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Requirements for LCP Issuance of Work Permits


Last Updated on November 12, 2015

Live-in Caregiver Programs Requirements for the Issuance of Work Permits

Officers would need to refer to the following table for information concerning the issuance of work permits.

The Scenario

The Applicant Would Need to Provide:

The Case Processing Centre in Vegreville, Alberta (CPC-V) Would Need to:

Live-in, full-time caregiver

 

If same employer

 1. A letter from the current employer stating that the employer would continue to employ the live-in caregiver on a full-time basis

2. A copy of a new or extended employment contract signed by the employer and the live-in caregiver

 

There is no need for a new Labour Market Opinion (LMO).

 

Applicants in Quebec would need to obtain Certificat d’acceptation du Quebec (CAQs)

 1. Assess whether the applicant continues to meet the definition of a live-in caregiver i.e. full-time, live-in employment as a caregiver

2. Verify that the employment contract contains the requirement information as specified in the section titled “The Mandatory Employment Contract”

3. Verify that the applicant has submitted a Certificat d’acceptation du Quebec (CAQ) along with the application (if applicable)

Live-in, full-time caregiver

 

If change of employer or if the current employer is moving to another province or territory
  1. A copy of a new Labour Market Opinion (LMO) and, for applicants in Quebec, a Certificat d’acceptation du Quebec (CAQ)

 

  1. A copy of a new or extended employment contract signed by the employer and the live-in caregiver
  1. Check the Field Operations Support System (FOSS) Foreign Worker System (FWS) link for the presence of a record of a positive or neutral Labour Market Opinion (LMO)

 

  1. Verify that the employment contract contains the requirement information as specified in the section titled “The Mandatory Employment Contract”

 

  1. Verify that the applicant has submitted a Certificat d’acceptation du Quebec (CAQ) along with the application (if applicable)

If the applicant meets all requirements, then the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to issue a new or an extended work permit. In addition, they would need to enter the “LCP” code in the special program box. If the applicants do not meet all the requirements, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to refuse the application.

Note:

  • In some situations, the authorities might require a more in-depth assessment for rendering a decision on a given application
  • In this scenario, the officers would need to refer the case to an inland office of Citizenship and Immigration Canada (CIC)

The Bridge Extension if the Live-in Caregiver is Between Jobs

Situations could arise where a live-in caregiver’s work permit is about to expire and the individual is between jobs. In addition, the caregiver might not have found a new employer under the provisions specified in the Live-in Caregiver Program (LCP) yet. In this scenario, the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to issue an interim work permit for bridging the gap. This interim work permit would enable a caregiver to remain in Canada legally. However, this work permit would not authorise the caregiver to work for a new employer. To avail this, live-in caregivers would need to submit applications for bridge extensions using the Application to Change Conditions, Extend My Stay or Remain in Canada (IMM 1249). They would need to pay the relevant cost recovery fees as well.

The bridge extension would need to:

  • Have a maximum duration of two months
  • List the most recent employer and,
  • Specify “bridge extension” in the Remarks section

If a bridge extension were to expire before the applicant is able to find a new job or employer and the applicant is eligible to apply for a new work permit under the provisions specified in the Live-in Caregiver Program (LCP), the Case Processing Centre in Vegreville, Alberta (CPC-V) would need to assess the reasons for the continued unemployment on a case by case basis. Alternatively, the Case Processing Centre in Vegreville, Alberta (CPC-V) could also decide to refer the case to an inland office of Citizenship and Immigration Canada (CIC) for a more in-depth examination.

Note:

  • It is worth specifying that bridge extensions remain exempt from the requirements of:
    • Labour Market Opinions (LMOs) and,
    • Certificat d’acceptation du Quebec (CAQs)

 Source: Citizenship and Immigration


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