Permanent residence applications from live-in caregivers: Assessing admissibility requirements
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
Once the Case Processing Centre in Vegreville (CPC-V) or the responsible Immigration, Refugees and Citizenship Canada (IRCC) inland office has determined that the principal applicant is a member of the live-in caregiver class under section 113 of the Immigration and Refugee Protection Regulations (IRPR), all family members in Canada or abroad who are identified in the application (whether accompanying or not) must undergo medical, criminal and security checks to determine admissibility.
Live-in Caregiver Program (LCP) applicants cannot be granted permanent residence if they, or any family members, are inadmissible under sections 33 to 42 of the Immigration and Refugee Protection Act (IRPA). When applications for the principal applicant and their family members are being processed concurrently at different offices, a final decision cannot be made until it has been determined that all applicants are not inadmissible.
Officers should refer a case to the responsible IRCC inland office if
- there are concerns regarding the identity of the principal applicant;
- the case is complex or exceptional;
- an interview is warranted;
- misrepresentation is suspected;
- there are serious criminality or security concerns, as described in section A34, section A35, subsection A36(1), section A37 or section A40.
For detailed information about determining admissibility, refer to chapter ENF 2/OP 18, Evaluating inadmissibility (PDF, 726.46KB).
Foreign nationals who have applied for permanent resident status and are members of the live-in caregiver class are exempt from the requirement to submit to a medical examination [R30(1)(g)], unless there is reason to believe that the live-in caregiver has a health condition that may endanger public health or safety [R30 (1)(a)(iv)].
Conversely, family members in Canada or abroad must always complete and pass a medical examination as part of a live-in caregiver’s application for permanent residence.
How to determine if a medical examination is required
Situation 1: At the time of the submission of the application for permanent residence, the officer does not have reason to believe that the principal applicant has a health condition that is likely to be a danger to public health or safety.
For example, previously assessed
- M1 case;
- M2/S2.04 case (adequately treated syphilis);
- M3 case (when the initial diagnosis does not mention any risk to public safety).
- Do not request that the principal applicant complete a subsequent medical examination as part of their application for permanent residence.
- Accept the previous medical result and record the medical assessment for the permanent residence application as “Passed”.
Situation 2: An immigration officer has new medical information that suggests that the applicant may be a danger to public health or safety, or, at the time of the submission of the application for permanent residence, the officer has reason to believe the applicant has a health condition that is likely to be a danger to public health or safety.
For example, previously assessed
- M2/S2.02 case (inactive pulmonary tuberculosis) (only in cases where the imposed condition to report for medical surveillance remains and there has been no proof of compliance);
- M3 case (where the initial diagnosis could lead to a risk to public safety).
- Send a request to the Health Branch regarding the concerns identified. The email subject should be “LCP-Concurrence to request a medical examination”.
- Upon receiving concurrence from the Health Branch, request that the principal applicant complete a new medical examination.
- If the Health Branch does not concur, accept the previous medical result and record the medical assessment for the permanent residence application as “Passed”.
Inadmissibility and non-accompanying family members
- The CPC-V should review Global Case Management System (GCMS) notes from the initial work permit application at the visa office to verify that the visa officer confirmed the applicant’s marital status. The CPC-V may ask the visa office to confirm or discredit the statutory declaration or other information provided by the live-in caregiver concerning their marital status at the time of their application for permanent residence.
- A non-accompanying family member may become an accompanying family member only if requested by the principal applicant before permanent residence has been granted and if the appropriate fees are paid at the time the request is made.
For more information about processing family members, see section 5.12 of chapter OP 2, Processing members of the family class (PDF, 719.93KB), and section 8 of chapter OP 24, Overseas processing of family members of in-Canada applicants for permanent residence (PDF, 221.88KB).
Processing family members
The eligibility of most family members is determined by the visa office responsible for the family member’s country of residence.
However, if the family members are serviced by the Manila visa office,Footnote 1 the CPC-V completes the eligibility assessment. If, in these cases, the eligibility or admissibility assessment of the overseas family members is deemed complex, the processing of the overseas family members is referred to the Manila visa office. In these cases, Manila is added as a secondary office, and the application is removed from any active processing groups.
Ineligible family members
If, after reviewing an application, an officer believes that the declared spouse or declared dependent children are not members of the family class as de fined in the IRPR, they should apply procedural fairness, outline their concerns to the applicant and provide a deadline for the applicant to submit additional information about the ineligible spouse or dependent children. If, by the deadline, the officer still believes that the spouse or dependent child is ineligible, the officer should remove the ineligible dependant and continue to assess the admissibility of the remaining family members. The officer must send a removal letter explaining why the ineligible family member can no longer be included in the application and cannot be issued travel documents. If the family members are being processed outside Canada, the visa officer must also inform the CPC-V (or the IRCC inland office, as applicable) of the removal of the declared dependant.
If the ineligible family member is being processed on the LC application or is a child on an LC2 application, this family member should be disassociated from the application with the reason listed as “Ineligible family member”.
If the ineligible family member is the only applicant being processed on the LC2 application (spouse or only child), the Eligibility activity should be set to “Failed”, and the final disposition of the LC2 application should be set to “Withdrawn”.
Inadmissible family members
If, after reviewing an application, an officer believes that a family member of the principal applicant is inadmissible, they should apply procedural fairness, outline their concerns to the applicant and provide a deadline for the applicant to submit additional information about the possible inadmissibility. If no additional information is provided by the deadline, or the additional information does not change the inadmissibility assessment, the officer must refuse the application. On LC2 applications, a final decision of “Refused” must be entered.
If the family members are being processed outside Canada, the visa officer must notify the CPC-V (or the IRCC inland office, as applicable) of the inadmissible family member. The CPC-V (or the IRCC inland office) is always responsible for notifying the principal applicant of the inadmissible family member and, subsequently, the refusal of their application, even when the family members are processed by a visa office. On LC applications, while the office processing the inadmissible family member will set the admissibility activity as “Failed”, the CPC-V (or the IRCC inland office, as applicable) will enter the final refusal decision.
Non-compliant family members: requests for information or medical examinations
Officers must ensure that procedural fairness (PDF, 597.29KB) has been respected before closing an application. Although the person is inadmissible when failing to comply, the principal applicant must have been given an opportunity to provide documents or information in response to the original request. Therefore, the principal applicant as well as the CPC-V (or the IRCC inland office, as applicable) should be included in all procedural fairness correspondence sent to overseas family members. Correspondence should also be recorded and uploaded in GCMS.
When there is non-compliance by overseas family members and sufficient opportunity has been given to submit the information or undergo a medical exam, the officer must assess the application based on the information on file and find the applicant inadmissible as per section A11 (pursuant to subsection A16(1) or (2), or paragraph R30(1)(a), as applicable).
If the overseas family members are being assessed on a separate LC2 application, a new eligibility activity should be created and set to “Failed”, and the final disposition should be set to “Refused”. Subsequently, the CPC-V (or the IRCC inland office, as applicable) must be advised.
If the overseas family members are being assessed on the LC application, the CPC-V (or the IRCC inland office, as applicable) must be advised immediately of the inadmissible family member and that processing of the overseas family members has been completed.
In either case, the CPC-V (or the IRCC inland office, as applicable) must take the appropriate action.
- If the CPC-V determines that the principal applicant has been adequately notified of the request, they should assess and conclude the application based on the information on file and refuse it on non-compliance.
- If the non-compliance is determined by a visa office, the CPC-V should send another procedural fairness letter notifying the principal applicant of the non-compliance by overseas family members.
- If the CPC-V determines that the additional time requested by the principal applicant or their family members is unwarranted, they should assess the application based on the information on file and refuse it on non-compliance.
For further guidance on non-compliance, refer to section 10 of chapter ENF 2/OP 18, Evaluating inadmissibility (PDF, 726.46KB), and section 5.12 of chapter OP 2, Processing members of the family class (PDF, 719.93KB).
Assessment of overseas family members
If, after reviewing the application, a visa officer determines that all overseas family members are admissible and have met statutory requirements, the visa officer should send an email to the CPC-V (or the IRCC inland office, if applicable) to advise them of such.
If the overseas family members are non-accompanying, the final disposition of the LC2 application should be set to “Withdrawn” and a note should be entered indicating that the file was closed because the overseas family members are non-accompanying. A non-concurrent closure letter must be sent to the family members.
If the overseas family members are accompanying, the officer should await notification from the IRCC inland office that the principal applicant in Canada has landed before issuing travel documents to the overseas family members. If applicable, the officer should also ensure that the Declaration from Non-Accompanying Parent/Guardian for Minors Immigrating to Canada form [IMM 5604] (PDF, 609.23KB) and a signed photo identification is on file for minor dependants.If this form or an appropriate document in lieu of consent (court order or custody agreement) cannot be provided, the minor cannot be issued travel documents and will be changed to a non-accompanying dependant. A final decision of “Approved” should be entered on LC2 applications for accompanying overseas family members only after the principal applicant on file has landed.
For further guidance on consent, refer to sections 5.7 and 5.8 of chapter OP 1, Procedures (PDF, 597.29KB).
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