Permanent residence applications from live-in caregivers: Assessing eligibility to become a member of the live-in caregiver class
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The processing officer at the case processing centre (CPC) should assess an applicant against the selection criteria below, based on the information and documents provided in their application. Before approving an application, the processing officer determines whether the applicant meets the following requirements:
- they have submitted an application to remain in Canada as a permanent resident;
- they are a temporary resident;
- they hold a valid work permit as a live-in caregiver or an open work permit if they have completed the required work experience;
- they entered Canada as a live-in caregiver and have provided acceptable proof of having worked full-time as a live-in caregiver for a total of 24 months or a total of 3,900 hours in a minimum of 22 months within the 4 years immediately following their entry into Canada under the Live-in Caregiver Program (LCP) (this may include a maximum of 390 hours of overtime);
- the work permit associated with their initial entry as a live-in caregiver under the LCP was based on a Labour Market Impact Assessment (LMIA) that was requested from Employment and Social Development Canada/Service Canada on or before November 30, 2014;
- they have resided in a private household in Canada while working as a live-in caregiver;
- they have provided child care, senior home support care or care of a disabled person in a household without supervision;
- they and their family members are not the subject of any of the following:
- a subsection A44(1) report,
- an enforceable removal order,
- an admissibility hearing under the Immigration and Refugee Protection Act (IRPA),
- outstanding criminal charges,
- an appeal or application for judicial review;
- they did not enter Canada as a live-in caregiver as a result of misrepresentation of their education, training or experience, (this includes misrepresentation by another person);
- they have a Certificat de sélection du Québec (CSQ) (Quebec Selection Certificate) if they intend to reside in the province of Quebec. The CSQ must be valid at the time it is received by Immigration, Refugees and Citizenship Canada (IRCC). Once a valid CSQ is received by IRCC, it will be considered valid until a decision is rendered on the permanent residence application. If the CSQ validity date has expired in the Global Case Management System (GCMS) when a decision is to be taken, officers must manually update the “Valid To” field to the date that is equal to the validity of the medical results.
Live-in and live-out considerations
- Caregivers who work on a live-out basis are not considered part of the LCP, even if their previous work permit was issued under the LCP. They are not eligible to apply for permanent residence under the LCP.
- Caregivers who enter Canada as part of the LCP and subsequently choose to live outside their employer’s home may re-enter the LCP if they return to work as a live-in caregiver, provided that it is within the qualifying period for permanent residence application purposes.
Acceptable evidence of full-time employment as a live-in caregiver
Applicants must demonstrate that they have worked full time as a live-in caregiver for a total of 24 months, or a total of 3,900 hours in a minimum of 22 months, and must include all of the following:
- a Record of Employment (ROE) for all previous employers (applicants should have ROEs for each job, except their current job);
- contract(s) with any current and previous employers;
- a statement of earnings showing hours worked and deductions made by the employer(s);
- a record of wages and deductions sent to the Canada Revenue Agency (CRA) by the employer(s);
- Notice(s) of Assessment issued by the CRA for the 24-month period starting on the applicant’s date of entry under the LCP.
If the applicant is still employed by the same employer and any of the above documents are not available, they may provide a statutory declaration stating the terms and conditions of their current employment or a letter of employment signed and dated by the employer.
If the applicant chooses to have their work experience assessed against the hours-based calculation, they must include a completed and signed Live-in Caregiver – Employer Declaration of Hours Worked form [IMM 5634] (PDF, 589.28KB) as well as timesheets signed by any current and previous employers, indicating the date and number of hours worked, including overtime hours.
Although the required number of hours of employment may be attained by working for more than one employer or household, only one employer or household is permitted at the same time [R113(2)]. Breaks in employment are also acceptable.
- The total number of hours of required employment does not include absences from Canada (including work for an employer outside Canada), periods of unemployment and periods of live-out employment, sickness or maternity leave. Vacation leave, as outlined in provincial and territorial employment standards legislation, is counted towards the employment requirement. However, extended time outside Canada does not count (e.g., if the applicant leaves Canada for longer than the allowable vacation period allotted in their employment contract).
- If there are concerns about the principal applicant’s evidence of full-time employment, send the applicant a procedural fairness letter and afford them the opportunity to respond to the concerns.
- In rare cases that warrant further investigation, the processing officer should refer the application to the responsible IRCC inland office.
Positive eligibility determination
If an applicant is found to be a member of the live-in caregiver class under section R113, the CPC or the responsible IRCC inland office
- enters the eligibility decision in the GCMS;
- sends a letter advising the applicant that they meet the requirements to apply for permanent residence;
- requests any further information needed for processing the application for permanent residence under the LCP.
Eligibility for open work permits
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 under paragraph R205(a) (Canadian interests). This permit will be valid for a duration of up to 4 years (subject to passport validity). They do not have to wait for approval in principle. This will give the caregiver the flexibility to pursue other employment while their application awaits assessment.
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