What are points A to E…so there was more than just job offer not genuine? What are your timelines - received and responded to PFL, when ordered GCMS? GCMS notes may state that trying to hire a family member, she doesn’t need full time care, not enough done to find caregiver in Canada, salary not enough etc. All these can make a job offer not genuine to IRCC.
Procedural Fairness Letter- JO is not Genuine
- Thread starter Babe1602
- Start date
No after PFL i submitted the offer letter again with new updated form and update the salary as in 2020 salary was 16.5 doller. GCMS notes i didnt order as it was taking time and i have to submit the updated job offer letter.
So when did you receive PFL and then respond. So you have or haven’t received response from IRCC about PFL. So they rejected the response? If so, is the file even open. GCMS notes should be ordered ASAP. Reconsideration is only if error in law.
What I meant was requesting GCMS notes after the PFL just to see what the say.
You obviously couldn't have waited for the GCMS notes to arrive before responding to the PFL. That makes sense. However I personally would have ordered GCMS notes afterwards to see the full details of IRCC's concerns and why they were intending to refuse the application.
Anyway, all you can do is request the GCMS notes now to see the details.
Good luck.
Below are points A to E
they have received an offer of employment for full-time work that meets the following conditions:
o (A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
o (B) it is for a position in a province other than the province of Quebec,
o (C) it is in respect of an eligible occupation,
o (D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification (NOC 4412, with the exception of housekeepers), and
o (E) it is genuine and likely to be valid when the applicant is issued their initial home support work permit,
i am sep 2020 and i got Bio in Mar 2022. ADR in May 2023 and PFL in june 2023.
So employer responded to PFL in June, and have yet to receive a response. Order GCMS ASAP.
A. Single employer is the person who requires care.
B. Don’t live in Quebec
C/D. Job aligns with the NOC.
E. This could be hiring a family member, person requiring care doesn’t have income to support a full time care worker, full time care not required, other options for full time caregiver in Canada, showed couldn’t hire someone in Canada etc. GCMS notes may outline concerns.
So much nice of you. Lets the GCMS comes and i will update you. Thanks alot again
How much does he make over 100k? To afford a caregiver you need significantly over 100k especially in some areas of the country where cost of living is very high. Has the family had a caregiver since 2020? A doctor saying someone needs a caregiver is not enough they need a reason for the caregiver backed up by a diagnosis and tests. Sadly some doctors will write anything for a fee. If there was no caregiver since 2020 you would also have to show why you needed a caregiver at this point. Hiring a family member will always come with additional scrutiny because there has been so much abuse of the system. If your aunt is 55 unless she has a degenerative disease there wouldn’t be a need for a full-time caregiver. It looks like she may have some back issues but based on your own admission he was looking more for a companion for his spouse likely with some housekeeping and cooking duties. That is why you were likely denied. Someone could be hired to help the husband cook and clean if the wife had a bad tailbone as was also mentioned. That would not require a full-time caregiver. In Canada a husband would be expected to help cook and clean before approving caregiver from abroad where as in some other countries if the wife is ill or has some physical limitations a female relative or a women who is not family would be brought in. When people are in the late 70s-80s-90s they can get a caregiver approved for a similar reasons because they don’t have a younger spouse or children living with them who are able take on responsibilities if one spouse/parent has health issues and limitations. Older people are more fragile so there is increased risks of broken bones from falls, bleeding, cognitive impairment, etc.
If you want to be a caregiver I would suggest working for a family that isn’t related to you.
If you want to be a caregiver I would suggest working for a family that isn’t related to you.
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Your questioning is logical but doctor is not like he gave the letter to get the fee as their family doctor. Doctor statement mentioned is
Patient is suffering from chronic recurrent low back pain, sciatica and bilateral osteoarthritis of knees. It is recommended that she avoid bending and heavy lifting, and therefore, requires assistance with many aspects of activities of daily living, such as cook\ng, house cleaning, laundry and groceries, to name a few issues.
A home support worker, or house keeper would help her in avoiding future back problems, as well assist her in her activities of daily living.
Rest in 2020 care was taken by son and spouse. Son got married in 2020 and living other state. There is no such statement in entire CIC website that caregivers are not allowed from family or there is restrcition to bring.
These are duties in job offer
Provide Care & Companionship, Assist in regular exercise, Help in using heat and cold pads during back pain, Assist with other aspects of personal hygiene, Assist in exercise for the osteoarthritis of knees, Massage therapy during pain in knees, Daily Prepare Meals, Assist in shopping, Launder clothing and household linens, Wash dishes and making beds, Assist in other daily routine activities which includes weight lifting and other stressful activities.
Patient is suffering from chronic recurrent low back pain, sciatica and bilateral osteoarthritis of knees. It is recommended that she avoid bending and heavy lifting, and therefore, requires assistance with many aspects of activities of daily living, such as cook\ng, house cleaning, laundry and groceries, to name a few issues.
A home support worker, or house keeper would help her in avoiding future back problems, as well assist her in her activities of daily living.
Rest in 2020 care was taken by son and spouse. Son got married in 2020 and living other state. There is no such statement in entire CIC website that caregivers are not allowed from family or there is restrcition to bring.
These are duties in job offer
Provide Care & Companionship, Assist in regular exercise, Help in using heat and cold pads during back pain, Assist with other aspects of personal hygiene, Assist in exercise for the osteoarthritis of knees, Massage therapy during pain in knees, Daily Prepare Meals, Assist in shopping, Launder clothing and household linens, Wash dishes and making beds, Assist in other daily routine activities which includes weight lifting and other stressful activities.
Family members can apply but read the IRCC about family members applying and IRCC states that there will be extra scrutiny for being a genuine offer and not trying to get PR for family. They may need to show that they have hired PSW to come into home and why it didn’t work. See that doctor note says ”or housekeeper” and that is not the HSWP. You can hire a cleaner to come into the house. Many people do and they don’t have chronic/health issues. No where does it say full time care in the note. In Canada, PSW may come in and out through the day and help with daily living but person doesn’t need 24/7 care.
All you can do is wait and see what GCMS notes say.
Caregivers can certainly be family members however these applications fall under greater scrunity.
Ultimately there's not much you can do at this point but wait for the GCMS notes to see the detailed refusal reasons.
There is no need for a full-time caregiver for a couple when one spouse is suffering from osteoarthritis in the knees, sciatica and low back pain. Would guess over 50% of those over 55 have osteoarthritis of the knees and low back pain. Is your aunt wheelchair bound? The extent of the osteoarthritis and sciatica/back pain and what treatment she has received or is currently receiving would be part of the assessment. For example if you included MRI reports and reports from a neurosurgeon indicating herniated discs, disc degeneration, etc. what treatment your aunt had received for sciatica, what she was currently receiving (medication, injections like nerve blocks, whether she was waiting for spine surgery, etc.) would likely have a significant impact on whether she would be approved for a full-time caregiver. A caregiver can provide companionship, help with hygiene, assist with shopping, etc. but that is really meant for people who don’t have a healthy spouse. A portion of the potential caregiving roles are meant for elderly people who can’t leave home and don’t have a healthy spouse that can help complete tasks. If you help with hygiene include an OT assessment and provide proof of adjustments that had to be made to the bathroom (purchase of shower chair, grab bars, etc.) There are many doctors who will write anything in a medical letter especially when it has zero medical implications. They aren’t having to justify the care needs to the province or insurance company although that also doesn’t stop many doctors who are happy to provide letters for things like disability as long as they can collect their extra fee. Many doctors would still write the letter if you explained that you were trying to bring a family members to Canada through the caregiver program and you needed a letter saying you needed a full-time caregiver. Your aunt and uncle could hire a cleaner for a few hours a week. The fact that the haven’t hired a full-time caregiver while waiting for your application or even a part-time caregiver would lead to concern that this is primarily driven by immigration not need for caregiving. There is only 2 people in the household there shouldn’t be a lot of cooking or cleaning needed and why can’t the husband prepare food or clean? Hiring a cleaner for maximum one day a week, you can even order groceries online and the husband helping with food preparation should be sufficient. Assume you aren’t a physiotherapist and the exercises required for things like osteoarthritis in movement so your joints don’t lock up and small exercises to strengthen the muscles around the knee. They don’t require someone to assist in doing the exercises. You have to look from the point of view officer. Other than a very vague doctor’s letter that basically describes general aches and pains that could apply to most people 50+ and sciatica there is not a lot of medical information that would justify a full-time caregiver in a family with 2 middle aged adults. Why would a family pay a significant amount of money to have a full-time caregiver when someone could come in for half a day a week, a few hours a day, a full day a week and be able to clean up, do a load of laundry and even prep some food if necessary. If there is such a medical need why has the family not hired someone even if it part-time while the application is being processed? If the family is able to manage on their own a part-time caregiver or housekeeper would likely be a big help but do they really need to go from nothing to 40 hrs/wk? Most families would save 30k a year and hire someone to come in on a part-time basis especially given we are talking about 2 adults. Do you qualify to immigrate via other programs? For a visa officer without much more medical proof there isn’t enough evidence to warrant a full-time caregiver and quite a lot of concern that if this didn’t involve immigration or a family member that this family would likely not be hiring a full-time caregiver. There will always be more proof required to justify hiring a family member because so many families have used caregiving programs as immigration programs for family members.
This
My father just turned 90. Lives on his own in a very large house , huge yard. He has cancer , glaucoma, cataracts, two hip replacements, heart disease , high blood pressure , kidney disease , and he only has someone come in once a week to do a cleaning , laundry . He does his own grocery shopping . He lives in Calgary. So as I mentioned he lives in his own . When it snows , which it does in Calgary, he refuses to get someone to plow his sidewalks or driveway . He gets up @ 5:00am , revs up the snow blower and not only does his sidewalks, but the entire Crescent.
And can’t forget the time he went hunting when he was 85, tripped and his shotgun went off and missed head. Only ended up in the ditch for a couple hours till someone found him .
And had covid three times .
Think it’s time for the husband to step up . You know “ in sickness and in health .”
Just like my dad! 86 - glaucoma, cataract, hip replacements and I have someone plow his driveway. He would do it but I don’t want him to. He can drive and do daily activities. I find it hard to believe that at woman in her 50s can’t dress, cook, or drive herself. Even my 80 year old aunt who has had two back and neck surgeries and cannot bend over doesn’t have 24/7. She lives on her own and has hired someone to clean a couple times per week. Husband not doing his part - hire a cleaner, PSW to come in once a day if she cannot get out of bed.