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 Eligibility Guidelines for the Live-in Caregiver Program (LCP)
The authorities permit live-in caregivers to apply for permanent residence. However, the live-in caregivers would need to have:
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Worked full time for at least 24 months within the four years immediately following their entry into Canada under the provisions specified in the Live-in Caregiver Program (LCP) or,
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Worked for a total of 3,900 ours within a minimum span of 22 months, which might include a maximum cap of 390 hours of overtime
Live-in caregivers would need to meet the requirements of the class at the time of their application for permanent residence. The authorities have specified these requirements in section 113 of the Immigration and Refugee Protection Regulations (IRPR) – refer to Appendix A.
The authorities require that all new permanent residence applications under the live-in caregiver class would need to be accompanied by a certain evidence. This evidence would need to demonstrate that the work permit associated with the foreign national’s initial entry as a live-in caregiver under the Live-in Caregiver Program (LCP) was based on a Labour Market Impact Assessment (LMIA) that the applicant’s employer requested from Employment and Social Development Canada (ESDC) or Service Canada on or prior to November 30, 2014. Only after the officers have verified this, will the application be eligible for further processing.
The Guidelines for Submitting the Application
Appendix A – Permanent Residence Guidelines for Foreign Nationals Under the Live-in Caregiver Program (LCP)
Live-in caregivers would need to meet the requirements of the class at the time of their application for permanent residence. The authorities have specified these requirements in section 113 of the Immigration and Refugee Protection Regulations (IRPR).
The Guidelines for Permanent Residence
The authorities permit a foreign national to become a member of the live-in caregiver class if the foreign national:
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Has submitted an application to remain in Canada as a permanent resident
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Is a temporary resident
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Holds a work permit as a live-in caregiver
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Has entered Canada as a live-in caregiver and for at least two of the four years immediately following the foreign national’s entry or, alternatively, for at least 3,900 hours during a period of not less that 22 months in those four years, the foreign national:
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Resided in a private household in Canada and,
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Provided child care, senior home support care or the care of a disabled person in that household without supervision
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Is not (and has no family members that are) the subject of an enforceable removal order or an admissibility hearing under the provisions of the Act or an appeal or application for judicial review arising from such a hearing and,
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Did not enter Canada as a live-in caregiver as a result of a misrepresentation that pertained to the foreign national’s education, training or experience
In some case, such foreign nationals might have the intent to reside in the Province of Quebec. In this scenario, the competent authority of that particular province would need to hold the opinion that the foreign national meets the prescribed selection criteria of the Province.
The Guidelines for Calculation
The authorities require foreign nationals to become permanent residents as members of the live-in caregiver class. For this, the foreign nationals need to meet the prescribed criteria. One of these is that the foreign national would need to have entered Canada as a live-in caregiver and for at least two of the four years immediately following the foreign national’s entry or, alternatively, for at least 3,900 hours during a period of not less that 22 months in those four years, the foreign national:
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Resided in a private household in Canada and,
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Provided child care, senior home support care or the care of a disabled person in that household without supervision
The authorities have provided certain specifications for calculating these time periods. Therefore, foreign nationals would need to be mindful that:
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The 3,900 hours must not include more than 390 hours of overtime and,
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The periods of two years and 3,900 hours may be in respect of more than one employer or household, but cannot be in respect of more than one employer or household at a time