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| Live In Caregivers |
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Prepared By Rishma N. Shariff
The content of this article is intended to be informational only. We
caution you against using or relying upon any information contained
in this article without first seeking legal advice regarding your
particular matter. All matters arising from the use of our website,
including this article, shall be governed by Alberta law and shall
be within the exclusive jurisdiction of the courts of Alberta
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| (Updated as of January
2005) |
Canada’s Live-in Caregiver
programs provides a unique opportunity for a professional caregiver
to work in Canada and then apply for permanent residency after two
years.
The Immigration and Refugee Protection Act defines a “live-in
caregiver” as follows:
Live in Caregiver - a person who resides in and provides child care,
senior home support care or care of the disabled without supervision
in the private household in Canada where the person being cared for
resides.
There is a specific requirement that the person providing care to a
child, senior citizen or disabled individual do so on a live-in
basis.
Live-in Caregiver Qualifications
In order to be considered for a work permit under the Live-in
Caregiver program, Canadian law requires the following:
1. The caregiver must apply for a work permit prior to coming to
Canada;
2. The caregiver must have completed a course of study that would be
equivalent to successful completion of a secondary school in Canada;
3. The caregiver must have completed a six-month full-time training
course related to the work being sought in Canada or have one year
(within the three years prior to making the application) of full
time paid employment related to the work being sought in Canada. At
least 6 months of this work experience must have been with one
employer.
4. The caregiver must also be able to speak, read and understand
English or French at a level that allows effective communication;
5. The caregiver must have a contract with the future employer.
Application Procedure
The application process begins with the offer of employment being
“validated”. This occurs, when the employer takes the first step of
submitting a request to hire a live-in caregiver to Human Resources
and Skills Development Canada (HRSDC). The request will require the
employer to prove that there are no suitable and qualified Canadian
citizens or permanent residents available to do the work. If HRSDC
is satisfied that efforts have been made to find Canadians to fill
the position and that these efforts have been unsuccessful, the
offer of employment will be validated and a confirmation letter will
be forwarded to the employer.
The employer and the applicant will then submit the live-in
caregiver application to the visa office. If the application is
approved, the applicant will undergo security checks and a medical
examination. If all requirements under the Act are met, a work
permit will then be issued.
Obtaining Permanent Residence
A live-in caregiver becomes eligible to apply for permanent
residence if the following conditions have been met:
1. An application is submitted to remain in Canada as a Permanent
Resident;
2. The applicant continues to hold a work permit as a live-in
caregiver;
3. The applicant entered Canada as a live-in caregiver and, for a
cumulative period of two years within the three years immediately
following entry into Canada,
1. The applicant resided in a private household in Canada, and
2. Provided child care, senior support care, or care of a disabled
person in that household without supervision.
If these conditions are met, and there are no other issues such as
outstanding removal orders or other factors affecting admissibility,
the live-in caregiver may make an application for permanent
residence. This application may be made within Canada and the
caregiver is not required to leave Canada in order to obtain
permanent residence.
Eligible family members (such as a spouse or dependent children) of
the live-in caregiver may also apply to remain in Canada as a
Permanent Resident or, if living abroad, may apply to the overseas
visa office as an accompanying dependent of the caregiver. All
family members are subject to the same security and medical
admissibility requirements as the caregiver. The live-in caregiver
will not be granted permanent residence until all family members
have cleared their medical and security screening.
If you would like assistance with making an application for a PR
Card please feel free to contact us by email at:
immlaw@caronpartners.com |
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