IP 4

Processing live-in caregivers in

Canada
IP 4 Processing Live-in Caregivers in Canada
Most recent date of changes: 2019-10-09

Updates to chapter

1 What this chapter is about

2 Program objectives
3 The Act and Regulations
3.1 Forms
4 Instruments and delegations
5 Departmental policy
5.1 Responsibility for processing by the visa office
5.2 Responsibility for processing in Canada
5.3 Issuance or renewal of work permits in Canada
5.4 Mandatory employment contract
5.5 Validation of a job offer
5.6 Eligibility for permanent residence
5.7 Quebec applicants
5.8 Parallel processing of family members
5.9 Responding to representations
6 Definitions
6.1 Family member
6.2 Live-in caregiver
7 Processing an employment contract
8 Procedures for issuance and renewal of work and study permits
8.1 Applications for work permits
8.2 Requirements for issuance of work permits
8.3 If all requirements are met
8.4 If requirements are not met
8.5 Bridge extension: Live-in caregiver is between jobs
8.6 Issuance of “urgent” or “emergency” work permits
8.7 Refusal of an application for a work permit
8.8 Issuance of study permits
9 Processing applications for permanent residence
9.1 General guidelines
9.2 Applications for permanent residence
9.3 Fees
9.4 Assessing eligibility to become a member of the live-in caregiver class
9.5 Acceptable evidence of full-time employment as a live-in caregiver
9.6 Checking for pending criminal charges
 9.7 Granting “approval-in-principle” (eligible applicants)
9.8 Refusing applicants determined not to be members of live-in caregiver class (ineligible applicants)
9.9 Applications from eligible live-in caregivers in Quebec
9.10 Assessing admissibility requirements
9.11 Criminal and security checks
9.12 Medical examinations
9.13 Processing of family members
9.14 Inadmissibility and non-accompanying family members
9.15 Ineligible family members
9.16 Finalizing approved cases
9.17 Finalizing refused cases
9.18 Documentation standards in FOSS
10 Tracking the application
Appendix A – Sample letter – Live-in caregiver “approved-in-principle”
Appendix B – Sample letter – Procedural fairness
Appendix C – Sample letter – Refusals
Appendix D – Fact sheet on employment standards legislation
Appendix E – Provincial and territorial employment standards – Contact information
Appendix F – Counselling fact sheet
Updates to chapter

Listing by date

2019-10-09

Changes have been made to section 8, Procedures for issuance and renewal of work and study permits.
Specifically, the following updates have been made:

 Section 8.1, Applications for work permits – A note has been added to indicate that the Live-in Caregiver
Program (LCP) is closed to new applicants. Caregivers can be hired through the LCP only if employers
have both
o found a caregiver who already has a work permit under the LCP and who is looking for a new
employer
o been approved for a Labour Market Impact Assessment (LMIA) that shows the caregiver has
agreed to live in the employer’s home
 Section 8.5, Bridge extension: Live-in caregiver is between jobs – The code for the Application to Change
Conditions, Extend My Stay or Remain in Canada as a Worker form [IMM 5710] has been corrected from
IMM 1249 to IMM 5710.
 Section 8.6, Issuance of “urgent” or “emergency” work permits – Guidance has been added regarding live-
in caregivers who are experiencing abuse or at risk of experiencing abuse in the context of their
employment in Canada.

2015-11-04

The information that was contained in the following sections can now be found in the program delivery
instructions (PDIs) on permanent residence:

 Section 5.2 – Humanitarian and compassionate (H&C) applications

 Section 5.6 – Eligibility for permanent residence
 Section 5.7 – Quebec applicants
 Section 9 – Processing applications for permanent residence
 Appendix A – Sample letter – Live-in caregiver “approved-in-principle”
 Appendix B – Sample letter – Procedural fairness
 Appendix C – Sample letter – Refusals

2011-01-19

Changes have been made throughout the chapter to reflect regulatory amendments to the Live-in Caregiver
Program which came into force on April 1, 2010, and to reflect a series of administrative changes which were
implemented in the period of April – August 2010.

Specifically, the following updates have been made:

 Section 1 – Updated this section to clarify purpose of this chapter and include a cross reference to the
related overseas processing manual.
 Section 2 – Updated this section to reflect regulatory amendments.
 Section 3 – Updated regulatory and form references in this section.
 Section 4 – Updated this section to reduce level of detail in favour of a cross reference to the authoritative
manual chapter on designations and delegation of authority.
 Section 5 – Updated this section to reflect regulatory amendments, new employment contract
requirements, and to generally enhance the level of detail with respect to key elements of departmental
policy.
 Section 6 – Updated this section to ensure definitions accurately reflect wording of current Regulations.
 Section 7 – Updated this section to reflect new contract requirements and outline roles and responsibilities
in processing employment contracts.
  Section 8 – Updated this section to clarify general procedures for the issuance or renewal of work permits
and to incorporate new instructions regarding the issuance of “emergency” work permits to live-in
caregivers in abusive workplace situations.
 Section 9 – Updated this section to reflect regulatory amendments, generally enhance the level of detail
throughout, and to incorporate new instructions regarding medical examinations in accordance with
administrative changes.
 Section 10 – Updated this section to reflect CPC-V responsibilities towards the applicant for the permanent
residence
 Appendix A – Update to “approved-in-principle” sample letter.
 Appendix B – Update to sample procedural fairness letters reflecting regulatory changes.
 Appendix C – Update to sample refusal letters reflecting regulatory changes.
 Appendix D – Update to fact sheet on employment standards legislation with updated links to
provincial/territorial websites.
 Appendix E – Update to provincial and territorial employment standards contact information.
 Appendix F – Update to counselling fact sheet reflecting regulatory amendments.

2009-06-25

Changes have been made to reflect instructions previously published in OB 025 of January 3, 2007, concerning
non-accompanying family members who wish to become accompanying. They affect in particular the following
sections of the chapter:

 Section 9.2 – Applications

 Section 9.13 – Processing of family members

2008-04-24

Section 6.3 was amended to provide an accurate link to the definition of a “family member.”

2007-11-30

Section 9.5 was updated to clarify that acceptable evidence of two year’s employment MUST include ALL
documents listed. As well, a new document requirement was added: a letter from the current employer showing
the start date and confirming the applicant’s status as currently being employed.

The “Updates to chapter” section was created.

1 What this chapter is about

This chapter describes the processing in Canada of applications for renewal of work permits (same employer),
applications for new work permits (new employer/employer move to a new province/territory), applications for
study permits and applications for permanent residence, under the Live-in Caregiver Program (LCP).

Procedures related to overseas processing of initial work permit applications under the LCP, and the overseas
processing of applications for permanent residence from live-in caregivers’ family members living outside Canada,
are described in the OP 14 – Processing Applicants for the Live-in Caregiver Program chapter.

2 Program objectives

Citizenship and Immigration Canada (CIC) established this program to meet a labour market shortage of live-in
caregivers in Canada, while providing an avenue for certain individuals to work and eventually apply for permanent
residence from within Canada.

The LCP brings qualified temporary workers to Canada to provide in-home child care, senior home support care or
care of the disabled. The LCP allows applicants to apply for permanent residence from within Canada after being
employed full-time as a live-in caregiver for at least 24 months or a total of 3,900 hours in a minimum of
22 months within the four years immediately following their entry into Canada under the LCP.

3 The Act and Regulations

References in the Immigration and Refugee Protection Regulations (IRPR) to the Live-in Caregiver Program.

For more information about Refer to

Authorization for application for permanent residence in Canada R72

Definition of live-in caregiver R2

Medical examination requirements for live-in caregivers in Canada R30(2.1)

Live-in caregiver class R113

Requirements for work permit R111, R112

Application for permanent residence in Canada R113

Requirements for family members R114

Conformity – applicable times R115

Study without a work permit: short-term courses R188

Application in Canada for work permit R207

Application in Canada for study permit R215

Note: With respect to R115, it is important to note that not all requirements set out in sections 112 to 114.1 of the
Regulations will apply to each situation or point in time.

3.1 Forms
 Form Title Form Number

In-Canada Application for Permanent Resident Status IMM 5002E

Document Checklist – Live-in Caregiver IMM 5282E

Live-in Caregiver – Employer Declaration of Hours Worked IMM 5634E

Application to Change Conditions, Extend My Stay, or Remain in Canada IMM 1249E

4 Instruments and delegations

Section 6 of the Immigration and Refugee Protection Act (IRPA) authorizes the Minister to designate officers to
carry out specific powers and to delegate authorities. It also states those ministerial authorities that may not be
delegated, specifically those relating to security certificates or national interest.

Under IRPA, the Minister of Citizenship and Immigration has delegated powers and designated those officials
authorized to carry out any purpose of any provisions legislative or regulatory in instrument IL 3 – Designation of
Officers and Delegation of Authority.

5 Departmental policy

5.1 Responsibility for processing outside Canada

To participate in the LCP, a foreign national must make an application for an initial live-in caregiver work permit at
a Canadian visa office abroad.

Visa offices are responsible for the initial selection process and issuance of initial work permits to live-in caregivers
under the LCP. Visa offices are also responsible for processing permanent residence applications overseas for family
members of live-in caregivers who have applied for permanent residence from within Canada.

Visa officers overseas generally issue the initial work permit under the LCP for a duration of four years plus
three months when consistent with other considerations, such as employer need and passport validity. This general
practice serves to minimize subsequent in Canada work permit applications.

5.2 Responsibility for processing in Canada

The Case Processing Centre in Vegreville (CPC-V), Alberta is responsible for processing applications in Canada
under the LCP for:

 new work permits (new employer/employer move to a new province/territory);

 work permit renewals (same employer);
 study permits; and
 permanent residence.

Role of CIC inland offices

Local CIC offices play a role in processing complex or exceptional LCP cases. CPC-V will refer cases to a CIC inland
office if an interview is warranted or if there is suspected misrepresentation, serious criminality or security
concerns, as described in A34, A35, A36(1), A37 or A40.

CPC-V issues all correspondence to applicants with respect to LCP applications which they process. Cases referred
to CIC inland offices by CPC-V for processing are concluded, and the appropriate correspondence is issued to
applicants, by the responsible inland office.
Given that the vast majority of LCP applications made from within Canada are processed by the CPC-V, this chapter
focuses on standard processing procedures as they generally apply to CPC-V and does not detail processing
procedures which may apply to, and deviate between, CIC inland offices.

Humanitarian and Compassionate (H&C) applications

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.

5.3 Issuance or renewal of work permits in Canada

Work permits are generally issued to match the duration of the job offer and Labour Market Opinion (LMO) issued
by Employment and Social Development Canada (ESDC)/Service Canada, and the Certificat d’acceptation du
Quebec (CAQ) issued by the Ministère de l’Immigration et des Communautés culturelles (MICC) for live-in
caregivers in Quebec, unless there are other factors which would restrict the duration for which a work permit may
be issued (e.g., passport validity). The officer assessing the application retains discretionary power with respect to
the validity period of LCP work permits and may set aside the general issuance policy where, in their opinion,
circumstances warrant.

The total duration of all LCP work permits (added together) should not exceed four years and three months. The
four-year period gives live-in caregivers sufficient time to meet the employment requirements of the LCP while
allowing flexibility to compensate for periods of unemployment, illness, vacation or maternity leave. The additional
three months affords caregivers a transition period during which they may apply for permanent residence.

Live-in caregivers must apply to CPC-V for a renewal of their work permit as required before it expires in order to
ensure that their temporary status as a worker continues under the same conditions until their application is
processed and they have been notified of the decision (implied status).

Live-in caregivers may change employers but must obtain a new work permit, with a validated job offer in the form
of a positive/neutral LMO from ESDC/Service Canada, a CAQ if applicable, and a new employment contract, before
working for the new employer. For live-in caregivers in Quebec, ESDC/Service Canada and the MICC jointly assess
and render a decision on LMO applications.

If the live-in caregiver continues to work for the same employer, there is no need for a new LMO but a CAQ is
required for live-in caregivers in Quebec. A letter from the employer stating that the live-in caregiver will continue
to be employed on a full-time basis is sufficient. The employer and caregiver must also sign a new or extended
employment contract.

If the live-in caregiver’s employer moves to a new province/territory, they must obtain a new work permit, with a
validated job offer in the form of a positive/neutral LMO from ESDC/Service Canada, a CAQ if applicable, and a new
employment contract, before working for their employer in the new location.

If the live-in caregiver’s employers divorce and both employer’s names are on the work permit, a new work permit
is not required. The caregiver should simply send a letter to CPC-V to advise of the change. However, should the
employer divorce, or one of the employers is deceased and only one name is listed on the work permit, the
caregiver must obtain a new work permit and a new LMO/CAQ would be required for the employer not listed before
the caregiver could work for that person.

Live-in caregivers must continue to meet the requirements of the LCP in order to be eligible for a new work permit
or a work permit extension under the LCP.

Live-in caregivers may not accept any other type of employment without a valid work permit. Any time that a live-
in caregiver works outside the home of an employer under the LCP on a non-LCP work permit will not count
towards the period of employment required to be eligible for permanent residence as a live-in caregiver. Officers
will assess applications for non-LCP work permits (for example, to work part-time in a restaurant) from live-in
caregivers who hold a valid LCP work permit on a case by case basis in the context of whether the officer is
satisfied that the live-out employment will not compromise the caregiver’s ability to continue to meet their full-time
responsibilities as specified in their LCP employment contract.

Live-in caregivers can only work under the LCP for the employer(s) named on their work permit. They may not
work in a caregiving capacity for anyone other than the person(s) identified on their LCP work permit at any one
time. In doing so, a live-in caregiver risks losing their status in Canada and being disqualified from the program.

Note: For live-in caregivers in Quebec, the total duration of all work permits (added together) should not exceed
four years as this is the maximum period for which the MICC will issue a CAQ for live-in caregivers.

5.4 Mandatory employment contract

An employment contract between employer and live-in caregiver, outlining the terms and conditions of
employment, is a legal requirement of the LCP and must be provided to CPC-V as part of an application for a new
work permit or a work permit renewal under the program. The employment contract must be signed by both the
employer and the live-in caregiver.

The live-in caregiver position being offered must be full-time and all terms and conditions outlined in the
employment contract must, by law, abide by provincial/territorial employment standards and labour laws.
Housework, cleaning or other similar domestic duties, such as food preparation, may be allowable as a small
proportion of the overall duties, and when clearly related to the duties of caring for the individual(s), however
cannot be the primary duty.

For all LCP LMO applications received by ESDC/Service Canada on or after April 1, 2010, and for all work permit
applications received by CIC that are based on these LMOs, the signed written employment contract between live-
in caregivers and their employers must demonstrate that LCP requirements are met by including a description of:

 Mandatory employer-paid benefits, including:

o Transportation to the location of work in Canada,
o Medical insurance coverage provided from the date of the live-in caregiver’s arrival until he or
she is eligible for provincial health insurance,
o Workplace safety insurance coverage for the duration of employment,
o All recruitment fees, including any amounts payable to a third-party recruiter or agents hired by
the employer that would otherwise, have been charged to the live-in caregiver;
 Job duties which clearly demonstrate that the employee’s primary duty will be live-in caregiving;
 Hours of work;
 Wages;
 Accommodation arrangements (including, where applicable, room and board);
 Holiday and sick leave entitlements;
 Termination and resignation terms.

A LCP employment contract template is available on the Service Canada website. Employers and live-in caregivers
are encouraged to use this contract template but are not obliged to do so. However, all employment contracts must
contain the information and clauses specified in the LCP employment contract template. Any additional provisions
must not conflict with provincial/territorial labour laws and employment standards. The use of an alternate contract
format may delay processing of the LMO application as ESDC/Service Canada officers will have to do a thorough
comparative assessment to determine if the contract is compliant with LCP requirements.

Note: For live-in caregivers in Quebec, the MICC has its own employment contract template reflecting Quebec
provincial requirements under the LCP. The Quebec employment contract template is available on the MICC
website.

5.5 Validation of a job offer

Before a new work permit (change of employer/employer move to a new province/territory) may be issued to a
live-in caregiver, the prospective new employer must apply to ESDC/Service Canada to have his or her proposed
job offer reviewed and validated.
ESDC/Service Canada will assess the genuineness of the prospective employer’s job offer and will review the
employment contract to ensure that it includes all mandatory information and clauses. ESDC/Service Canada will
assess whether the job offer and employment contract meets the requirements for wages and working conditions,
the applicable provincial/territorial labour laws and employment standards and that there are not enough
Canadians or permanent residents available to work as live-in caregivers in Canada. If ESDC/Service Canada finds
the job offer acceptable, they will issue a positive or neutral LMO to the prospective new employer.

The live-in caregiver must include a copy of the positive/neutral LMO with their application to change employers
and obtain a new work permit.

For more information about job offer validation and LMOs with respect to the LCP, please refer to the ESDC/Service
Canada website.

5.6 Eligibility for permanent residence

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.

5.7 Quebec applicants

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.

5.8 Parallel processing of family members

Live-in caregivers applying for permanent residence may request parallel processing for some or all of their family
members living in or outside Canada. Family members living abroad may be processed concurrently at a visa
office. If all admissibility requirements are met, the responsible visa office will issue permanent resident visas to
eligible family members of live-in caregivers granted permanent residence from within Canada.

Once a live-in caregiver is a permanent resident, family members who are not processed concurrently may be
sponsored as members of the family class, provided they were examined at the time of the live-in caregiver’s
application for permanent residence from within Canada.

5.9 Responding to representations

The Privacy Act requires that information concerning clients must be released only to the client or a designated
representative who is a Canadian citizen or permanent resident. Before responding to a representation made in
person or in writing, the identity of clients or their representative must be confirmed.

6 Definitions

6.1 Family member

Per R1(3), the definition of “family member” in respect of a person means:

 the spouse or common-law partner of the person;

 a dependent child of the person or of the person’s spouse or common-law partner; and
  a dependent child of a dependent child referred to above.

6.2 Live-in caregiver

Per R2, a live-in caregiver is a person who resides in and provides child care, senior home support care or care of
the disabled without supervision in the private household in Canada where the person being cared for resides.

7 Processing an employment contract

ESDC/Service Canada informs employers of the legal requirement to have an employment contract with their live-
in caregiver.

Employers are required to:

 provide a signed employment contract to their prospective live-in caregiver;

 have the live-in caregiver sign the employment contract and return it to the employer; and
 provide a copy of the signed employment contract to ESDC/Service Canada along with their LMO
application.

ESDC/Service Canada provides employers with information including, but not necessarily limited to, the following:

 acceptable wage standards;

 taxation;
 health insurance; and
 workers’ compensation and other employment issues.

Once a complete LMO application and signed employment contract are submitted to ESDC/Service Canada by the
prospective employer, an ESDC/Service Canada officer reviews the application and employment contract. In
assessing the offer of employment, the officer confirms:

 the need for live-in care;

 that the job offer is genuine;
 the employer is offering wages and working conditions that meet provincial/territorial employment
standards and labour laws;
 the job duties are those of a full-time live-in caregiver; and
 a reasonable search has been carried out by the prospective employer to identify qualified and available
Canadian citizens or permanent residents and unemployed foreign caregivers already in Canada.

If satisfied that the offer of employment meets the assessment criteria, the ESDC/Service Canada officer issues a
letter confirming a positive/neutral LMO to the prospective employer. If the LMO application is rejected, the
ESDC/Service Canada officer issues a refusal letter to the prospective employer.

Employers are informed by ESDC/Service Canada that their prospective live-in caregiver must submit a copy of the
signed employment contract to the CPC-V as part of the documentation required for the work permit application.
ESDC/Service Canada also instructs the employer to send a copy of the LMO confirmation letter to the live-in
caregiver.

Details of the LMO are recorded in the ESDC Foreign Worker System (FWS) and job validation information is
available to CPC-V through the FOSS-FWS link.

Note: For prospective employers in Quebec, ESDC/Service Canada and the MICC jointly assess the LMO application
against federal and Quebec LCP requirements. If satisfied that the offer of employment meets the assessment
criteria, ESDC/Service Canada will issue a letter to the prospective employer, jointly signed by the MICC,
confirming a positive or neutral LMO. If ESDC/Service Canada and the MICC jointly render a negative decision on
the LMO application, ESDC/Service Canada will issue a refusal letter to the prospective employer.
8 Procedures for issuance and renewal of work and study permits

8.1 Applications for work permits

Note: The Live-in Caregiver Program (LCP) is closed to new applicants. Caregivers can be hired through the
program only if employers have both of the following:

 found a caregiver who already has a work permit under the LCP and who is looking for a new employer
 been approved for a labour market impact assessment (LMIA) that shows the caregiver has agreed to live
in the employer’s home

Applicants must submit a complete Application to Change Conditions, Extend My Stay or Remain in Canada as a
Worker form [IMM 5710] to the Case Processing Center in Edmonton (CPC-E).

Note: Proof of fee payment at a financial institution and a copy of the new or extended employment contract
(signed by both the employer and live-in caregiver) must be submitted with the application.

8.2 Requirements for issuance of work permits

Scenario Documents applicant must provide Actions CPC-E must take

1. Letter from the current employer 1. Assess whether the applicant

stating that the live-in caregiver will continues to meet the definition of a
continue to be employed on a full-time live-in caregiver (that is, full-time, live-
basis in employment as a caregiver)

Live-in, full-time caregiver 2. Copy of a new or extended

2. Verify that the employment contract
if the employer is the same employment contract signed by the contains required information (see
employer and live-in caregiver section 5.4 for details)

No need for a new LMIA

3. Verify that the applicant has
Quebec Acceptance Certificate (CAQ) submitted a CAQ with their application,
is required for applicants in Quebec if applicable
1. Check the Global Case Management
System (GCMS) for a record of a
positive or neutral LMIA
Live-in, full-time caregiver 1. Copy of a new LMIA and, for
if there is a change of applicants in Quebec, a CAQ
employer, or if the current 2. Verify that the employment contract
contains required information (see
employer is moving to a 2. Copy of a new employment contract section 5.4 for details)
different province or territory signed by the employer and live-in
caregiver
3. Verify that the applicant has
submitted a CAQ with their application,
if applicable

8.3 If all requirements are met

The CPC-E issues a new or extended work permit and enters the “LCP” code in the special program box.

8.4 If all requirements are not met

The CPC-E will refuses the application.

Note: If a more in-depth assessment is required to render a decision on a given application, the case should be
referred to an IRCC inland office.
8.5 Bridge extension: Live-in caregiver between jobs

If a live-in caregiver’s work permit is about to expire, and they are between jobs and have not yet found a new
employer under the LCP, the CPC-E may issue an interim work permit to bridge the gap. This interim work permit
allows a caregiver to remain in Canada legally but does not authorize them to work for a new employer. Live-in
caregivers may submit an application for a bridge extension using the Application to Change Conditions, Extend My
Stay or Remain in Canada as a Worker form [IMM 5710]. Cost recovery fees apply.

The bridge extension should

 have a maximum duration of 2 months

 show the most recent employer
 include “bridge extension” in the remarks

If the bridge extension expires before the applicant finds a new job or employer, and the applicant is eligible to
apply for a new work permit under the LCP, the CPC-E should assess the reasons for the continued unemployment
on a case by case basis and may decide to refer the case to an IRCC local office for a more in-depth examination.

Note: Bridge extensions are LMIA and CAQ exempt.

8.6 Issuance of urgent or emergency work permits

Urgent work permits

Live-in caregivers who are changing employers and are urgently required to provide care to an elderly or disabled
person may be eligible for urgent processing of their LCP work permit application provided all required documents
are submitted with the application, including proof of the urgency in the form of a doctor’s note or a letter from the
prospective employer explaining why urgent care is required.

See Urgent referrals process for work permits for further information regarding the processing of work permits on
an urgent basis.

Emergency work permits

Live-in caregivers who are victims of abuse by their employer or someone in the employer’s home may be eligible
for emergency processing of their LCP work permit application. In such cases, concurrent processing of the
prospective new employer’s LMIA application by Employment and Social Development Canada (ESDC) or Service
Canada, CAQ application by the Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI), where
applicable, and of the LCP work permit application by IRCC on an emergency basis facilitates the quickest possible
transition to a new employer.

Abusive situations, for the purposes of emergency work permit processing under the LCP, include any intentional
physical contact that causes harm, physical violence such as assault or sexual assault, and psychological abuse
such as threats or intimidation.

See OB 208 – Emergency processing of in-Canada work permit applications under the LCP for details regarding
applicant eligibility and processing of LCP work permits on an emergency basis for live-in caregivers who must
change employers urgently due to an abusive situation at their current or most recent workplace.

In addition, live-in caregivers who are experiencing abuse or who are at risk of experiencing abuse in the context
of their employment in Canada may be eligible to obtain an open work permit for vulnerable workers.

8.7 Refusal of an application for a work permit

Reasons for refusing a work permit application under the LCP must be well documented and provided to the
applicant. Refusal of a work permit application from a live-in caregiver means that the person may be disqualified
from applying for permanent residence in Canada under the LCP.

Should the refused applicant request an extension of their temporary resident status, the officer should assess
carefully their bona fides as a temporary resident.

If it appears that the person may not leave Canada, has no means of support or in some other way no longer
qualifies for temporary resident status (for example, worked without authorization), the request for an extension
should be refused. For more information, see the instructions on processing temporary residence extensions.

8.8 Issuance of study permits

Per section 188 of the Immigration and Refugee Protection Regulations (IRPR), live-in caregivers may study
without a study permit if the course or program of studies is 6 months or less.

Live-in caregivers who wish to take a course or program of study that is longer than 6 months in duration require a
study permit.

Per section R215, the CPC E may issue study permits to live-in caregivers because they hold work permits. Officers
should enter the “LCP” code in the special program box of any study permits issued to live-in caregivers.

9 Processing applications for permanent residence

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.

10 Tracking the application

FOSS tracks the processing of applications for permanent residence through the Case Processing Support (CPS)
module.

CPC-V staff:

 enter applications in the CPS module when they arrive at the CPC;
 enter the names of family members residing abroad in the Remarks section and complete the Y (yes) or N
(no) box when the visa office provides results of overseas examination;
 indicate if the principal applicant is provisionally approved in the “approved-in-principle” field when the
eligibility decision is made;
 enter the results and date when eligibility requirements are met.

When all requirements are met, CPC-V officers:

 enter the granting of permanent resident status;

 enter the closest CIC inland office to the client’s residence as the office of issue for permanent residence
documents.

According to local procedures, the CIC inland office will:

 print permanent residence documents as required;

 send a call-in notice or letter to the applicant.
Appendix A Sample letter – Live-in caregiver “approved-in-principle”

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.
Appendix B Sample letter – Procedural fairness

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.
Appendix C Sample letter – Refusals

This content has been moved as part of the Department’s efforts to modernize operational guidance
to staff. It can now be found in the program delivery instructions on permanent residence applications
from live-in caregivers.
Appendix D Fact sheet on employment standards legislation

Applicable to live-in caregivers or domestic workers

This fact sheet briefly outlines employment standards provisions applicable to live-in caregivers in each province
and territory.

Although the Live-in Caregiver Program is run by the federal government, employment standards legislation
pertaining to caregivers and domestics falls within provincial and territorial jurisdiction. Federal legislation (namely
the Canada Labour Code and Regulations) applies only to certain specific sectors such as banking, interprovincial
and international transportation, telecommunications, broadcasting, grain handling and uranium mines.

It should be noted that the provisions in provincial and territorial employment standards legislation and their scope
may vary from one jurisdiction to another. This means that minimum working conditions prescribed by law are not
identical across Canada for live-in caregivers or domestic workers (In several provinces, the law makes no
distinction between live-in caregivers and the more general category of “domestic workers.”)

Under the Immigration and Refugee Protection Act and Regulations, employers and live-in caregivers must sign an
employment contract that clearly defines the rights and responsibilities of both parties. The terms and conditions of
the employment contract must by law be consistent with provincial/territorial employment standards and labour
laws. In some provinces and territories, employment standards legislation does not, in whole or in part, apply to
live-in caregivers. Where there is no minimum wage applicable in a particular province or territory, Employment
and Social Development Canada (ESDC) determines the wage rate to be paid by employers. In some parts of the
country, ESDC requires employers to pay wages higher than the minimum wage rate, based on the prevailing wage
paid for this type of work.

For more information on employment standards and labour laws in provinces and territories, please consult the
following websites. Please note that the following information is subject to change.

Also note that the ESDC website provides a table of regional wages, working conditions and advertisement
requirements for the Live-in Caregiver Program: [Link]/eng/jobs/foreign_workers/caregiver/[Link].

Alberta

 Website: [Link]/SFW/[Link] (available in English only)

British Columbia

 Website: [Link]/esb/ (available in English only)

Manitoba

 Website: [Link]/labour/standards/

New Brunswick

New Brunswick’s Employment Standards Act and Regulations do not apply to persons working in private homes.
Therefore, live-in caregivers have no protection under provincial employment standards legislation, which makes it
all the more important to clearly spell out the working conditions in the employment contract.

 Website: [Link]/content/gnb/en/departments/post-
secondary_education_training_and_labour/[Link]

Newfoundland and Labrador

  Website: [Link]/lra/faq/[Link]

Northwest Territories and Nunavut

 Website: [Link]

Nova Scotia

 Website: [Link]/lae/employmentworkplaces/

Ontario

 Website: [Link]/english/es/

Prince Edward Island

 Website: [Link]/index.php3?lang=E

Quebec

 Website: [Link]/en/home/[Link]

Saskatchewan

Saskatchewan’s Labour Standards Act and Regulations do not apply in the same way to “care providers” as they do
to domestic workers (these two categories have their own definitions). The minimum employment standards also
vary depending on whether or not the employee lives with the employer.

 Website: [Link]/ (available in English only)

Yukon Territory

Most provisions of the Employment Standards Act apply to domestics, including domestic homemakers. However,
the Act does not cover sitters working in a private residence solely to attend to a child, or to a disabled, infirm or
other person (General Exemption Regulations).

 Website: [Link]/[Link]
Appendix E Provincial and territorial employment standards – Contact
information

If you have questions, difficulties or complaints regarding your employment as a live-in caregiver, you can call or
visit the labour or employment standards branch for your province or territory. The counsellors at these offices will
be able to answer questions you may have about your rights and help you if you are having any work-related
difficulty with your employer. Sometimes you will hear a pre-recorded message when you call these numbers. Just
stay on the line and follow the directions that you receive. If the recorded message does not answer your question,
a counsellor will eventually come on the line. These numbers are used frequently, and it may take more than one
try to get through. Be patient.

If you prefer, you can write to the office responsible for labour or employment standards in your province or
territory. Just write a letter clearly indicating your question or concern and mail it to the address shown. Be sure to
include your name and occupation (what you do) and how you can be reached (phone number and address). If it is
important that you get assistance quickly, remember that calling is faster than writing. Do not hesitate to contact
these people. They are here to help you.

Please visit the CIC website for further details: [Link]

Appendix F Counselling fact sheet

Important Information for Live-in Caregivers

The CIC website provides information on the rights of temporary foreign workers and the law:
[Link]

You must have a written employment contract signed by both you and your employer. The contract defines your
job duties, hours of work, salary and benefits, such as overtime. The contract also reinforces your employer’s legal
responsibilities to you. This requirement helps provide a fair working arrangement between you and your employer,
and provides both of you with a clear understanding of what is expected of you.

You should ask for a “pay slip” with each pay cheque that shows your deductions and net pay (pay after
deductions).

If you are not happy with your job, you should tell your employer. A little flexibility on both sides is often enough to
cause changes so that you are both happy. Some employers have waited a long time and may have paid agency
fees to bring you to Canada. They will appreciate your honesty.

If you decide to change employers, you cannot begin work until you get a new work permit that names your new
employer. Your new employer needs to get approval from Employment and Social Development Canada/Service
Canada before you can get your new work permit and begin working for them.

The work permit you receive when you enter Canada may allow you to work in Canada as a live-in caregiver for up
to four years plus three months. The date when your work permit expires is on the work permit. Even if you do not
change employers, you need to renew your work permit as required before it expires. You should apply for an
extension of your work permit in Canada at least three months in advance of the expiry date. This is your
responsibility, not your employer’s.

It is your responsibility to keep your legal documents (such as your work permit and passport) safe. You should not
give them to anyone, even your employer. Although you may be asked to show these documents for verification
(for example, your employer may ask to see your work permit), you should always keep them in your possession.

Under no circumstances can an employer have you deported from Canada. Your employer has no authority to hold
your passport.

If you or someone else lied about your education, training or experience when you first applied in the Live-in
Caregiver Program outside Canada, you could be disqualified from the program in Canada.

If you want to apply for permanent residence in Canada:

 you must work full-time as a live-in caregiver for at least 24 months or a total of 3,900 hours in a
minimum of 22 months within the four years immediately following your entry into Canada under the Live-
in Caregiver Program;
 you, your spouse and your dependent children must meet admissibility requirements and must not be
going to an immigration inquiry (hearing) or be under an order to leave Canada. For example, if you
marry a refugee claimant in Canada, the status of your spouse could prevent you from obtaining
permanent resident status;
 you must live in the home of the person(s) for whom you have been hired to provide care or you cannot
continue to work in the Live-in Caregiver Program, and you cannot apply for permanent residence; and
 you must maintain your temporary resident status and have a valid work permit as a live-in caregiver at
the time you apply for permanent residence.

When calculating your work experience as a live-in caregiver, you cannot include:

 any periods of unemployment;

 any extended time outside Canada (for example, if you leave Canada for longer than the period of
vacation time allotted in your employment contract, that period does not count); or
  any period you work for your employer outside Canada (for example, time spent on a family vacation will
not count).

If you plan to apply for permanent residence, you may wish to get original documents that show, in as much detail
as possible, all of your education, training and experience before you leave your country. These documents could
help you when you apply for work in Canada, or help you get into a program of study, after you become a
permanent resident. It is often easier to get these documents while you are still in your home country.

If you had to get a temporary resident visa to come to Canada, you may have to get a new one if you leave
Canada temporarily, on holidays, for example, unless you are visiting the United States.