volunteering to babysit

[katied123]

I am in the process of applying to be sponsered by my spouse while living in canada. Friends have asked me to babysit their child, and that they only feel comfortable if I do it. I told them that I do not want to get paid for this, as I am not allowed to work.

Is it alright if instead of paying me, they donate to a charity? I don't want to work illegally, but I want to help them out. Or am I not allowed to do this at all? Could they give me a gift instead of paying me? They don't want me to do it for free, but they also don't want to enroll their child in daycare.

Any help would be appreciated.
Thanks

 

[Ponga]

You cannot legally do this...even if you are not `paid', because a qualified Canadian citizen or PR would get paid.

 

[katied123]

Okay. thanks,

Out of curiousity, we have submitted our application, and the processing times shows that they are processing applications around the time that we sent ours in. After they process this stage, will I be able to work? Could you give me an outline of the stages?

Thank you.

 

[scylla]

Okay. thanks,

Out of curiousity, we have submitted our application, and the processing times shows that they are processing applications around the time that we sent ours in. After they process this stage, will I be able to work? Could you give me an outline of the stages?

Thank you.

Assuming you currently have status in Canada and submit an open work permit with your inland application, you will be able to work once the open work permit is processed - this will be around the 4 month mark after you submit your applicaiton.

 

[Ponga]

If you submitted an Inland application (and have maintained your legal status), you would be eligible for an Open Work Permit. Most people receive their OWP ~ 4 months after CIC has received the Inland application and OWP application.

If you applied with an Outland application (which is possible, even if a person is IN Canada), the OWP is not available.

Inland processing and Outland processing are completely different, since the 1st stage [Inland] is approval of sponsor and AIP (Approval in Principle) for the applicant. Outland stage 1 is only the approval of the sponsor.

When did you apply?

Is it Inland or Outland?

 

[katied123]

we applied inland, and it says my application was recieved May 30th, 2014. The processing times say they are working on applications recieved Janurary 2014. so they are still a few months away from processing my application.

I didn't know I could apply for a work permit. How would I go about doing that? I do have temporary resident status here right now, and have applied to extend my stay. they are behind in proccessing those as well, and are working on proccessing a date before I sent mine in. Is that maintaining mystatus?

 

[Ponga]

Yes, that means that you now have implied status.

You should consider submitting an OWP now, since you did not include it with your Inland application, but the cost is $255 and will take ~ 4 months to receive...which would be about the time when your application is processed to AIP stage, so it's up to you. Some applicants have been fortunate enough to get their DM (decision made) email shortly after AIP.

 

[Rob_TO]

In hindsight you should have submitted OWP along with your inland app back in May 2014. You would have received an OWP earlier this year, plus you would have been on implied status so would have been no need to keep extending your visitor status here.

Anyways, apply immediately for the OWP. Link and explanation of OWP pilot program for inland applicants is here: http://www.cic.gc.ca/english/resources/tools/updates/2014/2014-12-22.asp

 

[GustavesF]

You can do this kind of volunteering:

Volunteer activities that are not “work” and do not require a work permit

• Volunteer work for which a person would not normally be remunerated, such as a foreign student being a ‘big brother’, or ‘big sister’ to a child; being on the line at a rape crisis centre. Normally this activity would be part time and incidental to the main reason that the person is in Canada (in this case, to study).
• Unremunerated observation of the functioning of a given work environment or occupation (i.e. following a geologist on their sample-gathering trips). In some cases, minor tasks may be performed by the foreign student (such as clerical chores), however there should not a significant contribution to the productivity of the enterprise.
• Unremunerated helping of a friend or family member during a visit.
• There may be other types of unpaid short-term work where the work is really incidental to the main reason that the foreign student is in Canada and is not a competitive activity, even though non-monetary valuable consideration is received. For instance, if a foreign student wishes to stay on a family farm and work part time just for room and board for a short period (i.e., 1-4 weeks), this would not be considered an activity which requires a work permit.

So, you're allowed to help a friend or family member as long as you're not getting paid.

This isn't necessarily work that they would have been giving to someone else. Perhaps if they don't get this free help they wouldn't go out, or they'd get their parents or other family to help them.

 

[Ponga]

You can do this kind of volunteering:

• Unremunerated helping of a friend or family member during a visit.

So, you're allowed to help a friend or family member as long as you're not getting paid.

This isn't necessarily work that they would have been giving to someone else. Perhaps if they don't get this free help they wouldn't go out, or they'd get their parents or other family to help them.

This question has been asked here many times before. Here's one example:
http://www.canadavisa.com/canada-immigration-discussion-board/while-a-visitor-is-it-illegal-to-babysit-or-do-nonpaid-work-t229799.0.html

http://www.thestar.com/news/immigration/2014/07/04/ottawas_slow_gears_force_nanny_into_desperate_work_and_deportation.html

Deemed “inadmissible” because she worked part-time for four months as a babysitter without a valid work permit, the 52-year-old Toronto resident now faces deportation from Canada.



How is this not working without authorization?
All it takes is a visa officer that doesn't see it as `helping a friend'... and life suddenly becomes unbearable.

IMHO, it's a slippery slope that's just not worth even exploring.

 

[GustavesF]

In the case you linked above the woman was definitely working to receive a wage, she was supporting herself and her family with the babysitting job. This seems less like babysitting and more of a regular nanny-type role.

CIC was also given an "tip" that she was working illegally.

There seems to be a lot of reasons in either direction, but I agree that the agents are ridiculous enough that I wouldn't want to give them any reason to mess things up further.

 

[Ponga]

In the case you linked above the woman was definitely working to receive a wage, she was supporting herself and her family with the babysitting job. This seems less like babysitting and more of a regular nanny-type role.

CIC was also given an "tip" that she was working illegally.

There seems to be a lot of reasons in either direction, but I agree that the agents are ridiculous enough that I wouldn't want to give them any reason to mess things up further.

To add even more to the `vortex' surrounding this, is one of the definitions of a person that is deemed to have a `Lack of Status'. Most people assume that a person in Canada that is out of status, is because s/he did not renew their visitor status. However, according to CIC's Inland processing manual (IP8) it would also include a person that has worked illegally:

Lack of Status
For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:
• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required under the Regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).

Does that really mean that such a person would still be eligible to apply for Inland sponsorship, thus excluding them from being inadmissible for working illegally, at least under this public policy?

 

[scylla]

I think the difference is pretty simply. You babysit your friend's kid one time for an hour or two because they have an emergency - that's "helping a friend". You regularly babysit your friend's kid when they work evenings - that's illegal work.

 

[Ponga]

I think the difference is pretty simply. You babysit your friend's kid one time for an hour or two because they have an emergency - that's "helping a friend". You regularly babysit your friend's kid when they work evenings - that's illegal work.

Agreed!

...but I still wonder if the aforementioned Lack of Status issue would save someone that DID work illegally?

 

[canadianwoman]

Since the OP wants to help a friend by babysitting, and mentions that the family does not want to send the child to daycare, it sounds like it is full-time or at least regular child care they are talking about, not just the occasional evening out. I agree with Scylla - this is then considered work.
You getting a gift instead of pay will not make any difference to CIC if they find out - they will consider it pay.
If no one finds out about it and complains, it would probably never be noticed by CIC. It is just that people do notice and complain. I would not risk it.