Important Information for Live-in Caregivers

The website of Citizenship and Immigration Canada (CIC) provides ample information on the rights of temporary foreign workers and the law.

Therefore, live-in caregivers would need to confirm that their employers still wish to hire them. Only after confirming this should they finalise their plans of departing for Canada. In some cases, the caregivers might find that their employers no longer need their services. In this scenario, the authorities would not issue work permits for these caregivers. This is because the authorities will only issue work permits approved for a specific job and a specific employer. Therefore, these caregivers might find that the authorities do not allow them to enter Canada.

Officials at the port of entry (POE) might ask the caregivers’ employers to meet them at the port of entry (POE). Only after this would they consider issuing the caregivers work permits.

Caregivers would need to have written employment contracts signed by both the caregiver and the future employer. The contract defines the caregiver’s job duties, hours of work, salary and benefits i.e. overtime etc. The contract serves to reinforce the caregiver’s employer’s legal responsibilities towards the caregiver as well. This requirement helps provide a fair working arrangement between the caregiver and the employer. In addition, it provides both the parties with a clear understanding of expectations from each other.

Caregivers would need to ask for ‘pay slips’ with each pay cheque that they receive. This would be useful for showing their deductions and net pay i.e. pay after deductions.

Situations could arise where the caregivers are not happy with their jobs. In this scenario, they would need to notify their employers about this. In many cases, a little flexibility from both sides can bring about changes that work to the betterment of both sides. Some employers might have waited for a ling time and might have paid agency fees for bringing the caregivers into Canada. These employers will appreciate the caregiver’s honesty.

In some cases, the caregiver might decide to change employers. However, they would need to remember that they cannot begin working for the new employer unless they get a new work permit. The new work permit will name the new employer specifically. Therefore, the new employer will need to get approval from Employment and Social Development Canada (ESDC) or Service Canada first. Only then would the caregiver be able to obtain a new work permit, which would enable the caregiver to start working for the new employer.

Even if caregivers do not change employers, they will need to renew their work permits. Working in Canada with an expired work permit is illegal. Therefore, caregivers would need to apply for extensions of their work permits in Canada. In particular, they would need to do so at least three months in advance of the expiry date of their existing work permit. It is worth highlighting that renewing the work permit is entirely the caregiver’s responsibility and not the employer’s.

The caregivers will bear the responsibility for keeping their legal documents safe as well. These documents would typically comprise the work permit and passport. Caregivers should not give these documents to anyone – even to their employers. On occasions, caregivers might need to show these documents for verification purposes. As such, the employer might request to see the caregiver’s work permit. However, the caregiver would need to keep these documents entirely in their own possession.

It is worth highlighting that under no circumstances can an employer deport a caregiver from Canada. As such, the caregiver’s employer has no authority to hold the caregiver’s passport.

The law permits a caregiver to work in Canada as an authorised live-in caregiver only. As such, if the caregiver works in any other job (even on a part-time basis), the authorities could disqualify the caregiver from the program. In addition, the authorities could even consider the caregiver from being eligible for permanent residence.

In some cases, it is possible that the caregiver or someone else lied about the education, training or experience of the caregiver, when the caregiver first applied in the Live-in Caregiver Program (LCP) outside Canada. This could lead to the disqualification of the caregiver from the Live-in Caregiver Program (LCP) in Canada.

In case the caregiver wants to apply for permanent residence in Canada, the caregiver would need to:

• Work on a full-time basis as a live-in caregiver for at least 24 months or a total of 3,900 hours in a minimum of 22 months within the four years immediately following the caregiver’s entry into Canada under the Live-in Caregiver Program (LCP)
• Clear the medical, criminal and security checks (along with the caregiver’s spouse and the caregiver’s dependent children) and must not be going to an immigration enquiry (or hearing) or be under an order for leaving Canada
  • For instance, in some cases, the caregiver might marry a refugee claimant in Canada
  • In this scenario, the status of the caregiver’s spouse might prevent the caregiver from getting permanent resident status and,
• Live in the home of the person for whom the caregiver has been hired to provide care
  • Failure to do this would entail that the caregiver cannot continue to work in the Live-in Caregiver Program (LCP), which also means that the caregiver would not be able to apply for permanent residence

The authorities permit the caregiver to apply for permanent residence once the caregiver has worked for the specified 24 months or 3,900 hours in a minimum of 22 months. For this, the caregiver would need to maintain their temporary resident status and have a valid work permit until they become permanent residents.

If the caregiver plans to apply for permanent residence, they might wish to get original documents that demonstrate, in as much detail as possible, all of their education, training and experience, prior to leaving their country. These documents could be quite helpful when they apply for work in Canada. In addition, they could help the caregiver to get into a program of study after they have become permanent residents. It is often easier to get these documents while the caregiver is still in their home country.

Situations could arise where the caregivers had to get temporary resident visas for coming to Canada. For this, they might need to get new ones if they leave Canada temporarily. This would typically be the case when they leave Canada for their holidays. This is applicable in all cases, unless the caregiver is visiting the United States.

The Contact List

Applicants might have questions, difficulties or complaints pertaining to their employment as live-in caregivers. To address these, they would need to call or visit the labour or employment standards branch for their province or territory. The counsellors at these offices would be able to answer questions that these workers have about their rights as caregivers. In addition, the counsellors would be able to help these caregivers in case the caregivers are having any work-related difficulties with their employers.

On occasions, when people call the labour or employment standards branches for their provinces or territories, they might come across pre-recorded messages. They would need to stay on the line and follow the directions that they receive. In case the recorded message does not answer their question, a counsellor would eventually come on the line. However, it is worth highlighting that these numbers are frequently in use. Therefore, it might take more than one attempt to get through. As such, the people calling these numbers will need to be patient.

In case the caregivers prefer, they could also write in to the office responsible for labour laws or employment standards in their province or territory. For this, they would need to write a letter that clearly indicates their question or concern. Then, they would need to mail it to the address shown. These people would need to ensure that they include their names and occupations (the work they do) and how the authorities can get in touch with them. For this, they would need to provide their phone numbers and addresses. In some situations, the caregivers might need to get assistance quickly. For this, they would need to call as calling is faster than writing. It is worth mentioning that the counsellors at these offices are available for helping people working as caregivers. Hence, the caregivers should not hesitate in getting in touch with these individuals.

For additional details, the caregivers would need to visit the website of Citizenship and Immigration Canada (CIC).

This process will usually take place once the live-in caregiver has completed the Live-in Caregiver Program (LCP) and applied for permanent residence.

The Requirements for the Visa Office

The officers would typically receive notifications stating that the live-in caregiver applicants (or principal applicants) have dependent family members residing abroad. In this scenario, the visa office would need to:

• Forward an Application for Permanent Residence in Canada i.e. IMM 0008 to the family members and indicate the time limit they have for responding
• Open an LC2 file in all cases – this is regardless of whether the family members are undergoing concurrent processing or not
• Confirm the identify and determine the relationship of all the family members
• Show the case as ‘Passed’ at the paper screening and selection stage – this is regardless of whether the family members are undergoing concurrent processing or not
• Indicate whether or not the individuals have paid the processing and the right of permanent residence fee
• Insert the exemption code ‘999’ for family members whom the officers have not processed concurrently and ‘LFN’ to indicate that they are exempt from paying the right of permanent residence fee
  • In this scenario, the officers would also need to provide an explanation in the remarks box
  • The explanation could specify ‘LC2 not applying for permanent residence) and,
• Initiate the appropriate medical and background examinations

Note:

• The officers would need to enter the codes ‘FPC’ and ‘LFC’ in case the principal applicant has paid the processing and the right of permanent residence fees in Canada

The Guidelines for Quebec Cases

The authorities require that the live-in caregiver obtain a certificat de sélection du Québec (CSQ) for the caregiver and all accompanying family members who will be residing in the province of Quebec.

The officers would need to request the authorities to issue a certificat de sélection du Québec (CSQ) for the accompanying family members. For this, the officers would need to contact the responsible Ministère de l’Immigration et des Communautés culturelles (MICC) office and provide the list of the accompanying family members abroad. This list would need to contain the names and dates of birth of each of the accompanying family members and the principal applicant. In addition, it would need to include their Case Processing Centre (CPC) client id number as well.

Note:

• The officer would need to inform the National Headquarters (NHQ) / Immigration Branch in case there are any problems surrounding the issuance of the certificat de sélection du Québec (CSQ)
• The officers should not request the non-accompanying family members to complete a Demande de certificat de selection (DCS)

The Guidelines for Contacting the Family Members

The officers would need to try to contact the family members residing abroad directly. Alternatively, they could attempt to contact these people by enlisting the live-in caregiver applicant’s assistance. It is worth mentioning that the inland officer’s assistance in contacting overseas family members should remain limited only to exceptional situations. This is why the officers would need to ensure that they have valid, complete and up-to-date mailing addresses for all the family members. It might also be worthwhile for the officers to have a telephone number for each of these family members.

The Case Processing Centre (CPC) would need to inform the visa office each time it receives a change of address for live-in caregivers whose family members officers are processing abroad.

Situations could arise where these family members do not return completed Applications for Permanent Residence in Canada i.e. IMM 0008. Alternatively, these family members might not provide the documentation requested for within the stipulated timeframes. In this scenario, the officers have specific instructions to follow up with the family members. This is in accordance with the provisions specified in section 9.13 of the IP 4 – The Processing Live-in Caregivers in Canada chapter. Officers would need to send a copy of the form to the principal applicant in Canada. In addition, they would need to send a copy to the Case Processing Centre in Vegreville (CPC-V) in case the visa office is not using the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS). The officer might attempt to contact the principal applicant at any time during this process.

The letter will typically need to state that, in case the applicants (or family members) do not provide the documentation requested for within a specified period of time (as appropriate), the officers would close the file. This would result in the authorities refusing the applicant in Canada.

The Guidelines for Finalising Approved Cases

The principal applicant and the family members would need to meet all the prescribed identity, relationship and statutory requirements. Thereafter, the officers would need to provide the Case Processing Centre (CPC) with the:

• Results of the statutory checks
• Period of validity of the statutory checks and,
• Visa office file numbers for both accompanying and non-accompanying family members

Note:

• The officers have the ability to communicate the results via e-mail to [email protected]
• The officers would need to address all e-mail messages to the attention of ‘Client Services’

The Guidelines for Processing Files for Accompanying Family Members

The authorities will leave the visa office file for accompanying family members open until the inland Citizenship and Immigration Canada (CIC) office confirms that the authorities have granted the live-in caregiver applicant permanent resident status.

It is worth mentioning that the applicant will need to include all family members in the original application for permanent residence. This is regardless of whether the family members are accompanying or non-accompanying. This is in accordance with the provisions specified in R114. The authorities permit a non-accompanying family member to become an accompanying family member during the processing of the application. For this, the non-accompanying family member will need to make a request and pay the appropriate fees at the time of the request. The family member will need to make the request prior to the authorities granting permanent resident status to the live-in caregiver in Canada.

It is not necessary for the principal applicant to include a newly created family member in the original application for permanent residence. Such family members could typically include newborns and new spouses. The principal applicant can add these family members to the application during the processing of the application of the live-in caregiver.

In time, the authorities will grant permanent resident status in Canada to the principal applicant. In addition, they will send a notification to this effect to the visa office. On receiving this notification, the visa office would need to verify that the family members have undergone parallel processing as accompanying family members. Thereafter, they will show this case as ‘approved’. Following this, the visa office would need to issue permanent resident visas to the accompanying family member. However, the visa office would only do this if the medical and background checks are still valid.

The Guidelines for Processing Files for Non-Accompanying Family Members

In case the family members are non-accompanying, the officers would need to:

• Show the case file disposition as ‘withdrawn’
• Insert a note in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) e.g. ‘LC2 family member did not seek permanent residence’ and,
• Inform the Case Processing Centre (CPC) of the examination results

Note:

• The officers would need to ensure that they do not issue permanent resident visas to non-accompanying family members
• The live-in caregiver has the ability to sponsor these family members as members of the family class at a later date
• However, the live-in caregiver would only be able to do this in case the authorities examined these family members at the time the caregiver applied for permanent residence
• In addition, the family members whom the live-in caregiver sponsors at a later date will need to meet all requirements applicable at that time
• Family members will need to complete a medical examination, whether they accompany the applicant or not and whether they live in Canada or abroad

The Guidelines for Finalising Refused Cases

When it comes to finalising refused cases, the visa office would need to:

• Inform the Case Processing Centre (CPC) of the negative results for the accompanying and non-accompanying family members
• Inform the Case Processing Centre (CPC) in case certain family members have not undergone examination within the specified span of time or if the authorities could not locate these family members – refer to the section titled ‘The Guidelines for Contacting the Family Members’ that appears earlier in this document – and,
• Shows the final disposition of its LC 2 file as ‘refused’ for accompanying family members and as ‘withdrawn’ for non-accompanying family members

The Case Processing Centre (CPC), on its part, would need to:

• Inform the applicant about the status of their case
  • In some cases, the Case Processing Centre (CPC) could provide the applicant with additional time for sending a response and,
• Refuse the case
  • In this scenario, the refusal letter sent to the live-in caregiver applicant will state that the authorities have refused both the applicant and all family members

It is worth mentioning that applicants who still have valid status, will receive the necessary information in writing. Such letters would typically state that the authorities will not extend the status and work permit for these applicants. As such, these individuals would need to leave Canada.

Situations could arise where the basis for refusal rests on the fact that the applicant’s spouse or common-law partner or dependent children did not undergo the prescribed medical and background checks. In this scenario, the Case Processing Centre (CPC) would need to verify the application and ensure that:

• The applicant’s spouse, common-law partner or dependent children remained subject to the examination i.e. these individuals were not a separated spouse or child in the custody of the other parent and,
• The visa office did indeed inform the applicant that the family member’s lack of cooperation in undergoing the prescribed medical and background checks could lead to the refusal of the live-in caregiver’s application for permanent residence in Canada (refer to the section titled ‘The Guidelines for Contacting the Family Members’ that appears earlier in this document)
  • In this scenario, the Case Processing Centre (CPC) has the ability to verify that the officers sent reminder letters by reviewing the case notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS)

Note:

• It is worth highlighting that the visa office does not bear the responsibility for informing family members of the final disposition of the case
• In some cases, the authorities might well find a family member to be inadmissible
• In this scenario, the authorities would not grant permanent resident status to the principal applicant and the family members
• Procedural fairness requires that the applicant be aware of factors that might contribute to a negative decision
• As such, the officers would need to give the applicant sufficient time and the opportunity for providing a suitable response

The Guidelines for Ineligible Family Members

The visa office bears the responsibility for determining whether any listed relatives do not meet the definition of ‘family members’ according to the prescribed regulations. The visa office will also need to determine whether the listed relatives are indeed family members but are not subject to examination. This would typically be the situation in cases of separated spouses or former common-law partners. To accomplish this, the officers would need to:

• Inform the Case Processing Centre (CPC) of their findings
• Instruct the ineligible or separated family members to ignore any previous requests from the visa office to undergo examinations or provide documentation and,
• Close the LC2 file by showing it as ‘withdrawn’ and entering notes in the Computer Assisted Immigration Processing System (CAIPS) or the Global Case Management System (GCMS) stating the reason as to why the authorities found the family member to be ineligible or not subject to examination

On their part, the Case Processing Centre (CPC) would need to:

• Notify the live-in caregiver applicant that the ineligible or separated family member cannot be part of the application and,
• Finalise the processing of the application minus the ineligible individuals

It is not necessary for applicants to delete ineligible family members from the application. In fact, the applicants simply need to receive an opportunity for providing additional evidence that the ineligible family members are indeed eligible from the authorities.

Note:

• The visa office would need to inform the Case Processing Centre (CPC) that a family member is ineligible
• Thereafter, the Case Processing Centre (CPC) would need to contact the applicant, explain the situation and give the applicant an opportunity for either providing additional information within a specified pre-determined time or apply for a refund of the right of permanent residence fee in case the applicant paid the fee for the ineligible family member
• The applicant will not be able to sponsor a separated spouse, former common-law partner or a child in the custody of another person whom the authorities did not examine as a member of the family class
• This is because these individuals typically remain excluded from the family class
• This is in accordance with the provisions specified in R117 (9) (d)

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 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).

Employment and Social Development Canada (ESDC) or Service Canada have the requisite mandates for assessing the impact that the hiring of temporary foreign workers is likely to have on the Canadian labour market. This is in accordance to the provisions specified in R203.

There might be many situations where prospective employers in Canada are interested in hiring live-in caregivers. These employers would first need to contact their local Employment and Social Development Canada (ESDC) or Service Canada Centre and apply for Labour Market Opinions (LMOs). A Labour Market Opinion (LMO) typically assess the likely impact (if any) on Canada’s labour market of hiring a foreign worker. The foreign caregiver’s work permit application would need to include proof that the prospective employer received a positive or a neutral Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC) or Service Canada.

Thereafter, all prospective employers would need to complete the Foreign Live-in Caregiver Application. They would be able to find this on the website of Employment and Social Development Canada (ESDC). Following this, they would need to apply online or submit their paper applications to:

Service Canada

Temporary Foreign Worker Program

P.O. Box 6500

Toronto LCD

Downsview A

Toronto, ON M3M 3K4

Fax: 416-954-3107

Toll free: 1-866-720-6094

It is worth mentioning that the website of Employment and Social Development Canada (ESDC) also contains a detailed description of:

• The conditions that prospective employers would need to meet prior to hiring foreign live-in caregivers
• The instructions on the manner in which the prospective employers would need to complete the Labour Market Opinion (LMO) application and,
• A description of Employment and Social Development Canada (ESDC) or Service Canada’s assessment criteria and process

Officers from Employment and Social Development Canada (ESDC) or Service Canada would thereafter, review the completed Labour Market Opinion (LMO) application. This Labour Market Opinion (LMO) application, will typically include a copy of the employment contract as well. While assessing the offer of employment, these officers would need to consider various factors such as:

• The need for live-in care
• The authenticity of the job offer
• Whether the employer is offering wages and working conditions that comply with provincial or territorial employment standards and labour laws
• Whether the job duties are that of a full-time live-in caregiver i.e. a minimum of 30 hours per week and,
• Whether the employer has carried out a reasonable search for identifying qualified and available Canadian citizens and / or permanent residents and unemployed foreign caregivers already in Canada

The authorities require the officers to be thoroughly satisfied that the offer of employment meets the assessment criteria. Once this is the case, the officer of Employment and Social Development Canada (ESDC) or Service Canada would need to issue a letter confirming the positive or neutral Labour Market Opinion (LMO) to the prospective employer. Then, the officers would need to notify the employer to send a copy to the prospective live-in caregiver employee.

The authorities would record all the details of the positive or neutral Labour Market Opinion (LMO) in the Employment and Social Development Canada (ESDC) Foreign Worker System (FWS). This will be available to officers from Citizenship and Immigration Canada (CIC) via the Foreign Worker System (FWS) Computer Assisted Immigration Processing System (CAIPS) or Foreign Worker System (FWS) Global Case Management System (GCMS) link.

The authorities require that anyone who employs live-in caregivers under the Live-in Caregiver Program (LCP) would need to:

• Register themselves as employers with the Canada Revenue Agency (CRA)
• Obtain taxation numbers in order to make the appropriate deductions for income tax, Employment Insurance (EI) and the Canada Pension Plan
• Remit these deduction amounts to the appropriate federal authority and,
• Provide their employees with a Record of Employment (ROE) when the employee completes the desired job

Note:

• The Canada Revenue Agency (CRA) would need to provide employers with information kits
• These information kits would typically contain the necessary forms and explain the manner by which the employers would be able to comply with the law
• It is worth highlighting that employers would only be able to obtain Record of Employment (ROEs) once they have registered themselves properly as employers
• Employment and Social Development Canada (ESDC) or Service Canada only issues one positive or neutral Labour Market Opinion (LMO) regarding an offer of employment to an employer at a time
• In addition, employers would need to submit this positive or neutral Labour Market Opinion (LMO) to Citizenship and Immigration Canada (CIC) for supporting a work permit application within a maximum of six months from its issue date – more details on this follow
• Situations could arise where Employment and Social Development Canada (ESDC) or Service Canada rejects the Labour Market Opinion (LMO) application
• In this scenario, the officer of Employment and Social Development Canada (ESDC) or Service Canada would need to issue a refusal letter to the prospective employer

When Do Employers Typically Require a New Labour Market Opinion (LMO)?

At the outset, it is worth mentioning that a positive or neutral Labour Market Opinion (LMO) for an offer of employment is specific to the approved employer and job duties. As such, a change of employer would necessitate a new:

• Positive or neutral Labour Market Opinion (LMO)
• Employment contract and,
• Work permit application

Therefore, officers would need to treat the new Labour Market Opinion (LMO) as a new application in the queue. This means that the employer would need to pay the relevant cost recovery fees as well.

The authorities have introduced this measure to deter abuse by certain employment agencies who could try to use a list of fictitious employers in order to bring a pool of live-in caregivers to Canada. Once they enter Canada, these caregivers would find themselves in situations where they have entered into contractual agreements with employers who do not exist or for whom they will not work. In short, these caregivers will be in Canada illegally. Thus, they will be vulnerable to exploitation by the employment agencies that brought them into Canada.

Employers will need to request for new positive or neutral Labour Market Opinions (LMOs) if they did not use the existing positive or neutral Labour Market Opinions (LMOs) within six months of its issuance.

What is the Expiry Date of a Labour Market Opinion (LMO)?

When Employment and Social Development Canada (ESDC) or Service Canada issues a Labour Market Opinion to employers, these Labour Market Opinions (LMOs) will typically be valid for the purpose of work permit applications for a maximum of six months from the date of issuance. Situations could arise where the employers do not submit their Labour Market Opinions (LMOs) to Citizenship and Immigration Canada (CIC) for supporting work permit applications within this six month period. Such Labour Market Opinions (LMOs) will expire once the six month period concludes. In this scenario, the employers would need to apply for new Labour Market Opinions (LMOs) in case they still desire to hire live-in caregivers under the Live-in Caregiver Program (LCP).

It is worth highlighting that the Labour Market Opinion (LMO) expiry date serves to identify the six month period during which:

• The employer will need to notify the caregiver about the approval of the Labour Market Opinion (LMO)
• The employer will need to send the Labour Market Opinion (LMO) confirmation letter to the prospective live-in caregiver and,
• The prospective live-in caregiver would need to apply for a work permit to Citizenship and Immigration Canada (CIC) – this is regardless of the date of commencement of the job offer

In some cases, none of these activities might take place within the period of time identified. When such a situation occurs, the Labour Market Opinion (LMO) will no longer be valid. As such, the employers would need to apply for new Labour Market Opinions (LMOs) in case they still desire to hire live-in caregivers under the Live-in Caregiver Program (LCP). Thus, they will need to submit new Labour Market Opinion (LMO) applications to Employment and Social Development Canada (ESDC) or Service Canada.

The Guidelines for Live-in Caregivers Destined for Quebec

The Ministère de l’Immigration et des Communautés culturelles (MICC) and Employment and Social Development Canada (ESDC) or Service Canada have their own administrative requirements. Because of this, a Labour Market Opinion (LMO) for a live-in caregiver in the province of Quebec is valid for three months after the authorities in Quebec issued the Certificats d’acceptation du Québec (CAQ). It is worth highlighting that this directive is applicable regardless of the expiry date that appears on the Labour Market Opinion (LMO).

Note:

• The purpose of the six month validity period for the Labour Market Opinion (LMO) is to strengthen the integrity of the Labour Market Opinions (LMOs)
• The authorities achieve this objective by ensuring that Citizenship and Immigration Canada (CIC) has a reasonably accurate assessment of labour market conditions when they evaluate applications for work permits under the Live-in Caregiver Program (LCP)

The Labour Market Opinion (LMO) Validity and the Work Permit Validity Dates

In some cases, readers might require further details on the validity of the Labour Market Opinion (LMO) and the duration of employment according to the Labour Market Opinion (LMO). For this, they would need to go through section 6 of the FW 1 – The Temporary Foreign Worker Guidelines chapter.

The Places for the Processing of the Initial Work Permit Applications

For participating in the Live-in Caregiver Program (LCP), foreign nationals would need to make applications for initial live-in caregiver work permits at Canadian visa offices abroad. The Canadian visa offices abroad would then review the applications under the Live-in Caregiver Program (LCP) for completeness. This is in accordance with the provisions specified in R10.

The Eligibility Criteria (Based on the Provisions Specified in R112)

Many applicants would be keen to enter Canada as live-in caregivers. In addition, some of them might want to apply for work permits under the Live-in Caregiver Program (LCP). To accomplish this, they would need to meet the requirements specified in R112. This is regardless of whether they intend to eventually seek permanent residence in Canada or not. It is worth mentioning that the provisions specified in R200 (3) (d) require such individuals to meet the eligibility requirements specified in R112.

Officers would need to ensure that they do not issue work permits under the Live-in Caregiver Program (LCP) to people who will be working in nanny-like jobs under the International Exchange Canada programs. As such, the officers would need to assess applicants based on the criteria specified in the specific program for which the applicants are applying.

It is worth mentioning that applicants under the International Exchange Canada programs are not eligible for applying for permanent residence in Canada. As such, the authorities would not be able to extend their work permits beyond the prescribed period. This is because these individuals are not live-in caregivers under the Live-in Caregiver Program (LCP). For more details on this, readers would need to go through FW 1 – The Temporary Foreign Worker Guidelines.

The Educational Requirement (Based on the Provisions Specified in R112 (b))

The authorities are cognisant of the fact that educational institutions typically require the existence of a building or buildings that remain devoted to formal education, training and development. Because of this, the authorities require that applicants under the Live-in Caregiver Program (LCP) successfully complete a course of study that is equivalent to the successful completion of Canadian secondary school.

However, the authorities are aware that there is a variation in school systems across countries. Therefore, applicants would not be able to meet this requirement by simply counting the years of schooling until they reach the number 12. In contrast, the authorities require equivalency in terms of achievement as being more important. For instance, in the Philippines, 72 credits of post-secondary education is equivalent to the successful completion of Canadian secondary school. As such, fewer than 72 credits will not be equivalent to the successful completion of Canadian secondary school.

This is why the officers would need to be completely satisfied about the validity of the diplomas or certificates that the applicants have submitted. In case applicants do not submit sufficient proof, the officers have the authority to refuse work permits. In particular, the officers would need to be confident that the applicant completed the testing for the equivalency of the successful completion of Canadian secondary school.

The Training or Work Experience Requirement (Based on the Provisions Specified in R112 (c))

The authorities require applicants under the Live-in Caregiver Program (LCP) to have completed at least:

• Six months of full-time training in a classroom setting in a field or occupation related to the employment for which the applicant is seeking the work permit or,
• One year of full-time paid employment, which would need to include at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which the applicants submit applications for work permits

It is worth highlighting that prospective live-in caregivers would need to meet either the training or the work experience requirement. Only then, would the authorities consider them eligible for work permits under the Live-in Caregiver Program (LCP).

The Training Requirement

The authorities require applicants to receive training that the institution offers as part of a formal education program at an educational institution accredited by the appropriate local education authorities. However, it is worth mentioning that accreditation alone is not necessarily an endorsement of quality.

Officers would need to assess the quality of the program. In addition, they would also need to check whether the program is adequate in equipping the applicants to perform the duties that the proposed job typically requires. Some institutions establish caregiver training programs primarily to provide training for meeting Canadian requirements. This is especially so at non-accredited institutions. In this scenario, the officers would need to determine the legitimacy of these programs in addition to assessing the adequacy of the training.

Moreover, the authorities require applicants to take full-time training for a continuous period of at least six months. This training would need to be in a field or an occupation related to the employment that the applicant is seeking. For instance, prospective live-in caregivers would need to have training or experience in early childhood education, geriatric care, paediatric or geriatric nursing.

In addition, the officers would need to remember that live-in caregiver training will need to be similar to the training that Canadian community colleges typically offer in child care or other related fields. The course load at Canadian community colleges typically averages 25 to 30 hours per week. This does not include activity assignments or a practicum. Therefore, a student in an educational institution that offers live-in caregiver training would need to attend classes for at least 25 – 30 hours per week.

The authorities find it acceptable to have some on-the-job training throughout the course. But, this is acceptable only as long as the classroom schedule demonstrates that there is a requirement for, and completion of, a full six months of full-time training in a classroom setting throughout that course.

It is worth highlighting that Citizenship and Immigration Canada (CIC) does not specify a detailed list of courses. This is because Citizenship and Immigration Canada (CIC) is not an education regulating body. However, visa offices have the ability to assess the legitimacy, quality, adequacy and relevance of the training programs offered in their region. In addition, visa offices can assess whether the hours of classroom training are sufficient.

In some cases, officers could undertake research concerning the legitimacy of a given training program and / or an educational institution. This also includes undertaking research pertaining to the legitimacy of a given training program even if the institution is located in another country. In such cases, the officers would need request assistance from the visa office where the educational institution is situated. This would be useful for verifying the legitimacy of the institution and the substance of the training.

It is worth mentioning that the authorities do not consider certain courses of study as meeting the full-time training requirement specified. This includes:

• Correspondence courses
• Part-time studies and,
• Training taken on weekends

In addition, the authorities require applicants to successfully complete the six months of full-time training prior to the date on which they apply for work permits under the provisions specified in the Live-in Caregiver Program (LCP).

The Work Experience Requirement

The authorities require applicants to possess work experience in a field or occupation that is related to the field in which they are seeking employment. For instance, prospective live-in caregivers might have experience in fields such as:

• Early childhood education
• Geriatric care
• Paediatric nursing or,
• Geriatric nursing

In this scenario, the authorities would need to consider an applicant’s caregiving experience in an institutional setting when they assess whether the applicants meets the prescribed experience requirement. Applicants might have caregiving experience in institutions such as:

• Day care facilities
• Crèches
• Hospitals or,
• Senior citizens’ homes

The authorities do not consider experience as a midwife or hospital technician as being acceptable. This is primarily because such people do not have caregiving experience related to children, the elderly or people with disabilities.

Similarly, some applicants might have caregiving experience in their own homes. However, this would not normally qualify them for applying under the Live-in Caregiver Program (LCP). This is because the authorities require applicants under the Live-in Caregiver Program (LCP) to have the relevant experience in a paid employment situation. But, it is possible that some legitimate situations might take place where the applicant finds employment as a live-in caregiver with a relative. However, the onus of satisfying the officers that the applicants actually received payments for the work they performed and that their experience was an employment related one rests entirely on the applicants.

Prospective live-in caregivers would need to demonstrate that they have completed at least one year of full-time paid employment related to the job duties of a caregiver. This is essential when they go about claiming work experience. This work experience must have taken place within the three years immediately prior to the date that the applicant submits the application for a work permit under the Live-in Caregiver Program (LCP). This work experience would need to include at least six months of continuous employment with the same employer.

Note:

• The onus rests entirely on the applicant for satisfying the officer that the applicant’s training or experience complies with the requirements prescribed in R112 (c)
• It is worth mentioning that the authorities have moved this content as part of their efforts to modernise operational guidance to their staff
  • As such, readers will now be able to view this information in the section titled ‘The Language Requirements’

The Language Ability – (Based on the Provisions Specified in R112 (d))

The Mandatory Employment Contract – (Based on the Provisions Specified in R112 (e))

Consider a situation where a prospective employer in Canada is interested in hiring a foreign live-in caregiver. To accomplish this, the employer would need to obtain the approval of the job offer from Employment and Social Development Canada (ESDC) or Service Canada (Service Canada). In addition, the employer would need to obtain a positive or neutral Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC) or Service Canada (Service Canada) as well.

It is worth highlighting that, in the view of the authorities, the employer is responsible for ensuring that the employer has a signed, written employment contract with the prospective live-in caregiver. By law, the terms and conditions of the employment contract will need to be consistent with the provincial or territorial employment standards and labour laws. This is because the signed employment contract and the employer’s positive or neutral Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC) or Service Canada (Service Canada) will be part of the documentation that the prospective live-in caregiver would need to send to the visa office. Ideally, the prospective live-in caregiver would need to send these documents along with their work permit applications under the Live-in Caregiver Program (LCP).

Note:

• The employment contract typically denotes a tool that officers tend to use in their assessment of the application
• It also provides officers with information that they could use in an interview
• It is worth mentioning that an employment contract is also a legislated requirement

The Employment Contract Requirements

The authorities have prescribed some employment contract requirements. These requirements specify that:

• The contract must include a description of all mandatory employer paid benefits such as:
  • The transportation to Canada from the employee’s country of permanent residence or the country of habitual residence to the location of work in Canada
  • The medical insurance coverage provided from the date of the employee’s anticipated date of arrival until the time that the employees become eligible for the provincial or territorial health insurance
  • The workplace safety insurance coverage (which should last for the duration of the employment) and,
  • All recruitment fees (this would also include any amount payable to third party recruiters or agents that the employer hires that the employer would have needed to bear the expenses of otherwise)
• The contract must include a description of:
  • The job duties that clearly highlight that the employee’s primary duty will comprise live-in caregiving
  • The hours of work
  • The wages
  • The accommodation arrangements (this would include – wherever applicable – room and boarding expenses)
  • The holiday and sick leave entitlements and,
  • The termination and resignation terms
• All terms and conditions that the contract outlines will need to abide by the provincial or territorial employment standards and labour laws
• The live-in caregiver position that the employer is offering will be full-time in nature i.e. with a minimum of 30 hours per week
• The employer has sufficient income for paying the wages and benefits of a live-in caregiver
  • As such, Employment and Social Development Canada (ESDC) or Service Canada will need to advise employers of the current acceptable wages that the employer needs to pay, based on the equivalent wages for Canadian live-in caregivers
• The employer is residing in Canada and,
• The employer will be supplying suitable accommodation for the live-in caregiver in a private residence in Canada, such as a private unit or a room with a lock, where the live-in caregiver will provide child care, senior home support care or care for a disabled person

Note:

• It is worth mentioning that the authorities have provided a sample template of a Live-in Caregiver Program (LCP) employment contract on the website of Citizenship and Immigration Canada (CIC)
• The authorities urge employers and live-in caregivers to use this contract template (although live-in caregivers and employers are not obligated to use this contract template)
• With effect from April 01, 2010, the authorities require that all employment contracts that the employer submits as part of the employer Labour Market Opinion (LMO) applications under the Live-in Caregiver Program (LCP), along with all work permit applications based on these Labour Market Opinions (LMOs) that Citizenship and Immigration Canada (CIC) receives, must contain all the information and clauses within the Live-in Caregiver Program (LCP) employment contract template
• In addition, the employer will need to ensure that any additional provisions do not conflict with the applicable provincial or territorial labour laws and employment standards
• It is worth mentioning that the use of alternate contract formats could delay the processing of the Labour Market Opinion (LMO) application
• This is because Employment and Social Development Canada (ESDC) or Service Canada officers will need to do a thorough comparative assessment for determining whether the contract complies with the prescribed Live-in Caregiver Program (LCP) requirements
• 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 authorities typically consider housework, cleaning or other similar domestic duties (including food preparation) as permissible, as long as these activities form a small part of the overall job duties specified in the employment contract when clearly related to the duties of caring for the individual
• However, it is worth highlighting that such domestic duties must not be the primary duties of a prospective live-in caregiver

The Guidelines for Employment by Diplomatic Personnel

The authorities permit diplomatic personnel to have their live-in caregivers enter and remain in Canada under the Live-in Caregiver Program (LCP). However, they require that the individual would need to be eligible under the provisions specified in R112 for becoming a live-in caregiver. In addition, they require that the individual obtain a work permit under the Live-in Caregiver Program (LCP). Once the live-in caregiver meets the requirements prescribed in R113, the caregiver would be able to apply for permanent residence. In this scenario, the authorities would not consider the individual caregiver to be a member of the diplomat’s personal suite. For more details, readers would need to go through section 5.3 of the FW 1 – the Temporary Foreign Worker Guidelines.

Note:

• The authorities do not consider domestic staff who enter Canada as accredited members of a diplomat’s suite as live-in caregivers under the Live-in Caregiver Program (LCP)
• As such, these individuals are not eligible for permanent residence

The Validity Period of Initial Live-in Caregiver Program (LCP) Work Permits

The general policy is for visa officers to issue initial Live-in Caregiver Program (LCP) work permits that have a validity of up to four years plus three months. This is applicable as long as Employment and Social Development Canada (ESDC) or Service Canada have approved the Labour Market Opinion (LMO) for the same duration. This general policy helps in minimising subsequent in-Canada applications for work permit extensions.

It is worth mentioning that the four-year period corresponds to the amount of time allotted to live-in caregivers for completing the employment requirements of the Live-in Caregiver Program (LCP). This enables live-in caregivers to become eligible for applying for permanent residence. The additional three months are useful for giving such individuals a transition period for applying for permanent residence under the Live-in Caregiver Program (LCP).

Quebec regulations permit the officers to issue Certificats d’acceptation du Québec (CAQ) for the applicants destined for Quebec. However, these applicants would need to have National Occupational Classification (NOC) skill levels of less than B – this applies to live-in caregivers as well. Therefore, officers would be able to issue Certificats d’acceptation du Québec (CAQ) to live-in caregivers, which have a maximum validity span of 48 months. As such, the officers would be able to issue Live-in Caregiver Program (LCP) work permits of up to four years to live-in caregivers destined for Quebec. However, they would only do so if the authorities at Ministère de l’Immigration et des Communautés culturelles (MICC) have approved the Certificats d’acceptation du Québec (CAQ) for the same duration.

In addition, the decision on the validity period of the initial Live-in Caregiver Program (LCP) work permits remain that of the reviewing officer. As such, the reviewing officers are free to depart from the general policy where circumstances warrant such as passport validity, Labour Market Opinion (LMO) validity, Certificats d’acceptation du Québec (CAQ) validity etc.

The Guidelines for Family Members Who Wish to Accompany a Live-in Caregiver on Live-in Caregiver Program (LCP) Work Permits

It is worth mentioning that family members do not usually accompany live-in caregivers who are coming to Canada on Live-in Caregiver Program (LCP) work permits. In some cases, the employers might agree that family members could reside with the caregivers in the residence of the persons for whom the caregivers are providing care. But, there are no guarantees that any subsequent employer would agree to the same terms. In addition, it is worth remembering that the income of the caregivers might not be sufficient for caring for and supporting their family members in Canada.

As such, the authorities do not permit live-in caregivers to bring their family members with them while the live-in caregivers are on work permits under the Live-in Caregiver Program (LCP). However, the authorities might permit live-in caregivers to bring their family members with them while the live-in caregivers are on work permits under the Live-in Caregiver Program (LCP) if the live-in caregivers can satisfy the officers that:

• The live-in caregivers have sufficient funds to care for and support their family members in Canada
• The family members coming to Canada are not otherwise inadmissible and,
• The live-in caregivers have obtained permission from their employers for their family members to live in the home of the persons for whom the live-in caregivers will be providing care

The Guidelines for Family Members of Live-in Caregivers Who Have Applied for Permanent Residence

The authorities permit live-in caregivers who enter Canada under the Live-in Caregiver Program (LCP) to apply for permanent residence. For this, the live-in caregivers would need to 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 after their entry into Canada under the Live-in Caregiver Program (LCP). In order to qualify for applying for permanent residence under the Live-in Caregiver Program (LCP), these individuals would need to meet the requirements prescribed in R113.

The live-in caregivers who have applied for permanent residence would need to declare and include all their family members in their application for permanent residence. As such, all family members would need to undergo the relevant examinations. This is regardless of whether they accompany the principal applicant. Therefore, all eligible family members would need to undergo and clear the medical, criminal and security checks. It is worth mentioning that live-in caregivers would not be able to become permanent residents if any of their eligible family members are inadmissible.

In normal circumstances, an inadmissible family member would typically render the live-in caregiver principal applicant and all family members inadmissible. This is regardless of whether they accompany the principal applicant. Readers could come across this rule when they go through R23. However, R23 also contains two exceptions to this rule. These comprise:

• A separated spouse or common-law partner and,
• A child who is in the legal custody of someone other than the applicant, or someone other than the applicant who is empowered to act on behalf of that child by virtue of:
  • A court order
  • A written agreement or,
  • By operation of law

In some cases, it could happen that an applicant’s separated spouse or common-law partner or their children in the custody of someone else are inadmissible. In this scenario, the inadmissibility of the applicant’s separated spouse or common-law partner or their children in the custody of someone else will not render the applicant inadmissible.

Situations could arise where separated spouses or common-law partners could reconcile. Similarly, custody arrangements for children could undergo some changes. In this scenario, it is worthwhile to safeguard the future right to sponsor such individuals in the family class. This is why the authorities stress on examining these individuals. In case the authorities decide not to examine these people, the principal applicant would not be able to sponsor them in the family class in the future under the provisions specified in R117 (9) (d).

The authorities would typically require the applicants to submit satisfactory documentary proof of separation and of custody being with someone other than the applicant. Such acceptable proof would typically include separation agreements or custody papers.

The officers would not issue permanent resident visas to separated spouses or children in the custody of someone else if they are non-accompanying family members. This is regardless of whether the officers examine these individuals.

In some cases, the officers might find that these family members are genuinely unavailable. Or, they might find that these family members are not willing to undergo an examination. In this scenario, the officers would need to clearly explain to the applicant the consequences of these individuals not undergoing the prescribed examination. Thereafter, the officers would need to document this in the Global Case Management System (GCMS) notes and the Computer Assisted Immigration Processing System (CAIPS) notes. In addition, the officers would need to counsel the applicants to sign and return statutory declarations that demonstrate the family members’ acknowledgement about the consequences of refusing to undergo the prescribed examination. Alternatively, the officers would need to counsel the applicants to sign and return statutory declarations that demonstrate the family members’ intimation to the Case Processing Centre and the visa office that they want the officers to examine the child in order to preserve future sponsorship privileges.

Some live-in caregivers who apply for permanent residence might request concurrent processing for some or all of their family members residing in or outside Canada. In this scenario, the officers might process some family members concurrently. Thereafter, the officers would issue permanent resident visas to the family members process concurrently. However, the officers would only do this once the live-in caregiver becomes a permanent resident.

For more details, readers would need to go through section 5.12 of the OP 2 – Processing Members of the Family Class chapter. In addition, they would need to go through IP 4 – Processing Live-in Caregivers in Canada chapter.

Note:

• The authorities permit live-in caregivers to sponsor family members whom the officers do not process concurrently as members of the family class
• However, this can only take place once the live-in caregivers have become permanent residents

The Guidelines for Responding to Representations

The authorities require officers to release information pertaining to clients only to the applicant or the applicant authorised paid or unpaid representative. For more details on this, officers would need to go through section 5.4 of the IP 9 – The Use of Representatives Paid or Unpaid chapter.

Prior to responding to any representation, the officers would need to ensure that the clients or their representatives verify their identities. This is applicable regardless of whether the person makes the representation in person or via mail.

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 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 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.

• The Departmental Policy

The Definitions

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

• The Procedure for Selecting Live-in Caregivers

• The Procedure for Processing Permanent Residence Applications for Family Members Abroad

• Appendix A – Sample Letters

• Appendix B – The Fact Sheet on Employment Standards Legislation

• Appendix C – The Provincial and Territorial Employment Standards

• Appendix D – The Counselling Fact Sheet