Permanent Residence Applications from Live-in Caregivers – Assessing Eligibility to Become a Member of the Live-in Caregiver Class

Last Updated on December 10, 2016

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The Selection Criteria

The processing officers at the Case Processing Centre in Vegreville (CPC-V) would need to assess the applicants. For this, they would need to appraise the applicants vis-à-vis the selection criteria that follows. The applicants will typically provide all the required information and documents in their application. Based on the information provided, the processing officers at the Case Processing Centre in Vegreville (CPC-V) would need to assess the applicants.

Prior to approving the applications, the processing officers would need to determine whether the applicants meet the following requirements. Thus, they would need to check whether the applicants:

• Have submitted applications for remaining in Canada as permanent residents

• Are temporary residents

• Hold valid work permits as live-in caregivers or open work permits if they have completed the required work experience

• Have entered Canada as live-in caregivers and have submitted acceptable proof of having worked on a full-time basis as live-in caregivers for a total of 24 months or a total of 3,900 hours in a minimum of 22 months within the four years immediately following their entry into Canada under the Live-in Caregiver Program (LCP)

  • It is worth highlighting that this could include a maximum of 390 hours of overtime

• Have work permits associated with their initial entries as live-in caregivers under the Live-in Caregiver Program (LCP) based on Labour Market Impact Assessments (LMIAs) that their employers requested from Employment and Social Development Canada (ESDC) / Service Canada on or prior to November 30, 2014

• Have resided in private households in Canada while working as live-in caregivers

• Have provided child care, senior home support care or care of a disabled person in households without any supervision

• Are not (including their family members) the subject of any of the following:

  • A subsection A44 (1) report

  • An enforceable removal order

  • An admissibility hearing under the Immigration and Refugee Protection Act (IRPA)

  • Outstanding criminal charges or,

  • Appeals or applications for judicial review

• Did not enter Canada as live-in caregivers as a result of misrepresentation of their education, training or experience

  • It is worth mentioning that this includes misrepresentation by another person as well

• Have Quebec Selection Certificates (QSCs) if they intend to reside in the Province of Quebec

The Live-in and Live-Out Considerations

It is worth highlighting that some caregivers might be working on a live-out basis. The authorities do not consider such caregivers to be a part of the Live-in Caregiver Program (LCP). This is regardless of the fact that some of these caregivers might have received previous work permits that the authorities issued under the Live-in Caregiver Program (LCP). As such, these caregivers will not be eligible for applying for permanent residence under the provisions of the Live-in Caregiver Program (LCP).

Similarly, situations could arise where some caregivers enter Canada as part of the Live-in Caregiver Program (LCP). Thereafter, they subsequently choose to live outside their employer’s home. These individuals are eligible for re-entering the Live-in Caregiver Program (LCP). For this, they would need to return to work as live-in caregivers. But, it is worth mentioning that this return to work as live-in caregivers would need to take place within the qualifying period for permanent residence application purposes.

The Acceptable Evidence of Full-time Employment as a Live-in Caregiver

The authorities require applicants to show that the applicants have worked full time as live-in caregivers for a total of 24 months. Alternatively, the applicants would need to demonstrate that they have worked full time as live-in caregivers for a total of 3,900 hours in a minimum of 22 months. In addition, the applicants would need to provide the following documents to the officers:

• A Record of Employment (ROE) for all previous employers – refer to Appendix A for more details on this

  • It is worth mentioning that applicants would need to have Records of Employment (ROEs) for each job, excluding their current job

• Contracts with any current and previous employers

• Statements of earnings showing the hours worked and the deductions made by the employers

• A record of wages and deductions sent to the Canada Revenue Agency (CRA) by the employers and,

• A Notice of Assessment issued by the Canada Revenue Agency (CRA) for the 24-month period starting from the applicant’s date of entry under the Live-in Caregiver Program (LCP)

In some cases, the applicant might still be working for the same employer. Some of these applicants might therefore, not have any of the above-mentioned documents available. In this scenario, the applicants would need to provide a statutory declaration. This declaration would typically state the terms and conditions of the applicants’ current employments. Alternatively, the applicants would need to provide letters of employment signed and dated by their employers.

Some applicants might want to have their work experience assessed against the hour-based calculation. In this scenario, these applicants would need to include a completed and signed Live-in Caregiver – Employment Declaration of Hours Worked form i.e. IMM 5634. In addition, they would need to provide timesheets signed by their current and previous employers as well. These timesheets would need to indicate the date and the number of hours worked. Moreover, the timesheets would need to specify the overtime hours as well (if any).

Officers would need to remember that applicants could attain the required number of hours of employment by working for more than one employer or household. However, the authorities mandate that applicants can only work for one employer or household at the same time. This is in accordance with the provisions specified in R113 (2). Furthermore, the authorities also treat breaks in employment as acceptable.

The authorities have specified that:

• The total number of hours of required employment does not include:

  • Absences from Canada – this includes work for employers living outside Canada

  • Periods of unemployment

  • Periods of live-out employment

  • Sickness or,

  • Maternity leave

• As outlined in the provincial and territorial employment standards legislation, the authorities count vacation leave towards the prescribed employment requirement

• The authorities do not count extended time outside Canada towards the prescribed employment requirement

  • For instance, if the applicant leaves Canada for longer than the permitted vacation period specified in their employment contract

• In some cases, the officers might have concerns about the principal applicant’s evidence of full-time employment

  • In this scenario, the officers would need to send the applicant a procedural fairness letter

  • In addition, the officers would need to afford the applicant with the opportunity for responding to the concerns raised

• Certain rare situations might warrant further investigation

  • In this scenario, the processing officers would need to refer the application to the responsible Immigration, Refugees and Citizenship Canada (IRCC) inland office

The Positive Eligibility Determination

After examining the applications, the officers might find applicants to be members of the live-in caregiver class. This will usually be in accordance with the provisions specified in section R113. In this scenario, the Case Processing Centre in Vegreville (CPC-V) or the responsible Immigration, Refugees and Citizenship Canada (IRCC) inland office would need to:

• Enter the eligibility decision in the Global Case Management System (GCMS)

• Send a letter notifying the applicant that the applicant meets the prescribed requirements for applying for permanent residence and,

• Request for any further information that the authorities need for processing the application for permanent residence under the provisions specified in the Live-in Caregiver Program (LCP)

The Eligibility for Open Work Permits

Live-in caregivers under the Live-in Caregiver Program (LCP) will typically submit applications for permanent residence under the class. Some of these caregivers might also have submitted applications for open work permits. It is worth highlighting that the officers would issue open work permits to these individuals. This is in accordance with the provisions specified in paragraph R205 (a) i.e. Canadian interests – refer to the section that follows. This permit would remain valid for a duration of up to four years. However, this remains subject to the validity of the passport. These live-in caregivers would not need to wait for receiving an approval in principle. This provisions gives the caregivers the required levels of flexibility for pursuing other employment even as their application awaits assessment.

The Provisions of R205 (a) – Canadian Interests

Officers have the authority to issue work permits under section 200 to foreign nationals who intend to perform work that:

• Would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents

• Would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries

• The Minister has designated as being work that foreign nationals could perform on the basis of the following criteria:

  • The work is related to a research program

    • The work is an essential part of a post-secondary academic, vocational or professional training program offered by a designated learning institution as defined in section 211.1

    • The work is an essential part of a program at the secondary level

      • That is a vocational training program offered by a designated learning institution in Quebec or,

      • That is a program offered by a designated learning institution that requires students to work in order to obtain their secondary or high school diploma or certificate of graduation or,

  • Limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy or,

  • The work is of a religious or charitable nature

Related Links:

• The Records of Employment (ROEs)
• The Record of Employment (ROE) Web Agreement