IP 4 – Processing Live-in Caregivers in Canada

Colin R. Singer
septembre 29, 2017

Nov 12, 2015 – Foreign Workers – Provincial Nominees or Permanent Residence Applicants

In many cases, applicants for permanent residence to Canada would need to wait for the authorities to finalise their permanent residence application assessments. However, they would still be able to apply for work permits while they wait for the authorities to complete finalising their permanent residence application assessments.

Provincial Nominees or Permanent Residence Applicants

IP 4 – Processing Live-in Caregivers in Canada

The Introduction

This chapter describes the procedures that officers in Canada use for processing the following applications under the purview of the Live-in Caregiver Program (LCP):

Applications for the renewal of work permits (same employer)
Applications for new work permits (for new employers or in case the employer moves to a new province or territory)
Applications for study permits and,
Applications for permanent residence

In some cases, officers would need to refer to OP 14 – Processing Applicants for the Live-in Caregiver Program chapter. This chapter specifically relates to the procedures that officers use for:

Overseas processing initial work permit applications under the Live-in Caregiver Program (LCP) and,
Overseas processing of applications for permanent residence from live-in caregivers’ family members living outside Canada

The Program Objectives

Citizenship and Immigration Canada (CIC) was responsible for establishing the Live-in Caregiver Program (LCP). They did so to meet a labour market shortage of live-in caregivers in Canada. At the same time, they aimed at providing certain individuals the avenue to work and eventually apply for permanent residence from within Canada.

The Live-in Caregiver Program (LCP) enables qualified temporary workers to come to Canada for providing the following services:

In-home child care
Senior home support care or,
Care of the disabled

The Live-in Caregiver Program (LCP) enables applicants to apply for permanent residence from within Canada after they 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 following their entry into Canada under the Live-in Caregiver Program (LCP)

The Act and Regulations

Officers would need to refer to the tables given below for finding references concerning the Live-in Caregiver Program (LCP) and the Immigration and Refugee Protection Regulations (IRPR).

For Information Concerning…	Refer to…
The authorisation for the application for permanent residence in Canada	R72
The definition of a live-in caregiver	R2
The medical examination requirements for live-in caregivers in Canada	R30 (2.1)
The live-in caregiver class	R113
The requirements for work permit	R111, R112
The application for permanent residence in Canada	R113
The requirements for family members	R114
The applicable times for conformity	R115
The requirements for studying without a work permit for short-term courses	R188
The application in Canada for a work permit	R207
The application in Canada for a study permit	R215

Similarly, officers would need to refer to the following forms concerning the Live-in Caregiver Program (LCP).

The Form Title	Form Number
The In-Canada Application for Permanent Resident Status	IMM 5002E
The Document Checklist – Live-in Caregiver	IMM 5282E
The Live-in Caregiver – Employer Declaration of the Hours Worked	IMM 5634E
The Application to Change Conditions, Extend my Stay or Remain in Canada	IMM 1249E

Note:

Officers would need to note that with respect to R115, not all requirements prescribed by the authorities in sections 112 to 114.1 of the Immigration and Refugee Protection Regulations (IRPR) would apply to each situation or point in time.

The Instruments and Delegations

Section 6 of the Immigration and Refugee Protection Act (IRPA) authorise the Minister to designated officers to carry out specific powers, in addition to delegating authorities. In addition, the section also specifies those ministerial authorities that the Minister cannot delegate. These authorities would typically relate to security certificates or national interest.

Under the provisions specified in the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship and Immigration has delegated powers. Moreover, the Minister has also designated the officers authorised for carrying out any purpose of any provisions that are legislative or regulatory. Officers could refer to these in the instrument IL3 – Designation of Officers and Delegation of Authority.

The Departmental Policy:

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