Live-in Caregiver: after applying for PR

[Basya]

I was told by Immigration officer that  after applying for PR I have to continue working as a full-time live-in caregiver. If I get fired or quit and the immigration office finds  out, the processing of my application will be stopped until I  start working again as a live-in caregiver. As I understood this means that  I have to work as a live-in caregiver   up to 3 years considering the current processing time. Is this true? Can I apply for a work permit in any other occupation or at least as a live-out? thanx a lot

[Leon]

After 2 years as a live in caregiver, you can apply for an open work permit at the same time you apply for PR.  The open work permit should be issued at your first stage approval which takes about 6 months. 

[Basya]

Thanx for a quick reply. I do know about the open work permit.  My question is : Can i  work as live-out nanny or do other  job these 6 months while I am waiting?  I have a job offer and my employer is willing to get a new LMO and I am willing to apply for a regular (not open) work permit just to do something different  during the 6 -7 months waiting  period?

[Leon]

If it is an open work permit, I would assume you can use it to do anything you want.  The IO may have been wrong.  Try calling CIC and asking them once more.  Maybe you will get somebody different this time.

I found this for you:

Becoming a permanent resident of Canada

You can apply to become a permanent resident of Canada as a live-in caregiver if you meet the requirements. In this section, read about:

    * an open work permit
    * applying for your family at the same time
    * requirements to become a permanent resident
    * what can affect your application
    * permanent residence in Quebec

Open work permit

You can apply for an open work permit at the same time that you apply for permanent resident status. An open work permit allows you to take any job you wish.

[Basya]

Yeah, I think I would have to call again and try my luck. My problem is that my husband is in Canada now too. I have completed 2 years of employment. Now while  my application is in process I would like to work as a live-out and live with my husband. 6 month is a pretty long time and  no garuntee after 6 motnhs, it could be 7 and 8.  That is why I am looking for  regulations or law that explains the process  and options after 2 years of employment and BEFORE open work permit is issued.

[Leon]

You can talk to an immigration lawyer about it if you can afford to or if you can't, you can go to a newcomer/immigrant centre and see if they can give you any advice.  I don't remember having seen anything saying that a live in caregiver has to continue to work as a live-in caregiver while their application is being processed but that doesn't mean it doesn't say somewhere just because I haven't seen it.

[ella7]

hi
I have the same problem, I have to work as a live in caregiver untill December to fullfill my 24months. And my employer doesnt need me after December. So I have to find the other place.I m fed up with all kind of these things, and i was alone almost two yrs away from my family. i m very depressed
 my idea is to be a unemployee untill my open workpermit recieved. My fiance is here, i want to be with him, and he can efford my expences too.
I would like know is that oki to be a unemployee through the processing period of PR and WP application.? because i know we cant work live-out or and the other kind of job. please help ?
Thank you

[Basya]

Theoretically i think  we can try to find another job, but it would probably be hard to get LMO and another work permit (while waiting for an OWP). LMO might take same 6-8 months to issue. Vacation or unemployment could be  an option. But you have to be very careful. I contacted immigration consultant  and she said  there re lots of refusals on  PR applications from Live-in caregivers. It is wise to stay employed and do not leave the country until the decision is made.  But  I understand you completely, even 1 extra day as live-in is  hard enough never mention extra 7 months. I think Leon is right, we have to contact immigration lawyer. They might give a good advice. I was at newcomers/TFW office, their answer was: be patient and wait, continue to work as live-in:(
Another advice to you. You still have time till December. get your application kit completed including police certificates from each country where you lived since 16 and Option C Printout from CRA. Sometimes it takes time for them to issue and to be delivered by mail. Do not waste time, it is precious.
Lots of luck to you and your fiance!

[Leon]

At http://www.cic.gc.ca/english/work/caregiver/associations.asp you can find live in caregivers associations which may be able to help you.  I don't know if it is a component of the live in caregiver program that you have to stay a live in caregiver until your open work permit comes through.  If you don't know that for sure, it would not be a good idea to jeopardize the PR application by getting an LMO and changing your work permit.

If you look at http://www.cic.gc.ca/english/work/caregiver/extend-stay.asp#quit it certainly seems you can quit your job if you want to and if you look at the section below, if you lose your job through no fault of your own, you may qualify for EI.  All it really says is that you have to work 2 years as a live in caregiver in order to apply for PR and not really what you can do after that.

[ella7]

Thanks Leon and Basya, I m going to discuss with my employer to keep my employment for few months after December, may be untill open work permit comes. thanks Basya, I already got application kit and gathering documents these days. If any new news please update through this forum, its really helpfull.
Thank you both of you.

[Basya]

When you discuss it with your employer keep in mind that it takes now about 7-8 months to get an open work permit (Vegreville, Alberta). Check processing time  where you will apply. Good luck!

[ella7]

Thanks Basya, . My employer is soo good, still I didnt change the employer after I came here to canada.
 In this December I will be elligible to apply for the PR. My employer dont need  me any more after December, because kids are grownup now, but she agrees to keep the employment for 4 months after December. because she wants to help me. The thin is I cant ask more time,, because they have done lots for me. The other thing is I m from Toronto, I have friends who is doing nanny jobs, some of them got their OWP withing 4-5 months. One nanny got her OWP last week, she told me she got 5 month for that. I dont know how its gonna work for me. Its hard,, I dont want to even think about it, but I have to.
 And the other thing is one of nannies who alredy got her OWP said,, CIC office called her during the processing time, and asked "do u still working with your employer???".  So it is scary to be a uneployee or vacation during the processing time. I dont know y CIC ask like that.

Thanks all,, please post any updates.

[safii]

hi
ella did u extend ur work permit for 4-5 months after december.

[ella7]

I did extend my work permit last sep 2008, It says its valid for untill 29th jan 2011.
Its got 3months processing time for the same employer. I have another question, plese reply me, I have an idea to go back
 home(Sri Lanka) after i get my open work permit, is that safe to go back home for few weeks while processing PR?. I have multple entry. If it is possible, how long can I be away from Canada? should I need to get special permission from CIC ? please reply me kindly
I m badly want to c my parant, I didnt c them for 2yrs now.
Thank you

[Binoo]

Hi Ella,

I also in a same situation like you. Three weeks before I sent my PR application along with OWP application. My employer likes to keep me untill i get OWP but I don't like to satay. They are not paying and treating me but they shows CRA the right amount. It is very hard to work with them cause i have to care my family in backhome. As I know do not try to leave until you get your PR. Pls. keep in touch with me.[/color]