ARCHIVED – Operational Bulletin 370 – December 15, 2011

Live-in Caregiver Class – Issuance of open work permits prior to eligibility determination as a member of the Live-in Caregiver Class

Summary

Effective immediately, live-in caregivers under the program who have submitted an application for permanent residence under the class and have also submitted an application for an open work permit will be issued an open work permit for a duration of up to four years (subject to passport validity).

Issue

Due to an increasing inventory, many live-in caregivers who have completed their work obligations are still living in the home of their employer, waiting for their application for permanent residence to be reviewed. Live-in caregivers who completed their work obligations under the program and made an application for permanent residence under the Live-in Caregiver class were not eligible for an open work permit until their application for permanent residence had been assessed and they were determined to be a member of the class (also known as approval in principle).

Background

Applicants for permanent residence under the Live-in Caregiver Class are required to complete the required length of authorized full-time employment within four years from the date they entered Canada to be eligible to apply for permanent residence under the Live-in Caregiver Class. R113(1) specifies either proof of:

1. Having completed 24 months of authorized full-time employment as a live-in caregiver within four years from the date they entered Canada under the Live-in Caregiver Program; OR 
2. Having completed a total of 3,900 hours, within a period of time not less than 22 months (which may include a maximum of 390 hours of overtime) of authorized full-time employment as a live-in caregiver within four years from the date they entered Canada under the Live-in Caregiver Program. 

Following application for permanent residence under the class, live-in caregivers were eligible to receive open work permits only after their application for permanent residence was assessed and approved in principle.

This requirement forces live-in caregivers to remain under the current restrictions of their work permit until assessment and approval and therefore they were subjected to any delays in processing times. It also requires live-in caregivers to remain in the home of their employer while they await their application for permanent residence to be processed, even though they have completed their work obligations under the program.

Issuing an open work permit at the time of submission of their application for permanent residence will allow the caregiver the flexibility to pursue other employment while their application awaits assessment. It will allow them the opportunity to establish their own accommodations in advance of processing of their application for permanent residence. Allowing live-in caregivers to move into the open work market before approval of their application for permanent residence will also assist caregivers in integrating into the Canadian labour market sooner and provides them the opportunity to contribute to the Canadian economy.

Procedures

For open work permit applications submitted from live-in caregivers, the Case Processing Centre in Vegreville will confirm that an application for permanent residence under the class has been submitted and will review the client history to confirm that the applicant has held work permits under the program for at least two years and there are no other issues of concern.