Nanni's work permit issues

[jaynexo]

Hi everyone;

We have a Nannie. She arrive din Canada with her minor child to get schooling in Canada. A year and a half into her schooling, she had political unrest in her home country. She could not receive money to pay for child's tuition fees. To off set the expenses, she applied for a work visa mid 2019, under the Nanni program/childcare pathway. We then were gripped with Covid. Since she had applied and paid fees, her status had changed (or would have changed). However she never received any documentation from CIC due to Covid delays.

The case progressed, in Q1 2022, she was asked for police reports from her home country and Alberta (that is where she lives and works). She was also asked for a medical check up.

The case officer is now asking them for proof of valid status and that her child is still at a Canadian school. Apparently the Case officer does not know that her application status changed.

Has anyone had a similar experience, how can we help her? Is there a lawyer you can recommend?


Thanks
Jay.

 

[scylla]

Hi everyone;

We have a Nannie. She arrive din Canada with her minor child to get schooling in Canada. A year and a half into her schooling, she had political unrest in her home country. She could not receive money to pay for child's tuition fees. To off set the expenses, she applied for a work visa mid 2019, under the Nanni program/childcare pathway. We then were gripped with Covid. Since she had applied and paid fees, her status had changed (or would have changed). However she never received any documentation from CIC due to Covid delays.

The case progressed, in Q1 2022, she was asked for police reports from her home country and Alberta (that is where she lives and works). She was also asked for a medical check up.

The case officer is now asking them for proof of valid status and that her child is still at a Canadian school. Apparently the Case officer does not know that her application status changed.

Has anyone had a similar experience, how can we help her? Is there a lawyer you can recommend?


Thanks
Jay.

It's a bit confusing to understand her full history.

Was her work permit ever approved?

 

[jaynexo]

Thanks for the reply.
From what i understand (having seen the paperwork), is that she applied for an Interim pathway in Oct 2019 (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/caregivers/interim-pathway.html). She was on a valid visit visa when she applied for this Interim program.

I am not aware if she received any official Acknowledgements of Application or change of status. I can double check though. She was directly asked for a Medical exam and Police check.

 

[scylla]

Thanks for the reply.
From what i understand (having seen the paperwork), is that she applied for an Interim pathway in Oct 2019 (https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/caregivers/interim-pathway.html). She was on a valid visit visa when she applied for this Interim program.

I am not aware if she received any official Acknowledgements of Application or change of status. I can double check though. She was directly asked for a Medical exam and Police check.

Sorry, I'm really confused. To the best of my knowledge the Interim Pathway was only available to individuals on a work permit in Canada. If she was in Canada as a visitor, then she didn't qualify for this program to the best of my knowledge.

Has she been extending her status in Canada as a visitor?

 

[jaynexo]

she had a valid visa until she applied. Following that, she did not receive any correspondence from IRCC. They followed up through an online enquiry and were advised that their application is in process. The letter has an application number on it as well.

 

[scylla]

she had a valid visa until she applied. Following that, she did not receive any correspondence from IRCC. They followed up through an online enquiry and were advised that their application is in process. The letter has an application number on it as well.

I think she really needs to speak with a lawyer. First of all, I'm confused how she qualifies since she was not originally on a work permit. Secondly, I don't believe that submitting this PR application gave her implied status which means she is probably out of status in Canada. It also sounds like she is working. Not sure on what basis she is doing that legally if a work permit was never issued.

 

[canuck78]

Is her child on a study permit? Has the child extended their study permit throughout their time in Canada? How have they been attending school if they aren’t paying fees and may not also have a valid study permit. It also sounds like you may be employing a nanny illegally which is problematic for your family. If this woman has somehow managed to get a valid WP have you been following the required payments process for foreign childcare providers?

 

[Hummingbird89]

Any updates?

 

[jaynexo]

Hi, sorry i was travelling and could not respond. we employed her on the basis of what we were advised. 2 years ago when we employed her we checked her immigration application papers and a note from her lawyer that her application is in process.

Her current lawyer has advised her that she is transferring her case to another lawyer in Edmonton. This is due to the fact that she is not able to help her. I have a reason to believe that this current lawyer did not provide her the correct guidance. She did not have the right background and experience.

@canuck78 and @Hummingbird89
The latest is that our nanny is preparing a response for the case officer who wants her to prove her status in Canada. This would include all her timelines (since she arrived as a visitor / guardian for her child to study in a High School in Edmonton) , her work permit application details, the receipts of the fees she paid to IRCC to covert her visit visa to work permit, and fees paid to the lawyers (2 lawyers took money from her but did nothing). She is now being helped by a lawyer/legal aide from Edmonton Community Legal Centre.

We really want to help her as much as we can. However we are not able to do much due to our own lack of understanding of the pathway. Some people on separate threads are suggesting that she is on implied status as she applied for her work permit whilst being on a valid visitor visa. Since she did not hear back from IRCC until 2022 when she was asked for her police checks and medical exams, there is not much more she can do to prove her status (IRCC was processing their application and that is why they received the request for medical etc.). Due to the worsening political situation in Iran, her funds were blocked in 2020 and she could not finance her child's school education in Canada. She had to pull her child out of the high School in Edmonton after 1.5 years (approximately in 2020). That is when she found her first job as a child care worker and applied for her work permit under Home child care program to maintain her status. She worked with her first employer for some time and then switched to working for us. We found her through an add on care.com.

I would appreciate what ever advice folks here can offer. If anybody knows a good lawyer who specializes in Home Child care programs, please provide their contact details. I can speak to them on our Nanny's behalf to help her out.


Thanks

 

[scylla]

Hi, sorry i was travelling and could not respond. we employed her on the basis of what we were advised. 2 years ago when we employed her we checked her immigration application papers and a note from her lawyer that her application is in process.

Her current lawyer has advised her that she is transferring her case to another lawyer in Edmonton. This is due to the fact that she is not able to help her. I have a reason to believe that this current lawyer did not provide her the correct guidance. She did not have the right background and experience.

@canuck78 and @Hummingbird89
The latest is that our nanny is preparing a response for the case officer who wants her to prove her status in Canada. This would include all her timelines (since she arrived as a visitor / guardian for her child to study in a High School in Edmonton) , her work permit application details, the receipts of the fees she paid to IRCC to covert her visit visa to work permit, and fees paid to the lawyers (2 lawyers took money from her but did nothing). She is now being helped by a lawyer/legal aide from Edmonton Community Legal Centre.

We really want to help her as much as we can. However we are not able to do much due to our own lack of understanding of the pathway. Some people on separate threads are suggesting that she is on implied status as she applied for her work permit whilst being on a valid visitor visa. Since she did not hear back from IRCC until 2022 when she was asked for her police checks and medical exams, there is not much more she can do to prove her status (IRCC was processing their application and that is why they received the request for medical etc.). Due to the worsening political situation in Iran, her funds were blocked in 2020 and she could not finance her child's school education in Canada. She had to pull her child out of the high School in Edmonton after 1.5 years (approximately in 2020). That is when she found her first job as a child care worker and applied for her work permit under Home child care program to maintain her status. She worked with her first employer for some time and then switched to working for us. We found her through an add on care.com.

I would appreciate what ever advice folks here can offer. If anybody knows a good lawyer who specializes in Home Child care programs, please provide their contact details. I can speak to them on our Nanny's behalf to help her out.


Thanks

My two cents is that this situation is far too complex for anyone on this forum. We are also still missing the full details - exactly when she arrived on the visitor visa, if she ever extended her visitor status, when she applied for a work permit exactly and what kind of work permit, if that works permit was ever approved and when, when exactly she applied for PR. We would need the full details to comment any further on her situation. Too many unknowns right now. I'm personally not convinced she has valid status in Canada or implied status, and it looks to me like she applied for a PR program she doesn't qualify for. I think it's important she get a consult with a good immigration lawyer asap.

 

[Hummingbird89]

Hi, sorry i was travelling and could not respond. we employed her on the basis of what we were advised. 2 years ago when we employed her we checked her immigration application papers and a note from her lawyer that her application is in process.

Her current lawyer has advised her that she is transferring her case to another lawyer in Edmonton. This is due to the fact that she is not able to help her. I have a reason to believe that this current lawyer did not provide her the correct guidance. She did not have the right background and experience.

@canuck78 and @Hummingbird89
The latest is that our nanny is preparing a response for the case officer who wants her to prove her status in Canada. This would include all her timelines (since she arrived as a visitor / guardian for her child to study in a High School in Edmonton) , her work permit application details, the receipts of the fees she paid to IRCC to covert her visit visa to work permit, and fees paid to the lawyers (2 lawyers took money from her but did nothing). She is now being helped by a lawyer/legal aide from Edmonton Community Legal Centre.

We really want to help her as much as we can. However we are not able to do much due to our own lack of understanding of the pathway. Some people on separate threads are suggesting that she is on implied status as she applied for her work permit whilst being on a valid visitor visa. Since she did not hear back from IRCC until 2022 when she was asked for her police checks and medical exams, there is not much more she can do to prove her status (IRCC was processing their application and that is why they received the request for medical etc.). Due to the worsening political situation in Iran, her funds were blocked in 2020 and she could not finance her child's school education in Canada. She had to pull her child out of the high School in Edmonton after 1.5 years (approximately in 2020). That is when she found her first job as a child care worker and applied for her work permit under Home child care program to maintain her status. She worked with her first employer for some time and then switched to working for us. We found her through an add on care.com.

I would appreciate what ever advice folks here can offer. If anybody knows a good lawyer who specializes in Home Child care programs, please provide their contact details. I can speak to them on our Nanny's behalf to help her out.


Thanks

Once you've proven status, IRCC should follow suit with an approval. I am hoping for the best.
As a side note, high school doesn't cost money so why did the child have to be taken out of school?

 

[Naturgrl]

Once you've proven status, IRCC should follow suit with an approval. I am hoping for the best.
As a side note, high school doesn't cost money so why did the child have to be taken out of school?

Believe child came to Canada on a study visa (paying international fees) and mother came as a visitor to accompany her. Child would not have been eligible for “free” education if mother got work permit as low wage NOC.

 

[Hummingbird89]

Believe child came to Canada on a study visa (paying international fees) and mother came as a visitor to accompany her. Child would not have been eligible for “free” education if mother got work permit as low wage NOC.

Wow!

 

[Copingwithlife]

Wow!

Nothing is “ free .” People indirectly pay for the education system thru their property taxes , or other taxes levied. In Toronto for example you designate whether you’ll support the public or separate ( Catholic) system

 

[Hummingbird89]

Nothing is “ free .” People indirectly pay for the education system thru their property taxes , or other taxes levied. In Toronto for example you designate whether you’ll support the public or separate ( Catholic) system

That's for sure but I'm talking about school fees. It's not right to charge kids high school age and under for their education if they're out-of-country.