlighting that the issuance of a Certificats d’acceptation du Québec (CAQ) does not automatically guarantee a work permit under the Live-in Caregiver Program (LCP).