Applying for Permanent Residence through Live in Caregiver Program

Live in Caregiver Program

A live in caregiver is a person that was approved under the Live-in Caregiver Program from a visa office that is located outside of Canada to work in Canada. This person must have a valid Work Permit with an employer in Canada to work as Live-in Caregiver for children, seniors or children with disabilities.

Live in Caregiver Employment Requirement when Applying for Permanent Residence

To be able to apply for permanent residence under the Live in Caregiver Program, as the live-in caregiver you must have completed full-time employment within the four years you entered Canada as a live-in caregiver.

So as the live-in caregiver you have either completed 24 months of authorized full-time employment within the four year period since your arrival in Canada OR you have completed a total of 3,900 hours of authorized full-time employment within the four year period since your arrival in Canada. The hours can be completed within a minimum of 22 months and you can include up 390 hours of overtime.

Please note that when you calculate your work experience you cannot include

Any period of unemployment
Any absence from Canada
Any period you worked for your employer outside of Canada
Any Periods of “live-out” employment on a non-LCP work permit

Sickness or parental leave

Remember you can count your vacation leave that you are entitled too and that meets provincial or territorial employment standards legislation.

What Can and Cannot Affect my Permanent Residence Application?

Your Permanent Residence (PR) application Can be affected if you, your spouse or common- law partner or any of your family members have a criminal record or serious health condition that can pose security risk to Canadian citizens. Another reason your PR application can be affected if you misrepresented yourself such as lying on your forms or withholding information when questioned by the immigration officer.

Your Permanent Residence application is NOT affected if you upgrade your skills in Canada, do volunteer work, your marital status changes or the number of family members you have in your home country.

Do I have to mention all my Family Members for Permanent Residence?

When applying for any permanent residence application you must list all your family members. Should you fail to list the family members in your application you will never be able to sponsor them again. You must list all your family members in your application such spouse or children. Should you fail to mention family members in the application then you will never be able to sponsor them in the future or the application will be refused for misrepresentation. The family members that are mentioned in the form need to have medical and security check-up done when the application is getting submitted. Even if family members are not joining you they have to get the medical and criminal background check done and included in the application as you cannot add them on a later date.

Can I Apply for Open Work Permit at the Same Time?

When applying for Permanent Residence through Live in Caregiver Program (LCP) you can apply for Open Work Permit at the same time. The Open Work Permit allows you to work for any employer in Canada for the length of time stated on your permit. The Open Work Permit is not restricted to one employer or particular type of job; you can work for any employer or any job giving you the freedom unlike the Closed Work Permit.

Of course you have to be eligible to apply for the Open Work Permit. You have either submitted your application for Open Work Permit and your application for Permanent Residence at the same time OR you have already applied for Permanent Residence under the Live-in Caregiver Program.

Also, as the live in care giver you must have held valid work permit under the program for two years or more OR have worked at least 3,900 hours or two years as a live-in caregiver within four years since you arrived in Canada.

Once you know you are eligible to apply get the application package that includes the guide and all the forms you need to complete the open work permit application. Include all required documents with your application, should you not meet requirements refund for processing is not provided. So you have to pay the work permit processing fee but not the open work permit holder fee.

Once you have paid the fees, you are ready to submit the application. Make sure you submit it to the correct mailing address. If you are applying for your PR at the same time then send both applications in the same envelope, before your current work permit expires. With your application including your file number, your full name, your date of birth and a letter explaining why you are applying for an open work permit. The application should be submitted at least 30 days in advance before the current work permit expires and keeping a copy of your entire application.

Can I apply for Permanent Residence if I quit my Job?

Prior to quitting your job it is best to resolve your situation with your employer. Should you decide to quit, give your employer sufficient to replace you. Also you check your contract on how much time of notice you have to give your employer, unless you are being abused then you can quit right away. If you are being abused you may be eligible for emergency processing of a new Live in Caregiver Program Work Permit to help you transition to a new employer.

If you feel that you have been a victim of abuse in your workplace, you may be eligible for the emergency processing of a new Live-in Caregiver Program work permit to help you transition to a new employer as quickly as possible. You can call the government number at 1-888-242-2100 to see if you qualify for emergency processing of a live in caregiver work permit.

The documents you will need from your employer include:

Any overtime hours you have worked
Your Record of Employment (ROE) – which shows your reason for leaving, hours you have worked, gross earnings and money paid or payable at the time you left your job.

Your employer is legally responsible to provide the ROE, should you face problems receiving your ROE contact your local ESDC/SC centre and ask an official to contact your employer.

The ROE is very important when applying for permanent residence as it serves as proof that you have worked the hours you have claimed.

I got Fired from my Job can I still apply for Permanent Residence?

When getting dismissed from your job you are entitled to getting Employment Insurance benefits (EI). To be able to claim benefits you will need your ROE from your employer. If you have not received your ROE, you can still apply for EI but your employer is legally responsible to provide you that. You are responsible of finding a new employer and obtaining your work permit. Your period of unemployment will unfortunately delay you from applying for permanent resident status as you have to complete certain amount of hours during a specific period of time.

Can I go on Vacation or Leave Canada Permanently while application in PR application in processing?

If you have submitted a permanent residence application through the Live in Caregiver Program and you decide to leave Canada for any reason, you may potentially need to reapply for Temporary Resident Visa (TRV) before coming back to Canada. Before you exit Canada you should apply for a new TRV from within Canada.

If you have left Canada for more than one year or your work permit has expired, you will have to reapply from outside of Canada through visa office or a visa application centre to return to Canada.

Contact Akrami & Associates

If you are Live-in Caregiver and like to apply for Permanent Residence but not sure if you qualify then contact Akrami & Associates today!! Our immigration experts have assisted many foreign workers obtain permanent residency in Canada and we can help you too. Contact us today at 416-477-2545 for a consultation.

With Akrami & Associates there is always a way!!

Shabnam Akrami

Shabnam Akrami is the Managing Partner and Founder of Akrami & Associates. p> Prior to receiving her Paralegal Diploma with Honours, she completed her Law Degree from the UK at the University of London as well as completed a Post Graduate Diploma. In addition, she has also graduated from York University where she received both her Bachelor in Criminology and Masters in Socio-Legal Studies. She is also a Member in good standing with Law Society of Upper Canada. Prior to opening her own firm, she gained extensive experience in corporate immigration law; specializing in work permits, temporary resident permits and rehabilitation cases. She has in depth and hands on experience in all Canadian Immigration and Citizenship matters. These matters include preparation and submission of applications for permanent residence, work permits, NAFTA applications, labour market opinions, temporary resident permits, sponsorships, and business investors. Shabnam is dedicated to all her clients and committed to the successful completion of all the immigration matters in her care. With Shabnam, there is always a way!