Assessing eligibility to become a member of the live-in caregiver class
CPC-V must determine whether an applicant meets the following requirements to become a
member of the live-in caregiver class, as per R113:
• they have submitted an application to remain in Canada as a permanent resident;
• they are a temporary resident;
• they hold a valid work permit as a live-in caregiver;
• they entered Canada as a live-in caregiver and have provided acceptable proof of having
worked full-time as a live-in caregiver for a total of 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 (see section 9.5 below);
• they have resided in a private household in Canada while working as a live-in caregiver;
• they have provided, without supervision, child care, senior home support care, or care of a
disabled person in that household;
• they are not, and none of their family members are, the subject of an enforceable removal
order or an admissibility hearing under the Act or an appeal or application for judicial review
arising from from such a hearing;
• they did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning
their education, training or experience; and
• where they intend to reside in the province of Quebec, the competent authority of that
province is of the opinion that they meet the selection criteria of the province (see section 9.9
below).
Officers should check:
• the statutory questions on the IMM 5002, and
• the FOSS for any record of A44(1) report, referral to a hearing or removal order or pending
criminal charges.
A live-in caregiver is not eligible for permanent residence if their spouse or common-law partner is
a refugee claimant, or has appealed or sought judicial review.
Misrepresentation of education, training or experience could include misrepresentation by another
person as well as by the applicant. See the OP 14 chapter for requirements for the initial work
permit issued by the visa office as information may have since come to light indicating
misrepresentation in order to meet these requirements.
Note: Per R113(2), the 24 months or 3,900 hours of required employment may be in respect of more
than one employer or household and need not be without interruption, but may not be in respect of
more than one employer or household at a time.
GETTING APPROVAL “approval-in-principle” (eligible applicants)
For applicants determined to be members of the live-in caregiver class per R113, CPC-V sends a
letter to eligible applicants informing them that they have been granted “approval-in-principle” and
requesting any further information required to proceed with processing the application for
permanent residence under the LCP. See sample letter in Appendix A.
Approved applicants and any family members in Canada at the time of “approval-in-principle” may
apply for an open work permit and are exempt from HRSDC/Service Canada validation per R207.
To obtain an open work permit, applicants “approved-in-principle” must submit an Application to
Change Conditions, Extend My Stay, or Remain in Canada (IMM 1249) to CPC-V. Many
applicants will choose to submit an application for an open work permit at the same time as their
application for permanent residence. If the applicant’s temporary resident status is valid at the
time of their application for an open work permit, the caregiver’s status as a worker will continue
under the same conditions until their application for an open work permit is finalized and they have
been notified of a decision (“implied status”).
9.8. Refusing applicants determined not to be members of live-in caregiver class (ineligible
applicants)
For applicants determined not to be members of the live-in caregiver class per R113, CPC-V
sends a letter to ineligible applicants informing them that they have been refused and specifying
on what basis they are being refused.
here guys found this ... this is the requirements that we need to met to be ELIGIBLE FOR PERMANENT RESIDENCY UNDER LIC ...first step that we are waiting for now is the APPROVAL IN PRINCIPLE ...so check if you met all the requirements ;D
woah so if we will calculate it AIP will be in 1 yr and 2 mons from the time they received our application so for me hope will be lucky in July 2014 ;D
