The Process for Assessing the Eligibility for Becoming a Member of the Live-in Caregiver Class

The Case Processing Centre in Vegreville, Alberta (CPC-V) would need to determine whether applicants meet the following requirements or not. Only once the applicants meet these requirements would they be able to become members of the live-in caregiver class. This is in accordance with the provisions specified in R113.

The officers would need to check whether the applicants:

• Have submitted applications to remain in Canada as permanent residents
• Are temporary residents
• Hold valid work permits as live-in caregivers
• Entered Canada as live-in caregivers and have provided acceptable evidence of having worked full-time as live-in caregivers for a total duration of 24 months or for a total duration of 3,900 hours in a minimum of 22 months within the four years immediately following their entry into Canada under the provisions specified in the Live-in Caregiver Program (LCP)
• Officers could find additional information on this in the section titled “The Acceptable Evidence of Full-Time Employment as a Live-in Caregiver” given subsequently in this document
• Resided in a private household in Canada while working as live-in caregivers
• Have provided, without supervision, child care, senior home support care, or care of a disabled person in that household
• Are not, along with their family members, the subjects of an enforceable removal order or admissibility hearings under the Act or appeals or applications for judicial reviews arising from such hearings
• Did not enter Canada as live-in caregivers as a result of misrepresentation concerning their education, training or experience and,
• Meet the selection criteria of the province in the opinion of the competent authority of that province – in case the applicants have the intention of residing in the province of Quebec
• Officers could find additional information on this in the section titled “The Applications from Eligible Live-in Caregivers in Quebec” given subsequently in this document

In particular, the officers would need to check:

• The statutory questions given on the IMM 5002 and,
• The Field Operations Support System (FOSS) for any record of A44 (1) report, referral to a hearing or removal order or pending criminal charges

It is worth highlighting that a live-in caregiver is not eligible for permanent residence if their spouse or common-law partner:

• Is a refugee claimant or,
• Has appealed or sought judicial review

In addition, officers would need to note that misrepresentation of education, training or experience could include misrepresentation by another person as well as by the applicant. Therefore, officers would need to refer to the OP 14 chapter for requirements concerning the initial work permit issued by the visa office. Going through this chapter would be useful as information might have come to light that indicates misrepresentation for meeting the prescribed requirements.

Note:

• It is worth mentioning that the required 24 months or 3,900 hours of required employment could be in respect of more than one employer or household
• In addition, these 24 months or 3,900 hours of required employment need not be without interruption
• However, these 24 months or 3,900 hours of required employment must not be in respect of more than one employer or household at a time
• This is in accordance with the provisions specified in R113 (2)

Source: Citizenship and Immigration