Live-in Caregiver Program Issuance or Renewal of Work Permits in Canadaa

Last Updated on August 29, 2016

The Issuance or Renewal of Work Permits in Canada

The authorities typically issue work permits so that they match the duration of the job offer. The work permits must also match:

• The Labour Market Opinion (LMO) issued by Employment and Social Development Canada (ESDC) / Service Canada and,
• The Certificat d’acceptation du Quebec (CAQ) issued by the Ministère de l’Immigration et des Communautés Culturelles (MICC) for live-in caregivers in Quebec

This is applicable unless there are other factors that restrict the duration for which the authorities would issue the work permit, such as passport validity. In many cases, the officer assessing the application possesses discretionary power concerning the validity period of the Live-in Caregiver Program (LCP) work permits. As such, the officers have the ability to set aside the general issuance policy where, in their opinion, the circumstances warrant this practice.

It is worth highlighting that the total duration of all Live-in Caregiver Program (LCP) work permits (when added together) must not exceed four years and three months. The four-year period provides live-in caregivers with ample time for meeting the employment requirements of the Live-in Caregiver Program (LCP). At the same time, it provides ample flexibility to these individuals to compensate for periods of:

• Unemployment
• Illness
• Vacation or,
• Maternity leave

In particular, the additional three months enables these caregivers to enjoy a transition period, during which they could apply for permanent residence.

Live-in caregivers would need to apply to the Case Processing Centre in Vegreville, Alberta (CPC-V) for renewing their work permits as required, before it expires. This would help in ensuring that their temporary status as a worker continues under the same conditions until:

• The authorities process their applications and,
• The authorities notify them of their decision i.e. the implied status

Live-in caregivers have the ability to change employers if needed. However, they would need to obtain a new work permit, with a validated job offer. This could be in the form of a positive or neutral Labour Market Opinion (LMO)) from Employment and Social Development Canada (ESDC) or Service Canada, a new employment contract and a Certificat d’acceptation du Quebec (CAQ) [if applicable]. But, these individuals would need to provide these documents before they work for the new employer. Employment and Social Development Canada (ESDC) or Service Canada and the Ministère de l’Immigration et des Communautés Culturelles (MICC) jointly assess and render decisions on Labour Market Opinions (LMO) applications for live-in caregivers in Quebec.

In some cases, the live-in caregiver might continue working for the same employer. In this scenario, the individual would not need to provide a new Labour Market Opinion (LM). However, the live-in caregivers will need to provide Certificat d’acceptation du Quebec (CAQ). In addition, letters from the employer stating that the live-in caregivers would continue working for the said employer on a full-time basis would be sufficient for satisfying the authorities. In some cases, the employer and the caregiver can also sign a new or extended employment contract.

In some situations, the live-in caregiver’s employer might move to a new province or territory. In this scenario, the caregiver would need to obtain a new work permit and a validated job offer in the form of a positive or neutral Labour Market Opinion (LMO)) from Employment and Social Development Canada (ESDC) or Service Canada, a new employment contract and a Certificat d’acceptation du Quebec (CAQ) [if applicable]. But, these individuals would need to provide these documents before they work for the new employer in the new location.

Situations could arise where the live-in caregiver’s employers divorce. In addition, it is possible that the names of both the employers are on the work permit. In this scenario, the caregiver does not need to obtain a new work permit. The caregiver would simply need to send a letter to the Case Processing Centre in Vegreville, Alberta (CPC-V) for advising it of this change.

However, the caregiver would need to obtain a new work permit if the existing work permit only lists one employer’s name and:

• If one of the employers divorces or,
• If one of the employers dies

In this situation, the employer not listed on the work permit would require a new Labour Market Opinion (LMO) or Certificat d’acceptation du Quebec (CAQ) [if applicable]. Only after obtaining these will the caregiver be able to work for that specific employer.

It is worth mentioning that live-in caregivers would need to continue meeting the requirements of the Live-in Caregiver Program (LCP). Only then would they be eligible for securing new work permits or work permit extensions under the provisions specified in the Live-in Caregiver Program (LCP).

Live-in caregivers cannot accept any other type of employment without having valid work permits. The authorities will not count any time that the live-in caregiver works outside the home of the employer under the Live-in Caregiver Program (LCP) on a non- Live-in Caregiver Program (LCP) work permit towards the period of employment a caregiver requires to become eligible for permanent residence as a live-in caregiver.

Situations could arise where some live-in caregivers apply for non- Live-in Caregiver Program (LCP) work permits because they work elsewhere (e.g. a restaurant) on a part-time basis. In this scenario, the officers would need to assess the applications for non- Live-in Caregiver Program (LCP) work permits from live-in caregivers who hold valid Live-in Caregiver Program (LCP) work permits on a case by case basis. They would need to assess these applications in the context of whether they are satisfied that the live-out employment would not compromise the caregiver’s ability to continue meeting the caregiver’s full-time responsibilities as specified in the caregiver’s Live-in Caregiver Program (LCP) employment contract.

Live-in caregivers can only work under the Live-in Caregiver Program (LCP) for the employers named on their work permits. Similarly, they cannot work in a caregiving capacity for any other employer other than the one specified on their Live-in Caregiver Program (LCP) work permit at any one time. Caregivers found infringing on this provisions run the risk of losing their status in Canada. As such, the authorities could even disqualify them from the program.

Note:

• Officers would need to check that the total duration of all work permits, when added together, does not exceed four years for live-in caregivers in Quebec
• This is because the maximum period for which the Ministère de l’Immigration et des Communautés Culturelles (MICC) issues the Certificat d’acceptation du Quebec (CAQ) for live-in caregivers is four years

Source: Citizenship and Immigration