Last Updated on March 25, 2016
The General Guidelines
- The officer would need to determine whether the applicant meets the prescribed requirements for becoming a member of the live-in caregiver class in accordance with the provisions specified in R113
- On becoming a member of the live-in caregiver class, the authorities would grant the applicant an “approval in principle”
- The applicant would thus become eligible for applying for an open work permit
- Many applicants submit an application for an open work permit along with their application for permanent residence
- The officers would need to refer the applicant and family members in Canada and abroad for examination to determine admissibility
- These examinations would include medical, security and criminal checks
- The appropriate visa office would be responsible for performing these verifications for any family members abroad
- The authorities would grant permanent residence to the live-in caregiver and any family members in Canada once the applicant meets all the statutory requirements
- Similarly, the visa office abroad would need to issue permanent resident visas to any accompanying family members abroad
- If necessary, the officers would also need to issue any refusal letters
- Live-in caregivers would need to submit a complete application of permanent residence
- This would enable officers to determine whether these individuals meet the requirements for becoming members of the live-in caregiver class
- This is in accordance with the provisions specified in R113
Live-in Caregiver Applications for Permanent Residence
All applicants would need to complete the In-Canada Application for Permanent Residence for Live-in Caregivers i.e. forms IMM 5002 and IMM 5282. Applicants have the ability to download this form from the website of Citizenship and Immigration Canada (CIC). Alternatively, they would need to request for the application kit through the Citizenship and Immigration Canada (CIC) Call Centre.
It is worth mentioning that all applicants would need to list all family members in Canada and abroad, whether these family members are accompanying or non-accompanying. In addition, they would need to indicate the ones they wish the authorities to process concurrently for permanent residence.
Thereafter, the applicants would need to submit the completed forms and all required supporting documents to the Case Processing Centre in Vegreville, Alberta (CPC-V). They would need to submit the relevant fee receipts too.
The staff at the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to screen the applications for completeness. In addition, they would need to verify:
- That the applicants have completed and signed all the required forms in accordance with the instructions given in the Instruction Guide i.e. IMM 5290
- That the applicants have provided the evidence of payment of all applicable processing fees at a designated financial institution
- That the applicant has included two passport-sized photographs of the applicant of any family members in Canada along with the application and,
- That the applicant has included all the required documents in accordance with the instructions provided in the Document Checklist i.e. IMM 5282
- This would typically include acceptable proof that the applicant meets the Live-in Caregiver Program (LCP)
The authorities consider the application made on the date the Case Processing Centre in Vegreville, Alberta (CPC-V) receives the:
- Complete application
- Correct fees and,
- The supporting documentation, if any
It is worth highlighting that the authorities do not consider applications returned to the applicant as applications. As such, if the application is not complete, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to enter the date of the incomplete application in the Field Operations Support System (FOSS). Thereafter, it would need to return the package to the applicant. It would need to issue a letter to the applicant as well. This letter would typically explain the reasons for which the authorities are returning the application to the applicant.
Live-in Caregiver Applications for Permanent Residence Fees
The principal applicants in Canada would typically need to pay the processing and Right of Permanent Residence Fees (RPRF) for all family members included in the application for concurrent processing for permanent residence. This is regardless of whether the family members are in Canada or abroad. Applicants do not need to pay the Right of Permanent Residence Fees (RPRF) for the dependent children of the principal applicant. This is in accordance with the provisions specified in R303 (2) (a). In addition, the authorities do not levy any processing or Right of Permanent Residence Fees (RPRF) for family members not included for concurrent processing. The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to indicate that the applicant has paid the fees in Canada, when it forwards the forms to the responsible visa office.
The application kit typically includes instructions on how to pay fees at a financial institution. It guides applicants in submitting the receipt along with the application as well. In some cases, the application might not include the correct cost recovery fee. In this scenario, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to return the application to the applicant. It would need to provide a letter requesting payment as well. Officers would need to review the instructions on fees and cost recovery for additional details concerning fees.
- Process for Assessing the Eligibility for Becoming a Member of the Live-in Caregiver Class
- Acceptable Evidence of Full-Time Employment As a Live-in Caregiver
- Granting the Approval in Principle for Eligible Applicants
- Refusing Applicants Determined Not to Be Members of the Live-in Caregiver Class for Ineligible Applicants
- Inserts that Officers Would Need to Use in the Refusal Letter
- Applications from Eligible Live-in Caregivers in Quebec
- Medical Examinations for Live-in Caregiver Program
- Live-in caregivers – Processing of Family Members
- LCP : Ineligible Family Members
- Right of Permanent Residence Fee (RPRF) Refund
- Process for Finalising Approved Cases
- Documentation Standards in the Field Operations Support System (FOSS)
Source: Citizenship and Immigration