Live-in caregiver work permit-refused

[wie]

Hello
My cousin has applied for a live-in caregiver work permit with all the necessary dox
she was rejected because the officer said that the job offer is from a relative and that she intends to stay in canada and not return home
We are confused.this is a specific program which allows the foreign worker to apply for PR.
We are looking for evidence to satisfy the embassy that she will return after the 2 year period if needed
I reallly need help
Thanks

 

[wie]

Re: LCG work permit application/refused

What kinds of dox would help to show intent to return home?
Family ties (pictures)
Future employment goals?
I am out of ideas
I need her here to care for my 3 year old child
Also if she applies again, does she need to renew the contract that was set to start on july 1, 2010?
They have kept all of her dox, does she need to gather all the previously submitted dox? or only the new evidence?
Please help because the embassy is not responding to her questions on the new application and there is nothing on their website.

 

[job_seeker]

Re: LCG work permit application/refused

What kinds of dox would help to show intent to return home?
Family ties (pictures)
Future employment goals?
I am out of ideas
I need her here to care for my 3 year old child
Also if she applies again, does she need to renew the contract that was set to start on july 1, 2010?
They have kept all of her dox, does she need to gather all the previously submitted dox? or only the new evidence?
Please help because the embassy is not responding to her questions on the new application and there is nothing on their website.

You would have to repeat the entire process from advertising to LMO application and her WP application. You have to justify why you're choosing her over the applicants that are already in Canada because there are live-in caregivers here looking for work both landed and still under the program. Then when you managed to obtain a positive LMO, ask her to attach a cover letter explaining her plans, because you're right the LCP is a program where those under it are allowed to apply for permanent residency after working for 24 months or 3900 hours in four years.

 

[wie]

Re: LCG work permit application/refused

Thanks for your input
I have called the live-in caregiver program and they said that i do not need to repeat the process since it is still to hire the same worker (as indicated on the LMO) and also since it expires in october2010.
Should i renew the contract date?
I do not want to rehire another person, and want to still give this particular person the chance of working for me
ANy suggestions as to what she can do?
thanks

 

[job_seeker]

Re: LCG work permit application/refused

Thanks for your input
I have called the live-in caregiver program and they said that i do not need to repeat the process since it is still to hire the same worker (as indicated on the LMO) and also since it expires in october2010.
Should i renew the contract date?
I do not want to rehire another person, and want to still give this particular person the chance of working for me
ANy suggestions as to what she can do?
thanks

Did you go through the advertisement phase before submitting for a LMO? Were you given a positive LMO? So the processing was quick. LMOs are valid for only 6 months and if it is going to expire on October, then the processing for the caregiver's WP was quick (albeit it was a refusal); the contract should actually be open:

Duration of contract

This contract shall have a duration of ________________months from the date the EMPLOYEE assumes his/her functions.
Anticipated start date ____________

You send a letter, as her prospective employer, informing the officer processing her documents, that you need her services, and she submits this letter together with her application.

 

[wie]

Re: LCG work permit application/refused

Thanks alot for your response
Yes it was a fast enough process
even though it took about 5 months between the application for LMO and her refusal
Would the visa office consider a letter from the employer specifying the needs to hire this person only and also indicating that the LCP permits the worker to apply for PR (therefore no need to leave canada and to show proof that she will) be sufficient?
or does she need to find family ties, etc that she will come back?
thanks again

 

[job_seeker]

Re: LCG work permit application/refused

Thanks alot for your response
Yes it was a fast enough process
even though it took about 5 months between the application for LMO and her refusal
Would the visa office consider a letter from the employer specifying the needs to hire this person only and also indicating that the LCP permits the worker to apply for PR (therefore no need to leave canada and to show proof that she will) be sufficient?
or does she need to find family ties, etc that she will come back?
thanks again

Initially, the caregiver is on a TWP but she should probably point out that she's applying as a caregiver under the Live in Caregiver program and that she intends to apply for permanent residency later when she qualifies but that she's willing to go back to the country of origin should the application not become successful.

 

[wie]

Re: LCG work permit application/refused

actually the work permit is given first and a trv for people who need it to enter canada
I need to know what types of new dox can be given to make a new case....if necessary
i dont think writing a letter would make the officer reconsider the case as we need to prove that the employee will return home if asked to do so
thanks

 

[wie]

Re: LCG work permit application/refused

Would a letter indicating that the employee has a finance and makes an agreement with the fiancee at a notary public to come back home in 2 years be a good enough reason to show ties to family and intention of not wanting to stay in canada

 

[job_seeker]

Re: LCG work permit application/refused

Would a letter indicating that the employee has a finance and makes an agreement with the fiancee at a notary public to come back home in 2 years be a good enough reason to show ties to family and intention of not wanting to stay in canada

Where is the caregiver applying from? Ties include a good job from current country or residence, family (husband/wife and children), properties, business.

 

[wie]

Re: LCG work permit application/refused

She is single
She has a job and is the coach of a major national women's (youth) team and also the captain/player of the adult women's team
no properties

 

[job_seeker]

Re: LCG work permit application/refused

actually the work permit is given first and a trv for people who need it to enter canada
I need to know what types of new dox can be given to make a new case....if necessary
i dont think writing a letter would make the officer reconsider the case as we need to prove that the employee will return home if asked to do so
thanks

When one applies for a work permit outside Canada, the TRV is issued first and the WP is issued at the port of entry, when the foreign worker arrives in Canada.

Ooops but the job this time does not count as a tie because she is applying for a job in Canada.

 

[bob02]

Re: LCG work permit application/refused

When one applies for a work permit outside Canada, the TRV is issued first and the WP is issued at the port of entry, when the foreign worker arrives in Canada.

Ooops but the job this time does not count as a tie because she is applying for a job in Canada.

Hi Jobseeker
This time its towards you!!
Need a lil advice, see if you can be of any help.
My brother lives in Ontario,owns a house,has a wife with 2 yrs old son and thinking to sponsor me as a live in caregiver.I've heard that siblings are refused for live in caregiver category because of being a relative.Is that true??

 

[job_seeker]

Re: LCG work permit application/refused

Hi Jobseeker
This time its towards you!!
Need a lil advice, see if you can be of any help.
My brother lives in Ontario,owns a house,has a wife with 2 yrs old son and thinking to sponsor me as a live in caregiver.I've heard that siblings are refused for live in caregiver category because of being a relative.Is that true??

The situation would be very similar to the OP's "wie's" situation. I know of one particular live in caregiver who is the sister of the husband, in effect, sister in law of the "employer". But the caregiver is a nurse. They complied with all the requirements- advertisement, LMO application. The caregiver arrived in May of this year. So if you are a nurse or has a 6-month certificate in care giving or has an experience as a caregiver for at least a year, then your brother can go through the advertising process, apply for LMO in your favor and when he can get a positive LMO in your name then you can apply. Of course, he must advertise/offer the prevailing rates too.

 

[bob02]

Re: LCG work permit application/refused

The situation would be very similar to the OP's "wie's" situation. I know of one particular live in caregiver who is the sister of the husband, in effect, sister in law of the "employer". But the caregiver is a nurse. They complied with all the requirements- advertisement, LMO application. The caregiver arrived in May of this year. So if you are a nurse or has a 6-month certificate in care giving or has an experience as a caregiver for at least a year, then your brother can go through the advertising process, apply for LMO in your favor and when he can get a positive LMO in your name then you can apply. Of course, he must advertise/offer the prevailing rates too.

I got your message.
Just for clarification....are you saying that If I have a 6 month professional course in nursing, in early child hood care,mentally disabled people,elderly care etc.Than I will have better chance??