The Places for the Processing of the Initial Work Permit Applications

For participating in the Live-in Caregiver Program (LCP), foreign nationals would need to make applications for initial live-in caregiver work permits at Canadian visa offices abroad. The Canadian visa offices abroad would then review the applications under the Live-in Caregiver Program (LCP) for completeness. This is in accordance with the provisions specified in R10.

The Eligibility Criteria (Based on the Provisions Specified in R112)

Many applicants would be keen to enter Canada as live-in caregivers. In addition, some of them might want to apply for work permits under the Live-in Caregiver Program (LCP). To accomplish this, they would need to meet the requirements specified in R112. This is regardless of whether they intend to eventually seek permanent residence in Canada or not. It is worth mentioning that the provisions specified in R200 (3) (d) require such individuals to meet the eligibility requirements specified in R112.

Officers would need to ensure that they do not issue work permits under the Live-in Caregiver Program (LCP) to people who will be working in nanny-like jobs under the International Exchange Canada programs. As such, the officers would need to assess applicants based on the criteria specified in the specific program for which the applicants are applying.

It is worth mentioning that applicants under the International Exchange Canada programs are not eligible for applying for permanent residence in Canada. As such, the authorities would not be able to extend their work permits beyond the prescribed period. This is because these individuals are not live-in caregivers under the Live-in Caregiver Program (LCP). For more details on this, readers would need to go through FW 1 – The Temporary Foreign Worker Guidelines.

The Educational Requirement (Based on the Provisions Specified in R112 (b))

The authorities are cognisant of the fact that educational institutions typically require the existence of a building or buildings that remain devoted to formal education, training and development. Because of this, the authorities require that applicants under the Live-in Caregiver Program (LCP) successfully complete a course of study that is equivalent to the successful completion of Canadian secondary school.

However, the authorities are aware that there is a variation in school systems across countries. Therefore, applicants would not be able to meet this requirement by simply counting the years of schooling until they reach the number 12. In contrast, the authorities require equivalency in terms of achievement as being more important. For instance, in the Philippines, 72 credits of post-secondary education is equivalent to the successful completion of Canadian secondary school. As such, fewer than 72 credits will not be equivalent to the successful completion of Canadian secondary school.

This is why the officers would need to be completely satisfied about the validity of the diplomas or certificates that the applicants have submitted. In case applicants do not submit sufficient proof, the officers have the authority to refuse work permits. In particular, the officers would need to be confident that the applicant completed the testing for the equivalency of the successful completion of Canadian secondary school.

The Training or Work Experience Requirement (Based on the Provisions Specified in R112 (c))

The authorities require applicants under the Live-in Caregiver Program (LCP) to have completed at least:

• Six months of full-time training in a classroom setting in a field or occupation related to the employment for which the applicant is seeking the work permit or,
• One year of full-time paid employment, which would need to include at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which the applicants submit applications for work permits

It is worth highlighting that prospective live-in caregivers would need to meet either the training or the work experience requirement. Only then, would the authorities consider them eligible for work permits under the Live-in Caregiver Program (LCP).

The Training Requirement

The authorities require applicants to receive training that the institution offers as part of a formal education program at an educational institution accredited by the appropriate local education authorities. However, it is worth mentioning that accreditation alone is not necessarily an endorsement of quality.

Officers would need to assess the quality of the program. In addition, they would also need to check whether the program is adequate in equipping the applicants to perform the duties that the proposed job typically requires. Some institutions establish caregiver training programs primarily to provide training for meeting Canadian requirements. This is especially so at non-accredited institutions. In this scenario, the officers would need to determine the legitimacy of these programs in addition to assessing the adequacy of the training.

Moreover, the authorities require applicants to take full-time training for a continuous period of at least six months. This training would need to be in a field or an occupation related to the employment that the applicant is seeking. For instance, prospective live-in caregivers would need to have training or experience in early childhood education, geriatric care, paediatric or geriatric nursing.

In addition, the officers would need to remember that live-in caregiver training will need to be similar to the training that Canadian community colleges typically offer in child care or other related fields. The course load at Canadian community colleges typically averages 25 to 30 hours per week. This does not include activity assignments or a practicum. Therefore, a student in an educational institution that offers live-in caregiver training would need to attend classes for at least 25 – 30 hours per week.

The authorities find it acceptable to have some on-the-job training throughout the course. But, this is acceptable only as long as the classroom schedule demonstrates that there is a requirement for, and completion of, a full six months of full-time training in a classroom setting throughout that course.

It is worth highlighting that Citizenship and Immigration Canada (CIC) does not specify a detailed list of courses. This is because Citizenship and Immigration Canada (CIC) is not an education regulating body. However, visa offices have the ability to assess the legitimacy, quality, adequacy and relevance of the training programs offered in their region. In addition, visa offices can assess whether the hours of classroom training are sufficient.

In some cases, officers could undertake research concerning the legitimacy of a given training program and / or an educational institution. This also includes undertaking research pertaining to the legitimacy of a given training program even if the institution is located in another country. In such cases, the officers would need request assistance from the visa office where the educational institution is situated. This would be useful for verifying the legitimacy of the institution and the substance of the training.

It is worth mentioning that the authorities do not consider certain courses of study as meeting the full-time training requirement specified. This includes:

• Correspondence courses
• Part-time studies and,
• Training taken on weekends

In addition, the authorities require applicants to successfully complete the six months of full-time training prior to the date on which they apply for work permits under the provisions specified in the Live-in Caregiver Program (LCP).

The Work Experience Requirement

The authorities require applicants to possess work experience in a field or occupation that is related to the field in which they are seeking employment. For instance, prospective live-in caregivers might have experience in fields such as:

• Early childhood education
• Geriatric care
• Paediatric nursing or,
• Geriatric nursing

In this scenario, the authorities would need to consider an applicant’s caregiving experience in an institutional setting when they assess whether the applicants meets the prescribed experience requirement. Applicants might have caregiving experience in institutions such as:

• Day care facilities
• Crèches
• Hospitals or,
• Senior citizens’ homes

The authorities do not consider experience as a midwife or hospital technician as being acceptable. This is primarily because such people do not have caregiving experience related to children, the elderly or people with disabilities.

Similarly, some applicants might have caregiving experience in their own homes. However, this would not normally qualify them for applying under the Live-in Caregiver Program (LCP). This is because the authorities require applicants under the Live-in Caregiver Program (LCP) to have the relevant experience in a paid employment situation. But, it is possible that some legitimate situations might take place where the applicant finds employment as a live-in caregiver with a relative. However, the onus of satisfying the officers that the applicants actually received payments for the work they performed and that their experience was an employment related one rests entirely on the applicants.

Prospective live-in caregivers would need to demonstrate that they have completed at least one year of full-time paid employment related to the job duties of a caregiver. This is essential when they go about claiming work experience. This work experience must have taken place within the three years immediately prior to the date that the applicant submits the application for a work permit under the Live-in Caregiver Program (LCP). This work experience would need to include at least six months of continuous employment with the same employer.

Note:

• The onus rests entirely on the applicant for satisfying the officer that the applicant’s training or experience complies with the requirements prescribed in R112 (c)
• It is worth mentioning that the authorities have moved this content as part of their efforts to modernise operational guidance to their staff
  • As such, readers will now be able to view this information in the section titled ‘The Language Requirements’

The Language Ability – (Based on the Provisions Specified in R112 (d))

The Mandatory Employment Contract – (Based on the Provisions Specified in R112 (e))

Consider a situation where a prospective employer in Canada is interested in hiring a foreign live-in caregiver. To accomplish this, the employer would need to obtain the approval of the job offer from Employment and Social Development Canada (ESDC) or Service Canada (Service Canada). In addition, the employer would need to obtain a positive or neutral Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC) or Service Canada (Service Canada) as well.

It is worth highlighting that, in the view of the authorities, the employer is responsible for ensuring that the employer has a signed, written employment contract with the prospective live-in caregiver. By law, the terms and conditions of the employment contract will need to be consistent with the provincial or territorial employment standards and labour laws. This is because the signed employment contract and the employer’s positive or neutral Labour Market Opinion (LMO) from Employment and Social Development Canada (ESDC) or Service Canada (Service Canada) will be part of the documentation that the prospective live-in caregiver would need to send to the visa office. Ideally, the prospective live-in caregiver would need to send these documents along with their work permit applications under the Live-in Caregiver Program (LCP).

Note:

• The employment contract typically denotes a tool that officers tend to use in their assessment of the application
• It also provides officers with information that they could use in an interview
• It is worth mentioning that an employment contract is also a legislated requirement

The Employment Contract Requirements

The authorities have prescribed some employment contract requirements. These requirements specify that:

• The contract must include a description of all mandatory employer paid benefits such as:
  • The transportation to Canada from the employee’s country of permanent residence or the country of habitual residence to the location of work in Canada
  • The medical insurance coverage provided from the date of the employee’s anticipated date of arrival until the time that the employees become eligible for the provincial or territorial health insurance
  • The workplace safety insurance coverage (which should last for the duration of the employment) and,
  • All recruitment fees (this would also include any amount payable to third party recruiters or agents that the employer hires that the employer would have needed to bear the expenses of otherwise)
• The contract must include a description of:
  • The job duties that clearly highlight that the employee’s primary duty will comprise live-in caregiving
  • The hours of work
  • The wages
  • The accommodation arrangements (this would include – wherever applicable – room and boarding expenses)
  • The holiday and sick leave entitlements and,
  • The termination and resignation terms
• All terms and conditions that the contract outlines will need to abide by the provincial or territorial employment standards and labour laws
• The live-in caregiver position that the employer is offering will be full-time in nature i.e. with a minimum of 30 hours per week
• The employer has sufficient income for paying the wages and benefits of a live-in caregiver
  • As such, Employment and Social Development Canada (ESDC) or Service Canada will need to advise employers of the current acceptable wages that the employer needs to pay, based on the equivalent wages for Canadian live-in caregivers
• The employer is residing in Canada and,
• The employer will be supplying suitable accommodation for the live-in caregiver in a private residence in Canada, such as a private unit or a room with a lock, where the live-in caregiver will provide child care, senior home support care or care for a disabled person

Note:

• It is worth mentioning that the authorities have provided a sample template of a Live-in Caregiver Program (LCP) employment contract on the website of Citizenship and Immigration Canada (CIC)
• The authorities urge employers and live-in caregivers to use this contract template (although live-in caregivers and employers are not obligated to use this contract template)
• With effect from April 01, 2010, the authorities require that all employment contracts that the employer submits as part of the employer Labour Market Opinion (LMO) applications under the Live-in Caregiver Program (LCP), along with all work permit applications based on these Labour Market Opinions (LMOs) that Citizenship and Immigration Canada (CIC) receives, must contain all the information and clauses within the Live-in Caregiver Program (LCP) employment contract template
• In addition, the employer will need to ensure that any additional provisions do not conflict with the applicable provincial or territorial labour laws and employment standards
• It is worth mentioning that the use of alternate contract formats could delay the processing of the Labour Market Opinion (LMO) application
• This is because Employment and Social Development Canada (ESDC) or Service Canada officers will need to do a thorough comparative assessment for determining whether the contract complies with the prescribed Live-in Caregiver Program (LCP) requirements
• Situations could arise where come live-in caregivers might be destined to Quebec
• In this scenario, the Ministère de l’Immigration et des Communautés culturelles (MICC) has its own contract template that reflects Quebec’s provincial requirements under the Live-in Caregiver Program (LCP)
• Thus, applicants destined to Quebec would need to refer to the Quebec contract template, which is available on the website of Ministère de l’Immigration et des Communautés culturelles (MICC)
• The authorities typically consider housework, cleaning or other similar domestic duties (including food preparation) as permissible, as long as these activities form a small part of the overall job duties specified in the employment contract when clearly related to the duties of caring for the individual
• However, it is worth highlighting that such domestic duties must not be the primary duties of a prospective live-in caregiver

The Guidelines for Employment by Diplomatic Personnel

The authorities permit diplomatic personnel to have their live-in caregivers enter and remain in Canada under the Live-in Caregiver Program (LCP). However, they require that the individual would need to be eligible under the provisions specified in R112 for becoming a live-in caregiver. In addition, they require that the individual obtain a work permit under the Live-in Caregiver Program (LCP). Once the live-in caregiver meets the requirements prescribed in R113, the caregiver would be able to apply for permanent residence. In this scenario, the authorities would not consider the individual caregiver to be a member of the diplomat’s personal suite. For more details, readers would need to go through section 5.3 of the FW 1 – the Temporary Foreign Worker Guidelines.

Note:

• The authorities do not consider domestic staff who enter Canada as accredited members of a diplomat’s suite as live-in caregivers under the Live-in Caregiver Program (LCP)
• As such, these individuals are not eligible for permanent residence

The Validity Period of Initial Live-in Caregiver Program (LCP) Work Permits

The general policy is for visa officers to issue initial Live-in Caregiver Program (LCP) work permits that have a validity of up to four years plus three months. This is applicable as long as Employment and Social Development Canada (ESDC) or Service Canada have approved the Labour Market Opinion (LMO) for the same duration. This general policy helps in minimising subsequent in-Canada applications for work permit extensions.

It is worth mentioning that the four-year period corresponds to the amount of time allotted to live-in caregivers for completing the employment requirements of the Live-in Caregiver Program (LCP). This enables live-in caregivers to become eligible for applying for permanent residence. The additional three months are useful for giving such individuals a transition period for applying for permanent residence under the Live-in Caregiver Program (LCP).

Quebec regulations permit the officers to issue Certificats d’acceptation du Québec (CAQ) for the applicants destined for Quebec. However, these applicants would need to have National Occupational Classification (NOC) skill levels of less than B – this applies to live-in caregivers as well. Therefore, officers would be able to issue Certificats d’acceptation du Québec (CAQ) to live-in caregivers, which have a maximum validity span of 48 months. As such, the officers would be able to issue Live-in Caregiver Program (LCP) work permits of up to four years to live-in caregivers destined for Quebec. However, they would only do so if the authorities at Ministère de l’Immigration et des Communautés culturelles (MICC) have approved the Certificats d’acceptation du Québec (CAQ) for the same duration.

In addition, the decision on the validity period of the initial Live-in Caregiver Program (LCP) work permits remain that of the reviewing officer. As such, the reviewing officers are free to depart from the general policy where circumstances warrant such as passport validity, Labour Market Opinion (LMO) validity, Certificats d’acceptation du Québec (CAQ) validity etc.

The Guidelines for Family Members Who Wish to Accompany a Live-in Caregiver on Live-in Caregiver Program (LCP) Work Permits

It is worth mentioning that family members do not usually accompany live-in caregivers who are coming to Canada on Live-in Caregiver Program (LCP) work permits. In some cases, the employers might agree that family members could reside with the caregivers in the residence of the persons for whom the caregivers are providing care. But, there are no guarantees that any subsequent employer would agree to the same terms. In addition, it is worth remembering that the income of the caregivers might not be sufficient for caring for and supporting their family members in Canada.

As such, the authorities do not permit live-in caregivers to bring their family members with them while the live-in caregivers are on work permits under the Live-in Caregiver Program (LCP). However, the authorities might permit live-in caregivers to bring their family members with them while the live-in caregivers are on work permits under the Live-in Caregiver Program (LCP) if the live-in caregivers can satisfy the officers that:

• The live-in caregivers have sufficient funds to care for and support their family members in Canada
• The family members coming to Canada are not otherwise inadmissible and,
• The live-in caregivers have obtained permission from their employers for their family members to live in the home of the persons for whom the live-in caregivers will be providing care

The Guidelines for Family Members of Live-in Caregivers Who Have Applied for Permanent Residence

The authorities permit live-in caregivers who enter Canada under the Live-in Caregiver Program (LCP) to apply for permanent residence. For this, the live-in caregivers would need to have worked full-time as live-in caregivers for at least 24 months or a total of 3,900 hours in a minimum of 22 months within the four years immediately after their entry into Canada under the Live-in Caregiver Program (LCP). In order to qualify for applying for permanent residence under the Live-in Caregiver Program (LCP), these individuals would need to meet the requirements prescribed in R113.

The live-in caregivers who have applied for permanent residence would need to declare and include all their family members in their application for permanent residence. As such, all family members would need to undergo the relevant examinations. This is regardless of whether they accompany the principal applicant. Therefore, all eligible family members would need to undergo and clear the medical, criminal and security checks. It is worth mentioning that live-in caregivers would not be able to become permanent residents if any of their eligible family members are inadmissible.

In normal circumstances, an inadmissible family member would typically render the live-in caregiver principal applicant and all family members inadmissible. This is regardless of whether they accompany the principal applicant. Readers could come across this rule when they go through R23. However, R23 also contains two exceptions to this rule. These comprise:

• A separated spouse or common-law partner and,
• A child who is in the legal custody of someone other than the applicant, or someone other than the applicant who is empowered to act on behalf of that child by virtue of:
  • A court order
  • A written agreement or,
  • By operation of law

In some cases, it could happen that an applicant’s separated spouse or common-law partner or their children in the custody of someone else are inadmissible. In this scenario, the inadmissibility of the applicant’s separated spouse or common-law partner or their children in the custody of someone else will not render the applicant inadmissible.

Situations could arise where separated spouses or common-law partners could reconcile. Similarly, custody arrangements for children could undergo some changes. In this scenario, it is worthwhile to safeguard the future right to sponsor such individuals in the family class. This is why the authorities stress on examining these individuals. In case the authorities decide not to examine these people, the principal applicant would not be able to sponsor them in the family class in the future under the provisions specified in R117 (9) (d).

The authorities would typically require the applicants to submit satisfactory documentary proof of separation and of custody being with someone other than the applicant. Such acceptable proof would typically include separation agreements or custody papers.

The officers would not issue permanent resident visas to separated spouses or children in the custody of someone else if they are non-accompanying family members. This is regardless of whether the officers examine these individuals.

In some cases, the officers might find that these family members are genuinely unavailable. Or, they might find that these family members are not willing to undergo an examination. In this scenario, the officers would need to clearly explain to the applicant the consequences of these individuals not undergoing the prescribed examination. Thereafter, the officers would need to document this in the Global Case Management System (GCMS) notes and the Computer Assisted Immigration Processing System (CAIPS) notes. In addition, the officers would need to counsel the applicants to sign and return statutory declarations that demonstrate the family members’ acknowledgement about the consequences of refusing to undergo the prescribed examination. Alternatively, the officers would need to counsel the applicants to sign and return statutory declarations that demonstrate the family members’ intimation to the Case Processing Centre and the visa office that they want the officers to examine the child in order to preserve future sponsorship privileges.

Some live-in caregivers who apply for permanent residence might request concurrent processing for some or all of their family members residing in or outside Canada. In this scenario, the officers might process some family members concurrently. Thereafter, the officers would issue permanent resident visas to the family members process concurrently. However, the officers would only do this once the live-in caregiver becomes a permanent resident.

For more details, readers would need to go through section 5.12 of the OP 2 – Processing Members of the Family Class chapter. In addition, they would need to go through IP 4 – Processing Live-in Caregivers in Canada chapter.

Note:

• The authorities permit live-in caregivers to sponsor family members whom the officers do not process concurrently as members of the family class
• However, this can only take place once the live-in caregivers have become permanent residents

The Guidelines for Responding to Representations

The authorities require officers to release information pertaining to clients only to the applicant or the applicant authorised paid or unpaid representative. For more details on this, officers would need to go through section 5.4 of the IP 9 – The Use of Representatives Paid or Unpaid chapter.

Prior to responding to any representation, the officers would need to ensure that the clients or their representatives verify their identities. This is applicable regardless of whether the person makes the representation in person or via mail.