Permanent Residence for Live-In Caregivers
Certain aliens who have worked in Canada as live-in caregivers may seek permanent residence after certain conditions have been met. According to S. 113 of the IRPR, a foreign national becomes a member of the live-in caregiver class (and is therefore eligible for permanent residence) if:
1. They have submitted an application to remain in Canada as a permanent resident;
2. They are a temporary resident;
3. They hold a work permit as a live-in caregiver;
4. They entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the four years immediately following their entry,
1. Resided in a private household in Canada, and
2. Provided child care, senior home support care, or care of a disabled person in that household without supervision;
5. They are not, and none of their family members are, the subject of a removal order or an admissibility hearing under the Immigration and Refugee Protection Act ("IRPA") or an appeal or application for judicial review arising from such a hearing;
6. They did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training, or experience, and
7. Where they intend to reside in the Province of Quebec, they competent authority of that Province is of the opinion that they meet the selection criteria of the Province.
The cumulative period mentioned above may be in respect of more than one employer or household and need not be without interruption. However, it may not be in respect of more than one employer or household at a time (i.e. concurrent employment).
Permanent Residence Application Procedure
Once the applicant has met the above requirements, he or she may complete an application for permanent resident status. As part of this filing, the applicant must prove that he or she has worked as a full-time live-in caregiver for two years. As proof of employment, a statement of earnings, T4 slips, or other similar documentation should be submitted. If the applicnat has changed jobs since his or her arrival in Canada, records of employment from each of the former employers should also be submitted.
The live-in caregiver application for permanent residence will not be assessed on the basis of the applicant's financial situation, skills upgrading in Canada, volunteer work, marital status or the number of family members in the country of origin. A live-in caregiver can be found ineligible for permanent residence if he or she, his or her spouse or common-law partner, or any of his or her family members have a criminal record or a serious medical problem.
Once the applicant has received a favourable assessment on his or her application for permanent resident status as a live-in caregiver, he or she may apply for an open work permit. This allows the applicant to take ANY job while the permanent residence case is pending.
hello there i am new in this forum. anybody have an opinion about my application... i completed my 24 months last feb 2011. I was issued ROE coz my employer passed away but my permit valid until dec 2012. Then i applied nwp for new employer valid until dec.2012. i sent my application May 2 then received May 7 and started application May 27, 2011. my question is can my papers be affected if i become unemployed while waiting for OPW...? is anybody have an idea / Thanks....
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