Permanent residence applications from live-in caregivers: Making a final decision
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.
To finalize the case, the Case Processing Centre (CPC) does the following:
- confirms in the Global Case Management System (GCMS) that the applicant and all their family members have satisfied all statutory requirements and have valid clearances;
- sends an electronic draft of the Confirmation of Permanent Residence [IMM 5688] to the appropriate Immigration, Refugees and Citizenship Canada (IRCC) inland office for the principal applicant and family members in Canada;
- includes the names of family members living abroad, the responsible visa office, the file number, the Live-in Caregiver Program (LCP) code and the permanent resident category (LC);
- issues an approval letter (available internally only) to the principal applicant informing them that the processing of their application is now complete and that IRCC will be in contact to arrange a landing appointment;
- if the CPC is processing the principal applicant’s overseas family members,
- provides instructions to the principal applicant regarding the requirement for their accompanying family members to submit their passports to the visa office in Manila,
- adds Manila as the secondary office and removes the application from any active processing groups in GCMS,
- enters a final disposition on the LC2 application in GCMS after the principal applicant has landed as a permanent resident;
- enters a final decision in GCMS in the LC category.
The remainder of the process is completed by an IRCC inland officer, who does the following:
- prints the Confirmation of Permanent Residence [IMM 5688] and requests that the principal applicant and their family members in Canada appear for a landing interview;
- grants permanent residence to the principal applicant and family members in Canada;
- if the principal applicant has family members overseas,
- informs the responsible visa office that permanent residence has been granted to the principal applicant so that the visa office may issue permanent resident visas to overseas family members being processed concurrently;
- sends instructions to the principal applicant on how their family members must send their passports to the appropriate visa office (this is done for all visa offices, except Manila).
Note: If, during a landing appointment, the principal applicant informs the IRCC inland office that they would like to change the status of one or more of their family members (i.e., from accompanying to non-accompanying) and there is no indication that the processing office has been informed of this change, the officer must cancel the appointment and advise the principal applicant that their landing will be deferred until further review. The officer must then send this new information to the appropriate processing office.
Process at the visa office
Upon notification from the IRCC inland office that an LC principal applicant has been granted permanent residence, the visa office (including Manila) responsible for any accompanying overseas family members should:
- confirm that the right of permanent residence fee has been paid for all accompanying family members;
- confirm, when applicable, that all medical and criminality checks as well as travel documents are still valid and will remain valid long enough for the applicant(s) to be admitted to Canada;
- if any of the above cannot be confirmed, refer the application back to the processing office for review;
- issue Confirmations of Permanent Residence and, when applicable, visa counterfoils to all accompanying family members.
When a case is refused, the CPC does the following:
- sends a letter to the principal applicant explaining the reason for the refusal;
- if the applicant is in Canada and is refused for inadmissibility,
- takes appropriate action(s), depending on the inadmissibility (i.e., refers to the IRCC inland office to write a subsection A44(1) report, which could lead to an admissibility hearing or a removal order);
- consults chapters ENF 1 (PDF, 618.98KB), ENF 2/OP 18, ENF 3 (PDF, 626.22KB) and ENF 5 (PDF, 421.72KB) for more information on inadmissibility and the actions to be taken;
- shows the final disposition on the LC2 file as “Refused”.
If the file has been sent to a visa office overseas, the visa office does the following:
- shows the final disposition on the LC2 file as “Refused”;
- advises the CPC (or the IRCC inland office, as applicable) of the refused overseas family members.
Note: The visa office does not inform family members of the final disposition of the case or send a refusal letter. Rather, the CPC (or the IRCC inland office) is responsible for notifying the principal applicant and sending the appropriate letter.
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