Caregiver on visit visa wishes to obtain a work permit

[Naturgrl]

And you continue to step in it. Zero class.

You told me I should be embarrassed so I have to respond. I am not. And you have yet to actually address the OPs issues and questions which I asked you many times to respond to instead of responding to me. Don’t be fixated on me but the OP and give some advice. Others have posted about your poor advice so not sure why you are coming after just me.

 

[mr.preetsingh]

Dear Experts,

Your opinion/advice are needed. Thank you in advance.

A British citizen has been in Canada on visit visa intermittently for over a year now and has been working as caregiver for several families in Canada on cash basis.

Now, she wants to pursue a PR status. For this purpose, she thought that she would need a work permit to start with. So, a Canadian family arranged an LMIA for her, that was approved by the government. But then that family traveled abroad, and she lost connections with it. So, the LMIA might have invalidated or expired.

Questions:

• Is the LMIA attached to the applying employer so a fresh LMIA shall be required for her with a new employer?
• What is the validity of an LMIA and is it renewable?
• If the old LMIA is usable and transferable to another employer, then can it be traced in the government system? And what will be the process and estimated time and cost?
• Will her experience, as caregiver on visit visa, be credited if she applies for work permit and then eventually, PR?
• Is there any other option than the work permit path to obtain a PR? What is the process, timeline, and cost?
• For a work permit as caregiver, is any Canadian citizen/PR family eligible to issue a work permit for her? If not, what are the requirements?

Under HCCP and HSWP

Visitors or visitor visa applicants can not apply HCCP and HSWP

Visitors or visitor visa applicants with positive LMIA can not apply under any Caregivers program.

 

[Hummingbird89]

Under HCCP and HSWP

Visitors or visitor visa applicants can not apply HCCP and HSWP

Visitors or visitor visa applicants with positive LMIA can not apply under any Caregivers program.

Visitors can apply for the caregiver pilot programs. There is nothing saying they can't. People are able to apply to adjust status inland for the foreseeable future.

 

[Hummingbird89]

You told me I should be embarrassed so I have to respond. I am not. And you have yet to actually address the OPs issues and questions which I asked you many times to respond to instead of responding to me. Don’t be fixated on me but the OP and give some advice. Others have posted about your poor advice so not sure why you are coming after just me.

I am not getting notifications about anyone else than you.
I am on this platform just as much as Mr.PreetSingh helping people. I am a citizen and started my journey through IEC. Just because it slipped my mind that it was for younger people doesn't give you the right to jump down my throat. As for anyone else with a problem with me, feel free to tell me over the phone. DM.

 

[Naturgrl]

Visitors can apply for the caregiver pilot programs. There is nothing saying they can't. People are able to apply to adjust status inland for the foreseeable future.

Correct. Just states needs legal status to apply inland.

 

[mr.preetsingh]

Correct. Just states needs legal status to apply inland.

Yeah, but they can't apply with LMIA as HCCP and HSWP is non-LMIA based and caring for children programs were closed on June 18 2019. That's why they brought up the HCCP/HSWP programs.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/caregivers.html

There was a notification from IRCC about this as well. It said Visitors can apply under HCCP / HSWP until April 23, 2022. After that, they denied it.

• Updated Ministerial Instructions related to the refusal-to-process came into force on April 23, 2022. Aligned with the Department’s intent to not process work permit applications for caregiver occupations received outside of the caregiver pilots (and therefore with no pathway to permanent residence), these new provisions ensure visitors in Canada are not able to apply for a work permit in a caregiver occupation. This includes those who may apply through the visitor-to-worker public policy, and foreign nationals who apply for an initial work permit in a caregiver occupation at Canadian ports of entry.

Read here : https://www.canada.ca/en/immigratio...y/committees/cimm-nov-29-2022/caregivers.html

 

[mr.preetsingh]

Visitors can apply for the caregiver pilot programs. There is nothing saying they can't. People are able to apply to adjust status inland for the foreseeable future.

You should read this : https://www.canada.ca/en/immigratio...y/committees/cimm-nov-29-2022/caregivers.html

 

[Naturgrl]

You should read this : https://www.canada.ca/en/immigratio...y/committees/cimm-nov-29-2022/caregivers.html

But is there anywhere that states a visitor cannot apply for the HCCP program from within Canada. This has nothing to do with a LMIA.

 

[mr.preetsingh]

But is there anywhere that states a visitor cannot apply for the HCCP program from within Canada. This has nothing to do with a LMIA.

The Current processing time is 36 months for HCCP program.

I am trying to understand how a visitor can stay for 36 months in Canada. Without a job, how will a visitor afford to live?

 

[Hummingbird89]

You should read this : https://www.canada.ca/en/immigratio...y/committees/cimm-nov-29-2022/caregivers.html

I am aware of this.
This relates to those seeking to do the previous caregiver program; not the pilot.

• Updated Ministerial Instructions related to the refusal-to-process came into force on April 23, 2022. Aligned with the Department’s intent to not process work permit applications for caregiver occupations received outside of the caregiver pilots (and therefore with no pathway to permanent residence), these new provisions ensure visitors in Canada are not able to apply for a work permit in a caregiver occupation. This includes those who may apply through the visitor-to-worker public policy, and foreign nationals who apply for an initial work permit in a caregiver occupation at Canadian ports of entry.

This is for those trying to apply outside the caregiver pilot that started in 2019.

Please see here:
https://www.canada.ca/en/immigratio...als/updates/2022-refusal-caregivers-lmia.html

They want to stop caregiver applications through LMIA or Temporary Foreign Worker Program and instead push the pilots.