Pregnant Live-In Caregiver hoping to stay in Canada

[Emee]

I employ a live-in caregiver who is now 3.5 months pregnant. She has just reached the 24 month requirement to apply for permanent residency. Because of the nature of the work, she will be stopping working for me Oct.1, 2011. Her work permit expires Jan.15, 2012, shortly after the baby is due. Because she is pregnant, I'm sure she will not be able to find another employer before then or even after for quite some time (having a child). She has a bf that she is marrying shortly who can support her. Furthermore, she is financially responsible for a house for her family in the Philippines so having to return would be a disaster for them, leaving her & them homeless. My questions are:

1. Is there anything that can be done for her to be able to stay in Canada, even though she may not be able to work as a live-in caregiver (and so not be able to extend her work permit in that manner)?
2. Would it be better for her to apply for pr under the LCP or being sponsored by her husband?
3. If I re-hire her, could I sign a contract with her that doesn't go into effect for a couple months into 2012 or does it need to be effective as of when her permit expires?

I hope this makes sense & appreciate any advice offered!

 

[rjessome]

Now that she has reached the eligibility for PR, she can apply for PR and an open work permit. This will keep her in status even though her work permit will expire in January 2012, as long as she applies for it before the current permit expires. She will not have to leave Canada.

Her husband can apply to sponsor her after they are married. It's weighing one type of PR application against another. If they have significant evidence of their relationship then spousal sponsorship may be the way to go.

She should probably get legal advice for a more indepth look at her situation and to be guided about what steps she needs to take.

 

[Emee]

Thanks so much for the reply. It was helpful. In regards to her status after she applies for PR, it was my understanding that it was her responsibility to still have a valid work permit for the duration of time til her application was approved. Am I mistaken? Please advise if this is not that case. Thanks!

 

[rjessome]

Thanks so much for the reply. It was helpful. In regards to her status after she applies for PR, it was my understanding that it was her responsibility to still have a valid work permit for the duration of time til her application was approved. Am I mistaken? Please advise if this is not that case. Thanks!

Applying for the open work permit keeps her current permit (status) valid on implied status. Basically it means that because she is eligible and has applied for a new permit BEFORE her old permit expires, she remains on the same status as the old permit until a decision is reached on the new one. Clear as mud? But she will be fine if she follows those instructions.

 

[Emee]

Thanks for the explanation

 

[mkmcsa]

Be sure to check her health insurance , generally during the impled status period, health coverage is nto available.