Issuance and Renewal of Work Permits in Canada

Posted in Live In Caregiver Work Permit

Work permits are generally issued to match the duration of the job offer and Labour Market Opinion (LMO) issued by Human Resources and Skills Development Canada/Service Canada (HRSDC/Service Canada), and the Certificat d'acceptation du Quebec (CAQ) issued by the Ministère de l'Immigration et des Communautés culturelles (MICC) for live-in caregivers in Quebec, unless there are other factors which would restrict the duration for which a work permit may be issued (e.g., passport validity).

The officer assessing the application retains discretionary power with respect to the validity period of work permits and may set aside the general issuance policy where, in their opinion, circumstances warrant.

The total duration of all LCP work permits should not exceed four years and three months. The four-year period gives live-in caregivers sufficient time to meet the employment requirements of the LCP while allowing flexibility to compensate for periods of unemployment, illness, vacation or maternity leave. The additional three months affords caregivers a transition period during which they may apply for permanent residence.

Live-in caregivers must apply for renewal of their work permit as required before it expires in order to ensure that their temporary status as a worker continues under the same conditions until their application is processed and they have been notified of the decision (implied status).

Live-in caregivers may change employers but must obtain a new work permit, with a validated job offer in the form of a positive/neutral LMO from HRSDC/Service Canada, a CAQ if applicable, and a new employment contract, before working for the new employer.

If the live-in caregiver continues to work for the same employer, there is no need for a new LMO but a CAQ is required for live-in caregivers in Quebec. A letter from the employer stating that the live-in caregiver will continue to be employed on a full-time basis is sufficient. The employer and caregiver must also sign a new or extended employment contract.

If the live-in caregiver's emsployer moves to a new province/territory, they must obtain a new work permit, with a validated job offer in the form of a postive/neutral LMO from HRSDC/Service Canada, a CAQ if applicable, and a new employment contract, before working for their employer in the new location.

If the live-in caregiver's employers divorce and both employer's names are on the work permit, a new work permit is not required. The caregiver can simply send a letter to CPC-V to advise of the change. However, should the employer divorce, or one of the employers is deceased and only one name is listed on the work permit, the caregiver must obtain a new work permit.

Live-in caregivers must continue to meet the requirements of the LCP in order to be eligible for a new work permit or a work permit extension under the LCP.

Live- in caregivers may not accept any other type of employment without a valid work permit. Any time that a live-in caregiver works outside the home of an employer under the LCP on a non-LCP work permit will not count towards the period of employment required to be eligible for permanent residence as a live-in caregiver.

Live-in caregivers can only work under the LCP for the employer(s) named on their work permit. They may not work in a caregiving capacity for anyone other than the person(s) identified on their LCP work permit at any one time. In doing so, a live-in caregiver risks losing their status in Canada and being disqualified from the program.

Tags: live-in Caregiver work permit Work Permit Canadian Temporary Residence Canadian Immigration Issuance and Renewal of Work Permits in Canada