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Live-in caregiver work permit-refused

wie

Member
Jul 14, 2010
18
0
We had all of the above
she was deemed qualified but refused on the basis of being a relative to the employer
visa officers have all the power to make personal decisions despite the facts
unfortunately!
 

bob02

Star Member
Jan 27, 2010
54
0
Has some one seen a brother or sister being selected as a caregiver??

@job_seeker:In your givin example,the candidate was not a brother/sister and was selected.Does that mean a candidate will have a better chance if his employer should be brother or sister in law instead of a brother or sister??
This is my assumption though!! ::)
 

bob02

Star Member
Jan 27, 2010
54
0
wie said:
We had all of the above
she was deemed qualified but refused on the basis of being a relative to the employer
visa officers have all the power to make personal decisions despite the facts
unfortunately!
Can you describe her professional qualification? was the post she was applying in match to her caregiving qualification??For example, child hood education if she was seeking work permit for a baby sitter... etc?
This is bad..but what steps will you take to make her accepted?
Have you consulted any lawyer?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
bob02 said:
Has some one seen a brother or sister being selected as a caregiver??

@ job_seeker:In your givin example,the candidate was not a brother/sister and was selected.Does that mean a candidate will have a better chance if his employer should be brother or sister in law instead of a brother or sister??
This is my assumption though!! ::)
bob02:
What I am saying is, it is possible. The caregiver was probably the most qualified among the applicants. She is a sister; the brother is also an employer (he contributes to the household income). But the important thing is she (the caregiver) is qualified, and among the applicants is the most qualified. You have a better chance if you have experience being a paid nanny or caregiver.

http://www.cic.gc.ca/english/work/caregiver/apply-who.asp

wie:
The program has been exploited. Some (not just one or two) had used the live in caregiver program to bring in relatives to Canada. They go through the process and as soon as the caregiver arrives in Canada, is released and the caregiver then looks for another employer. Canadian employers hire them readily because they are already in Canada and they don't have to go through the hassle of waiting and dealing with the visa offices; they only deal with HSRDC and the caregiver with CPC.

But some had brought in their relatives as caregivers, the caregivers worked for the family and were released only when the caregiver has obtained the OWP or the contract has been consummated.

Which Canadian visa office did your cousin apply to? And how did they know the caregiver applicant is your cousin? Was s/he interviewed? If s/he would apply again, s/he would have to submit all of the required documents and then, as you said, documents to prove s/he would go back to home country (this is actually a contradiction, considering Live in Caregiver can apply for permanent residency after working 24 months in Canada).
 

bob02

Star Member
Jan 27, 2010
54
0
job_seeker said:
You wrote...

bob02:
........ But the important thing is she (the caregiver) is qualified, and among the applicants is the most qualified. You have a better chance if you have experience being a paid nanny or caregiver.
Are you a lawyer by any chance??
In another case (wie) the applicant was deemed qualified but refused due to offer from a relative..what could have been the reason for???

Is it important:
a) An applicant should have qualification ONLY in childhood care NOTothers,if he wants to go as a caregiver for a child?

b) If using experience,not professional qualification,then is it a must that an experience should be only in early child care and NOT in elderly or disable or special population??

I wish cic people would get that much brain to address these issue in detail in their site.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
bob02 said:
Are you a lawyer by any chance??
In another case (wie) the applicant was deemed qualified but refused due to offer from a relative..what could have been the reason for???

Is it important:
a) An applicant should have qualification ONLY in childhood care NOTothers,if he wants to go as a caregiver for a child?

b) If using experience,not professional qualification,then is it a must that an experience should be only in early child care and NOT in elderly or disable or special population??

I wish cic people would get that much brain to address these issue in detail in their site.
I wish I were a lawyer :) But I read a lot and talk with people I meet, had undergone similar hardships relating to LMOs, visas and work permits. But CIC is thorough, just that officers are people too who sometimes may err on the way they interpret the guidelines.

Anyway hope these publications help you:

http://www.cic.gc.ca/english/resources/manuals/op/op14-eng.pdf (requirements to apply as a caregiver)
http://www.cic.gc.ca/english/resources/manuals/ip/ip04-eng.pdf
 

wie

Member
Jul 14, 2010
18
0
Thanks for the discussion
She has a degree in child psychology
training for childcare (6 months)
1 year fulltime with pay work at a daycare
She speaks english well
AND she is my cousin
I feel she is the most qualified for our family because we can trust her with our child and home
Well i guess as a canadian citizen i dont have that right....because there maybe a dual intent, which still should not make a difference
The officer implies that i can bring a caregiver from any other country and that caregiver will be permitted to stay according to the program
but soon as it s a relative, that relative can't stay bc she is a relative
its too twisted..and I dont undersand the purpose of it
We are trying to see what dox she can provide to show that she will go back and does not have the intentions of staying in Canada Illegally...she would never choose that over going back to her immediate family
I need her here by september and was planning to bring her in july to have enough time
our LMo expires in October and we still have a chance
but No idea as to what sort of dox can show proof of her true intentsion..if the officers is making these assumptions, no matter what dox we give, they can still not believe it or assume differently
It is very unfortunate.
 

bob02

Star Member
Jan 27, 2010
54
0
wie said:
Thanks for the discussion
She has a degree in child psychology
training for childcare (6 months)
1 year fulltime with pay work at a daycare
She speaks english well
AND she is my cousin
I feel she is the most qualified for our family because we can trust her with our child and home
Well i guess as a canadian citizen i dont have that right....because there maybe a dual intent, which still should not make a difference
The officer implies that i can bring a caregiver from any other country and that caregiver will be permitted to stay according to the program
but soon as it s a relative, that relative can't stay bc she is a relative
its too twisted..and I dont undersand the purpose of it
We are trying to see what dox she can provide to show that she will go back and does not have the intentions of staying in Canada Illegally...she would never choose that over going back to her immediate family
I need her here by september and was planning to bring her in july to have enough time
our LMo expires in October and we still have a chance
but No idea as to what sort of dox can show proof of her true intentsion..if the officers is making these assumptions, no matter what dox we give, they can still not believe it or assume differently
It is very unfortunate.
There are few things that needs to be understood.
Your employee is fully qualified and was refused cause she was your relative.
Today I was told that a foreign sister was imported by her Canadian PR sister to look after her 3 kids...the excuse was that the employer was sick and could not look after her kids.
What excuse did u show for importing your cousin?

A positive L.M.O is a proof that the employer is correct in bringing his employee and should be allowed because the Govt.has no objection.L.M.O serves as a no-objection certificate...Can you bargain this to that visa officer....that if the Canadian Govt. has no objection than he(visa officer) should also not have any objection.I don't know the clauses of L.M.O otherwise could have given you more option.
Does L.M.O has any provision related to the fact that an employee must have some tie to his country.....or...proof that he will leave Country upon completion of job?......or any step of documentation which may stress on the fact that an employee MUST show any proof that the employee will definitely leave the country??Let me know if there is any such thing.

If this is important that a proof must be shown,for coming back,than I guess you guys may have to arrange for any documentary evidence of having a property in her name..that may be of much help or any good investment else where.

Can you say to them that you can not trust any out sider for taking care of your child?so its important for you to bring a relative cause relatives are more reliable than out sider..after all they will be living in...there is also a security concerned involved here for your whole family.

Have you consulted any Lawyer?

By the way..which country is your cousin (employee) from?? this may be of some local concern?? some thing which is not found in the text books of Law.

Keep in touch..cause I'm also gathering info in order to make my case better.
 

wie

Member
Jul 14, 2010
18
0
thanks for the input
We are in the process of reapplying to the embassy
My employee is trying to gather info regarding her situation that would prove that she will be back if needed (leave from work without pay)
Hope it works
Do you think having a lawyer represent her to the embassy and emphasize that she is actually applying for a live-in caregiver work permit and not a general work permit, would make a difference?
We feel the officer disregarded the program she is applying for because the embassy only has ONE type of work permit application,
Even though she mentioned that her position is a live-in caregiver and had a job offer/contract, it may have been confused. no?
So get a lawyer, yes or no?
 

bob02

Star Member
Jan 27, 2010
54
0
wie said:
thanks for the input
We are in the process of reapplying to the embassy
My employee is trying to gather info regarding her situation that would prove that she will be back if needed (leave from work without pay)
Hope it works
Do you think having a lawyer represent her to the embassy and emphasize that she is actually applying for a live-in caregiver work permit and not a general work permit, would make a difference?
We feel the officer disregarded the program she is applying for because the embassy only has ONE type of work permit application,
Even though she mentioned that her position is a live-in caregiver and had a job offer/contract, it may have been confused. no?
So get a lawyer, yes or no?
Who told you that if you satisfy the visa officer about employee coming back will result in issuance of visa??how can you say that this will be enough? did the rejecting officer guide you? or is it only your perception?
If yes than you should consult a lawyer about how to make it.
It is a good idea to meet any lawyer cause they know what might have been the cause(s) of refusal and can guide accordingly.
 

bob02

Star Member
Jan 27, 2010
54
0
@wie
A work permit is a work permit whether issued for LCP or else.It is treated as such and any one who uses it should comply with other requirements as well not only the LCP's requirement..that is my idea..may be, may be not!
You have to see if there is any thing in this relation to it.
What will you show as a proof of her coming back??
Any property in her name may be a good idea.
 

nnaeiluj0918

Full Member
Nov 10, 2008
25
7
wie said:
We had all of the above
she was deemed qualified but refused on the basis of being a relative to the employer
visa officers have all the power to make personal decisions despite the facts
unfortunately!
wie, I came here as a live-in caregiver and now waiting for a landing interview from a local immigration office. My employer is my aunt,, same goes for my sister. My uncle as well sponsored his sister as a live in caregiver and now enjoying her canadian life. Being a relative does not count you out of the application.
 

bob02

Star Member
Jan 27, 2010
54
0
nnaeiluj0918 said:
wie, I came here as a live-in caregiver and now waiting for a landing interview from a local immigration office. My employer is my aunt,, same goes for my sister. My uncle as well sponsored his sister as a live in caregiver and now enjoying her canadian life. Being a relative does not count you out of the application.
Hi nnaeiluj0918
This is interesting.Some are refused and now you are saying that you were not refused on the basis of relatives.
Can you give some detail information about your qualification and experience.
Was a doubt on being a relative raised during an interview?
Did you show a reason proving that you have a tie OR a reason to come back to your country?
Did you hire any Lawyer?
Which country are you from by the way?
 

Grade 08

Full Member
Aug 14, 2010
47
0
@ Wie,

i am a live in caregiver too and my employer is my sister. i went thru a rigid interview and one of the questions i was asked is why would my sister hire me? i simply said that my sister wanted a relative to take care of her child to make sure that the child receives all the love and care any caring relative would. i would also like you to know that i know a lot of live in caregiver applicants are being hired by their relatives for the same reason. you can put an emphasis to that. giving care is easy to do but loving a child like your own is not for others. and you can reason out for the same reason "you wanted a family to take care of your child"

one thing you can do, which my sister did, is to call your MP to help you with the process. let the MP know how much you need your caregiver to be her and that you wanted afamily member to do that special job for you.

hope this helps
 

bob02

Star Member
Jan 27, 2010
54
0
Grade 08 said:
@ Wie,

i am a live in caregiver too and my employer is my sister. i went thru a rigid interview and one of the questions i was asked is why would my sister hire me? i simply said that my sister wanted a relative to take care of her child to make sure that the child receives all the love and care any caring relative would. i would also like you to know that i know a lot of live in caregiver applicants are being hired by their relatives for the same reason. you can put an emphasis to that. giving care is easy to do but loving a child like your own is not for others. and you can reason out for the same reason "you wanted a family to take care of your child"

one thing you can do, which my sister did, is to call your MP to help you with the process. let the MP know how much you need your caregiver to be her and that you wanted afamily member to do that special job for you.

hope this helps
Hi Grade08
Ther are few things I need to know..My brother is willing to sponsor me for LCP...your answers will help me to prepare my case properly... see if you can answer.

Where are you from and which country did you register your application from?

Can you describe in detail your qualifications and experience?

The most inportant thing..Were you asked about your ties to your country?
I mean..did they ask about the guarantee for you to come back to your home contry if your time period is over??especially if your application for PR is denied.

What proof did you give??did you show any property ownership documents..or..any Bank statement showing any amount of money owned by you in your account?

What is an MP?