Applying at Border for WP for Caregiver

[cmeadows]

I have received conflicting confirmations on my situation so I am wondering if anyone has any experience or knows what works- I've actually called CIC 3 times and been told 2 different things haha
My situation:
I am currently in Canada visiting my boyfriend- I am from the US- I was notified by my prospective employer that the LMO for a Live-in Caregiver was approved. Since I am here visiting in Canada currently and I am a US citizen I was told I can apply at the border (I have all the documents and a medical exam already). When I called CIC to check on another item, the agent said that as a Live-in Caregiver applicant I cannot apply at the border. He wasn't very sure of the specifics (I was put on hold about 6 or 7 times while he checked things). So I called back to reach another CIC agent and she said that I can apply at the border since I am visa exempt, and have a positive LMO- when I told her that the work permit and LMO were for the Live-in Caregiver she asked if I was seeking permanent residence after 2 years. I told her no that this is a temporary situation, and I would not be seeking residency after 2 years. She then said I could apply at the border for a WP for a Live-in Caregiver.

I am just wondering if anybody has applied at the border for the work permit for a care-giver and had it approved if they were not seeking residency? Or if anyone has any other suggestions or information.
Since I am currently visiting it would just make it easier to "flagpole" and go apply at the border.

Thank you for any suggestions!

 

[APOLS]

Hi I actually have the same issue with my sister, did you apply through the border? The thing is, she is not an american citizen like you. How did your application cme out? Please give me an update.

Thanks.



I need help for my sister (Philippine citizen). She came here in Canada with a tourist visa for 14 months now and still has a valid visa for 3 more months. She found an employer who wants to hire her to work as a nanny, got an LMO for the Live-in Caregiver (she qualify the criteria) which is expiring in 5 months from now. My Questions:

1. Which office can we send her work permit application while she is still in Canada (tourist)?
2. Can we submit it within Canada?

3. I also heard of going through the flag pole, how does that work? Is it done in one day?

4. Can't we just apply and submit it within Canada and use the form "Change in Condition Status "?

5. We are trying to apply for her US tourist visa. Hope it will be granted.

Pleaseeeeeeee helpppp. I will appreciate all responses.


Thanks.

ABBY

 

[lucybear05]

I'm no expert, but this is my understanding. If you actually want to get into the immigration program called the "Live-in Caregiver" program (the LCP), you cannot just apply at the border. You must make an application in advance to a Canadian embassy somewhere else in the world (ie. presumably the Canadian embassy closest to where you currently live). This program is a special immigration program, which (among other things) allows workers to apply for an open work permit and permanent residency after they have worked in Canada for a certain amount of time (usually two years).

If you are not interested in this program, but instead you just want to come to Canada on a very temporary basis and work as a caregiver, I believe that SOMETIMES people do get work permits as nannies/caregivers OUTSIDE of the actual live-in caregiver program. If so, you would simply be like any other unskilled temporary foreign worker - max. 4 years allowed in Canada, etc. I have heard that CIC is getting less and less interested in allowing nannies/caregivers to come to Canada OUTSIDE of the formal Livein Caregiver program. I am not sure what would happen if you just showed up at the border with an LMO in your situation...

What kind of LMO was applied for and obtained? Is it an LCP LMO? If it IS an LCP LMO, then my guess is you would be turned away at the border, because the LCP requires application in advance to a Canadian embassy. But that's just my guess - I'm not an expert. I'm just an employer who comes on these boards because I employ foreign nannies.

 

[dna]

I agree with the comment above. The application under Live-in Caregiver Program should be submitted to the one of the visa offices outside Canada (if you are in Canada already). So, it is either to the visa office in your home country or to the United States.

This is my experience. I came to Canada as a student and when the program I attended, I got a job offer as a live-in caregiver. I extended my stay by changing my condition as a visitor and stayed with a relative while my employer applied for an LMO for me. I believed I had to submit my work permit application to one of the embassies/consulates outside Canada. So after the LMO application had been approved, I submitted my application (Work Permit Application Made Outside Canada) to the Canadian Consulate in Seattle since this is the closest consulate to where I resided in BC, Canada. (However, I heard that the Canadian Consulate in Seattle was closed several months ago). I made an upfront medical examination at one of the designated practitioners in BC and submitted the receipt of the medical examination. Four months after submitting the application, I received the invitation for an interview at the Consulate. I applied for the US visa, which thankfully got approved, to attend the interview in Seattle. My application under Live-in Caregiver Program was approved after I passed the interview and I got my passport back with the work visa stamped in it just 2 hours after the interview.

That was almost 3 years ago. I completed 24 months of working as a live-in caregiver and have submitted OWP/PR application. I received my OWP 2 months ago.

 

[canuck_in_uk]

I am just wondering if anybody has applied at the border for the work permit for a care-giver and had it approved if they were not seeking residency? Or if anyone has any other suggestions or information.
Since I am currently visiting it would just make it easier to "flagpole" and go apply at the border.

The call centre is notorious for giving conflicting answers. As per CIC's website, live-in caregivers cannot apply at the border. http://www.cic.gc.ca/english/resources/publications/work-temp.asp

Some workers can apply at a port of entry

Most foreign workers must apply for a work permit outside of Canada. However, you may apply for a permit when you arrive at a port of entry in Canada if:

- you are from the U.S., Greenland or St. Pierre and Miquelon;
- you do not need a temporary resident visa (TRV) to visit Canada and your job does not need a labour market opinion from HRSDC;
- you will not be working as a live-in caregiver or as a seasonal agricultural worker
- you do not need a TRV to visit Canada, your job requires you to have an HRSDC labour market opinion and it has been issued by the time you arrive.

 

[APOLS]

Thanks to all the responses. I have spoken to an immigration consultant yesterday and advised us to go around the border and said, should be ok. Whewwwwwwwwww !!!!I am so nervous to take her advise as my sister has only 3 months left stay in Canada and can't afford to get rejected as there will be no time to reapply for a New LMO by then ;(

Hope everything will be alright. If anyone knows with the same situation and was successful pls let us know.

Thank you once again.


PS, If you are an visa exempt country it is a different story as it is easy to apply flagpole.

 

[dna]

Determine your eligibility – Live-in caregivers

You must meet certain requirements to be eligible for the Live‑in Caregiver Program in Canada.

You will need:
► A positive Labour Market Opinion (LMO) from an employer in Canada

► A written contract with your future employer, signed by you and the employer

► Successful completion of the equivalent of a Canadian secondary school education

► At least six months' training or at least one year of full-time paid work experience as a caregiver or in a related field or occupation (including six months with one employer) in the past three years

► Good knowledge of English or French

▼ A work permit before you enter Canada
To participate in the Live-in Caregiver Program, you must make an application for an initial live-in caregiver work permit at a visa office outside Canada.

If your application is successful, you will receive a letter of introduction from the Canadian visa office responsible for your area. You will need to present this letter to the Border Services Officer upon arrival in Canada in order to obtain your work permit.

This information is from CIC website below.
http://www.cic.gc.ca/english/work/caregiver/apply-who.asp

The information below is also copied from CIC website.

After you apply: get next steps – Live-in caregivers

After the visa office begins to process your live-in caregiver work permit application, you will be invited to an interview. A visa officer will interview you to make sure you meet all the requirements of the program. You will also get instructions for medical tests and background security checks.

After you pass the medical examination and security screening and meet all other requirements, you will receive a letter of approval. The work permit will be issued only upon your arrival in Canada.

A work permit is not a travel document. The visa office will also issue a Canadian temporary resident visa if you need one to enter Canada. The visa officer will put it in your passport at the same time as they issue your authorization letter for a work permit.

Remember, you must also get a passport from your home country. Citizens and permanent residents of the United States or St. Pierre and Miquelon do not need a passport or a temporary resident visa to enter Canada. Residents of Greenland do not need a passport or a temporary resident visa to enter Canada from Greenland. However, citizens and permanent residents of the U.S., St. Pierre and Miquelon or Greenland must provide proof of citizenship or permanent residence, such as a national identity card or an alien registration card, when seeking to enter Canada.

 

[cmeadows]

Thank you all for the responses!

As Abby posted and said, their immigration consultant told them that they could apply at the border.

I finally spoke to a supervisor at the CIC and they said that if I notified the border agents that I was not seeking PR status, that I could apply at a POE with my LCP LMO- it's all very tricky and confusing, but apparently it can be done. I have a feeling it's more going to be based on the agents mood and personality that day when I apply.

Thank you again for the suggestions!

 

[scylla]

Thank you all for the responses!

As Abby posted and said, their immigration consultant told them that they could apply at the border.

I finally spoke to a supervisor at the CIC and they said that if I notified the border agents that I was not seeking PR status, that I could apply at a POE with my LCP LMO- it's all very tricky and confusing, but apparently it can be done. I have a feeling it's more going to be based on the agents mood and personality that day when I apply.

Thank you again for the suggestions!

The only way you will receive an LCP work permit at the border is if the officer makes a mistake and fails to follow the rules. This decision isn't based on the agent's mood - the rules are black and white. LCP work permits cannot be issued at the border.

 

[APOLS]

Maybe it is best mentioning that my sister is not seeking for PR status but just merely an employment experience.

Thanks. I'll come back in the future for a feedback after the application, hope it will be a positive one.

Thanks all!! I appreciate your responses

Abby

 

[ludovica]

Maybe it is best mentioning that my sister is not seeking for PR status but just merely an employment experience.

Thanks. I'll come back in the future for a feedback after the application, hope it will be a positive one.

Thanks all!! I appreciate your responses

Abby

hi there, just curious, if your sister got her WP at the border. thanks

 

[APOLS]

We have not applied yes as we are still unsure and scared of what is going to be. Unfortunately her status is going to end soon as a visitor. Do you have any idea where to apply?

 

[grafe]

hi ApOLS, tell your sister she can applied her work permit at New york consulate since she's here in Canada. My immigration consultant applied mine there and still on the process. If she's going to apply in Philippines that will takes for a year to get the result.

 

[APOLS]

Yes, that is what we have in mind now. However, the problem we have is her visa is expiring very soon and we need to renew it (which is not a problem) but because she`s been here for 16 months now, we are skeptical that she will be given an extension even if I will show support to her.

Anyways, since you mentioned that yours is in the process right now, we tried to fill the questions online to know if she will qualify to submit online but they end result was she is not allow because we answered ``Canada`` as her present address but if we put ``US`` she can submit via online. Did you submit your online or by mail? For how long are you waiting now?

Thanks for the response grafe.


apols

 

[mylady833]

Maybe it is best mentioning that my sister is not seeking for PR status but just merely an employment experience.

Thanks. I'll come back in the future for a feedback after the application, hope it will be a positive one.

Thanks all!! I appreciate your responses

Abby

This is my sister's experience, she went to the border last year to apply for her work permit under live in caregiver. At the border the officer asked her if she is applying under the live in caregiver program and plans to apply for a permanent resident after 2 years, my sister said yes and the officer told her that the LIC is a special program and they do not issue work permit on the border under LIC. However if my sister just wanted to be a temporary worker they can give her a work permit. They said should they issue my sister a work permit that time on the border and apply for permanent resident after 2 years she will not be qualified as all LIC should apply their work permit outside canada. They advice her to come back after she gets her introduction letter from her application for work permit outside canada. Yes they issue work permit for LIC just inform them that you are not applying for permanent residence under the LIc program.