live in caregiver application for PR

[job_seeker]

is it ok if im going to use my old contract,coz i just want to have extension for my wp  w/ the same employer.do i need to ask her for a  new contract?thanks 

Hi,

Your inbox is full. Can't reply to your PM.

[sarcasmo]

Sorry to bump an old thread but our caregiver is in a near identical situation:
1. Work permit expired June
2. Had <3900 hrs so couldn't apply for PR
3. Applied for an work permit extension in May
4. Provided CIC with 1 yr contract extension (same employer), original contract, letter of offer
5. CIC rejected because LMO expired

The CIC is right, the LMO is expired but IP-04 8.2, makes no statement about a LMO when applying for an extension under the same employer. Also, the "Directives for Assessing Labour Market Opinions for Live-in Caregivers" section 8 (sorry, can't post the link, google it) states the no LMO is required for extending a caregiver position.

Is the CIC's position correct? If not, what recourse do I have (ie who do I contact)?

Thanks

[job_seeker]

http://www.cic.gc.ca/english/resources/manuals/ip/ip04-eng.pdf  item 5.3

5.3. Issuance or renewal of work permits in Canada
Work permits are issued for one year at a time. Live-in caregivers must apply to CPC-V for a
renewal of their work permit before it expires.
They may change employers but must apply for a new work permit, with a validated job offer and
a new employment contract. If the caregiver continues to work for the same employer, there is no
need for a new validation. A letter from the employer stating that the live-in caregiver will continue
to be employed full time for another year is sufficient. The employer and caregiver must also
extend their employment contract for another year.
Live-in caregivers must continue to meet the requirements of the LCP.

I take this as not needing a new LMO.

[sarcasmo]

Sorry for being obtuse, but unless I'm missing something, it looks like we did everything right. The only thing I can see is the "continue to meet the requirements of the LCP". Does that mean we need a valid LMO? The LCP site says we don't need it. What recourse do we have? Do we just send letter to CPC-V to politely ask them to reconsider?

[sarcasmo]

Sorry, I didn't see the "I take this as not needing a new LMO" bit at the end. (I'm a little worked up here.) Thanks for the clarification. I'm still wondering who I contact to help us straighten this out.

Thanks

[job_seeker]

Sorry, I didn't see the "I take this as not needing a new LMO" bit at the end. (I'm a little worked up here.) Thanks for the clarification. I'm still wondering who I contact to help us straighten this out.

Thanks

Hi,

What was the reason given for the refusal?

[job_seeker]

Did you execute a new contract? She needs a new contract and a letter from you informing CPC of your further need for her services. She can apply again but she may need to apply for restoration of status if she is already out of status.

[sarcasmo]

"Your application for a work permit cannot be approved as requested without a valid Labour Market Opinion and Confirmation from HRSDC" is the reason they gave. We obtained an LMO when our caregiver started employment and CPC has it on file. We provided them with a copy of the new contract and a letter need for services. I'm pretty sure we did everything right. Apparently an LMO is required for other categories of jobs but not LCP. Can we ask CPC to review the case?

[job_seeker]

"Your application for a work permit cannot be approved as requested without a valid Labour Market Opinion and Confirmation from HRSDC" is the reason they gave. We obtained an LMO when our caregiver started employment and CPC has it on file. We provided them with a copy of the new contract and a letter need for services. I'm pretty sure we did everything right. Apparently an LMO is required for other categories of jobs but not LCP. Can we ask CPC to review the case?

You can probably call CIC. If you did everything "by the book" then the officer erred in giving a refusal. Did she send a copy of her previous WP with you, with the application package?