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live-in caregiver applied for open work permit, can get specific work permit?

cvic

Full Member
Dec 12, 2006
22
0
A person has applied for permanent residence, having completed 24 months of work as a live-in caregiver within three years, and has submitted an application for an open work permit. If in between submitting this application for an open work permit and receipt of its approval, a job offer, but not as a live-in caregiver was given to the subject, can the subject apply for a work permit for this job without affecting the status of the permanent residence/open work permit application?
 
S

safii

Guest
sorry dear i can't reply u bcoz i don't know what that exactly is?i hv the condion as u .
my 2 years l'll be completed in july2010 n i don't know how to apply for open work permit n pr card
can u teel me plz?
thanks for reading my msg
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

cvic said:
A person has applied for permanent residence, having completed 24 months of work as a live-in caregiver within three years, and has submitted an application for an open work permit. If in between submitting this application for an open work permit and receipt of its approval, a job offer, but not as a live-in caregiver was given to the subject, can the subject apply for a work permit for this job without affecting the status of the permanent residence/open work permit application?
Yes, but why bother? You are going to get an open work permit which allows you to work anyone before the specific one would be processed.
 

Basya

Full Member
Oct 17, 2009
26
0
Re: live-in caregiver applied for open work permit, can get specific work permit

I am in the same situation and just do not want to work as a live-in caregiver while I am waiting for an open work permit which is about 7-8 months. Immigration officer threatened me that processing of my application will be stopped if I work as somebody else, not live-in nanny even if i have a valid work permit for that job. Can u please give me the regulations or law where it states that I can work with a valid work permit as for example live-out nanny and wait for my open work permit. Thanx.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Re: live-in caregiver applied for open work permit, can get specific work permit

Basya said:
I am in the same situation and just do not want to work as a live-in caregiver while I am waiting for an open work permit which is about 7-8 months. Immigration officer threatened me that processing of my application will be stopped if I work as somebody else, not live-in nanny even if i have a valid work permit for that job. Can u please give me the regulations or law where it states that I can work with a valid work permit as for example live-out nanny and wait for my open work permit. Thanx.
Hi,

Looks like you have to wait for the positive assessment (meaning you met all requirements)

Permanent Residence for Live-In Caregivers

Certain aliens who have worked in Canada as live-in caregivers may seek permanent residence after certain conditions have been met. According to S. 113 of the IRPR, a foreign national becomes a member of the live-in caregiver class (and is therefore eligible for permanent residence) if:

1. They have submitted an application to remain in Canada as a permanent resident;

2. They are a temporary resident;

3. They hold a work permit as a live-in caregiver;

4. They entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,

1. Resided in a private household in Canada, and

2. Provided child care, senior home support care, or care of a disabled person in that household without supervision;

5. They are not, and none of their family members are, the subject of a removal order or an admissibility hearing under the Immigration and Refugee Protection Act ("IRPA") or an appeal or application for judicial review arising from such a hearing;

6. They did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training, or experience, and

7. Where they intend to reside in the Province of Quebec, they competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

The cumulative period mentioned above may be in respect of more than one employer or household and need not be without interruption. However, it may not be in respect of more than one employer or household at a time (i.e. concurrent employment).

Permanent Residence Application Procedure

Once the applicant has met the above requirements, he or she may complete an application for permanent resident status. As part of this filing, the applicant must prove that he or she has worked as a full-time live-in caregiver for two years. As proof of employment, a statement of earnings, T4 slips, or other similar documentation should be submitted. If the applicnat has changed jobs since his or her arrival in Canada, records of employment from each of the former employers should also be submitted.

The live-in caregiver application for permanent residence will not be assessed on the basis of the applicant's financial situation, skills upgrading in Canada, volunteer work, marital status or the number of family members in the country of origin. A live-in caregiver can be found ineligible for permanent residence if he or she, his or her spouse or common-law partner, or any of his or her family members have a criminal record or a serious medical problem.


Once the applicant has received a favourable assessment on his or her application for permanent resident status as a live-in caregiver, he or she may apply for an open work permit. This allows the applicant to take ANY job while the permanent residence case is pending.

I just don't know how they will communicate the "assessment" to the applicant.
 

Basya

Full Member
Oct 17, 2009
26
0
Re: live-in caregiver applied for open work permit, can get specific work permit

But I can not find anywhere where it says that you HAVE to work as live-in caregiver while you are waiting for the results. Plus as IO said that processing stops if you are unemployed or on vacation. Which means you have to be in live-in position for at least 2,5 years or even more.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Re: live-in caregiver applied for open work permit, can get specific work permit

Basya said:
But I can not find anywhere where it says that you HAVE to work as live-in caregiver while you are waiting for the results. Plus as IO said that processing stops if you are unemployed or on vacation. Which means you have to be in live-in position for at least 2,5 years or even more.
Permanent Residence for Live-In Caregivers

Certain aliens who have worked in Canada as live-in caregivers may seek permanent residence after certain conditions have been met. According to S. 113 of the IRPR, a foreign national becomes a member of the live-in caregiver class (and is therefore eligible for permanent residence) if:

1. They have submitted an application to remain in Canada as a permanent resident;

2. They are a temporary resident;

3. They hold a work permit as a live-in caregiver;

4. They entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,

1. Resided in a private household in Canada, and

2. Provided child care, senior home support care, or care of a disabled person in that household without supervision;

5. They are not, and none of their family members are, the subject of a removal order or an admissibility hearing under the Immigration and Refugee Protection Act ("IRPA") or an appeal or application for judicial review arising from such a hearing;

6. They did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training, or experience, and

7. Where they intend to reside in the Province of Quebec, they competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

The cumulative period mentioned above may be in respect of more than one employer or household and need not be without interruption. However, it may not be in respect of more than one employer or household at a time (i.e. concurrent employment).

Permanent Residence Application Procedure

Once the applicant has met the above requirements, he or she may complete an application for permanent resident status. As part of this filing, the applicant must prove that he or she has worked as a full-time live-in caregiver for two years. As proof of employment, a statement of earnings, T4 slips, or other similar documentation should be submitted. If the applicnat has changed jobs since his or her arrival in Canada, records of employment from each of the former employers should also be submitted.

The live-in caregiver application for permanent residence will not be assessed on the basis of the applicant's financial situation, skills upgrading in Canada, volunteer work, marital status or the number of family members in the country of origin. A live-in caregiver can be found ineligible for permanent residence if he or she, his or her spouse or common-law partner, or any of his or her family members have a criminal record or a serious medical problem.


Once the applicant has received a favourable assessment on his or her application for permanent resident status as a live-in caregiver, he or she may apply for an open work permit. This allows the applicant to take ANY job while the permanent residence case is pending.

I just don't know how they will communicate the "assessment" to the applicant.
 

Basya

Full Member
Oct 17, 2009
26
0
Re: live-in caregiver applied for open work permit, can get specific work permit

At the moment when I am applying I do have a valid work permit and it is still valid till next summer. I apply for PR with a valid work permit, I continue to work for let's say two more months and than i decided to take a live-out position. How this will effect my application? Where does it say that I HAVE to work as live-in till the application finalized?
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Re: live-in caregiver applied for open work permit, can get specific work permit

Basya said:
At the moment when I am applying I do have a valid work permit and it is still valid till next summer. I apply for PR with a valid work permit, I continue to work for let's say two more months and than i decided to take a live-out position. How this will effect my application? Where does it say that I HAVE to work as live-in till the application finalized?
Well as they say just wait for the first stage approval and once you have first stage approval you can probably (because I am not sure) start working as live out or whatever other job type you can find. Maybe you can call CIC again to verify. And get the agent's name because I had experience of different agents giving me different responses to the same query.

You also might have found this already but it's worth a second look.

http://www.liveincaregiverprogram.com/

"Open employment

Once you have received a favourable assessment on your application for permanent resident status, you may apply for an open work permit. This will allow you to take any job you wish until you are granted permanent resident status. You will not receive your permanent resident status immediately. Normally, there are many people applying for permanent residence in Canada at any given time, and it may take time for your application to be processed."

The way I understand this is you have to apply for PR first (although people who have been through the application already, say they submitted it together, cuts app time), then apply for the OWP after "the favorable assessment" which the experts are calling first stage approval. And once you have the OWP, you can work for anyone and not as a live in anymore.
 

Basya

Full Member
Oct 17, 2009
26
0
Re: live-in caregiver applied for open work permit, can get specific work permit

Thanx for your help. I will try to call CIC again.
 

lyne

Star Member
Nov 7, 2010
158
0
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
LC1 19-apr-2010
AOR Received.
LC2 27-mar-2011
Med's Done....
LC2 8-sep-2012
Passport Req..
LC2 22-jan-13
VISA ISSUED...
LC2 27-july-13(landed)
LANDED..........
March 20,2013
I have a question to the live-in caregiver. If you are unemployed, the Immigration officer will not proceed to process your application even it is a year you submitted that application? How if the employer don't want you anymore while your application for residency/owp is on process, and then you didn't find work,therefore you are unemployed and out of status.What are they going to do with your application? Are they going to stop processing?Deny it?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

lyne said:
I have a question to the live-in caregiver. If you are unemployed, the Immigration officer will not proceed to process your application even it is a year you submitted that application? How if the employer don't want you anymore while your application for residency/owp is on process, and then you didn't find work,therefore you are unemployed and out of status.What are they going to do with your application? Are they going to stop processing?Deny it?
Another Urban legend. If you have applied for PR under the LCP it will be continued to be processed whether you are out of work or not.
 

lyne

Star Member
Nov 7, 2010
158
0
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
LC1 19-apr-2010
AOR Received.
LC2 27-mar-2011
Med's Done....
LC2 8-sep-2012
Passport Req..
LC2 22-jan-13
VISA ISSUED...
LC2 27-july-13(landed)
LANDED..........
March 20,2013
thanks PMM.. Another question, how about if you are now visit record are they still going to proceed to process you application? other people said that if you are not in live-in caregiver anymore,they will deny your PR application and because you are visit record.Is that true?
 

lyne

Star Member
Nov 7, 2010
158
0
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
LC1 19-apr-2010
AOR Received.
LC2 27-mar-2011
Med's Done....
LC2 8-sep-2012
Passport Req..
LC2 22-jan-13
VISA ISSUED...
LC2 27-july-13(landed)
LANDED..........
March 20,2013

lyne

Star Member
Nov 7, 2010
158
0
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
LC1 19-apr-2010
AOR Received.
LC2 27-mar-2011
Med's Done....
LC2 8-sep-2012
Passport Req..
LC2 22-jan-13
VISA ISSUED...
LC2 27-july-13(landed)
LANDED..........
March 20,2013
No idea for that matter?