Refused Application - Caregiver in Abu Dhabi, UAE

[cookie27]

Guys,

I just received a correspondence from CIC Abu Dhabi refusing my application as caregiver. Per the letter and attachment, the reason I was refused is because the visa officer is not satisfied that:

I Have completed one year of full-time paid employment, including at least six months of continuous
employment with one employer, in such a field or occupation related to the employment for which the
work permit is sought within the three years immediately before the day on which you submitted an
application for a work permit.

I applied ONLINE on July 27, 2014 and got my AOR the same day.

It is true that I do not have one year of full time paid employment...and 6 months continuous employment with one employer in the field and occupation related to caregiver. But I did not apply based on employment. I applied based on education. I made sure that I ticked this portion in the Additional Form for Live In Caregiver wherein a question was asked on what basis I am applying as caregiver.

Does this mean that only those with experience can apply as caregiver? How about those who took the course, like me?

Is there a way I can ask my application to be reviewed/revisited? :'(

 

[cookie27]

By the way, my LMO will expire on November 30 as it was issued on May 30.

Can i re-apply using the same LMO. Letter said that I can re-apply:

Any new information you wish to provide must be submitted with a new application and processing fee. Should you wish to reapply, I would suggest that you do so only if your
situation has changed substantively or you have significant new information to submit.

In my case my new information is I am not applying based on employment but based on EDUCATION.

i hope someone can help me and guide me as to I how should approach this kind of situation.

 

[mylady833]

Guys,

I just received a correspondence from CIC Abu Dhabi refusing my application as caregiver. Per the letter and attachment, the reason I was refused is because the visa officer is not satisfied that:

I Have completed one year of full-time paid employment, including at least six months of continuous
employment with one employer, in such a field or occupation related to the employment for which the
work permit is sought within the three years immediately before the day on which you submitted an
application for a work permit.

I applied ONLINE on July 27, 2014 and got my AOR the same day.

It is true that I do not have one year of full time paid employment...and 6 months continuous employment with one employer in the field and occupation related to caregiver. But I did not apply based on employment. I applied based on education. I made sure that I ticked this portion in the Additional Form for Live In Caregiver wherein a question was asked on what basis I am applying as caregiver.

Does this mean that only those with experience can apply as caregiver? How about those who took the course, like me?

Is there a way I can ask my application to be reviewed/revisited? :'(

If i am not mistaken education or training should be within the past 3 years. When dis you get your diploma or training certificate?

 

[scylla]

And how long did you study? The program needs to be at least six months of full time studies.

 

[cookie27]

@mylady833 & scylla,

I had my training in 2004 and it was 1 year:

Below is a cut and paste from CIC website:

There are four main requirements you must meet to qualify under the Live-in Caregiver Program:

- You must have six months of full-time training in a classroom setting or twelve months of full-time paid employment, including at least six months of continuous employment, within the past 3 years, with one employer in a field or occupation related to the job you are seeking as a live-in caregiver.

The "within the past 3 years" pertains to the continuous employment not the education.

The other 3 requirements...i.e. education equivalent to Canadian Highschool - OK as I am a college graduate, English requirement - OK as i took my IELTS here in Dubai and written employment - OK.

My friend who recently received her visa (Feb 2014) as caregiver was a 2004 graduate as well...no employment experience as a caregiver.

After my caregiver course, I had and passed the required TESDA in the Philippines. I even took another Housekeeping training in 2012 and had a refresher of my basic first aid here in the UAE.

Is there a way I can appeal the decision?

 

[Jovie]

hello.. as per some of my friends (nanny/caregiver) here in Canada, you should apply for a job based on your experience and field of work of experience.. I am a psychologist but since Ive been working in automotive industry for more than 10 years I easily got my permits to Canada for the same job category (CAr showroom).. EXPERIENCE for the same field of work that you are currently applying is a MUST
specially now that CIC Service Canada is so darn strict lately. You may get work with same field (care giver) for more than a year of full paid job then try to re-apply again for LMIA and Permit

 

[mylady833]

@ mylady833 & scylla,

I had my training in 2004 and it was 1 year:

Below is a cut and paste from CIC website:

There are four main requirements you must meet to qualify under the Live-in Caregiver Program:

- You must have six months of full-time training in a classroom setting or twelve months of full-time paid employment, including at least six months of continuous employment, within the past 3 years, with one employer in a field or occupation related to the job you are seeking as a live-in caregiver.

The "within the past 3 years" pertains to the continuous employment not the education.

The other 3 requirements...i.e. education equivalent to Canadian Highschool - OK as I am a college graduate, English requirement - OK as i took my IELTS here in Dubai and written employment - OK.

My friend who recently received her visa (Feb 2014) as caregiver was a 2004 graduate as well...no employment experience as a caregiver.

After my caregiver course, I had and passed the required TESDA in the Philippines. I even took another Housekeeping training in 2012 and had a refresher of my basic first aid here in the UAE.

Is there a way I can appeal the decision?

Is your friend somehow a nurse? Or same as you with caregiver certificate? One thing i can say you cannot compare your case with others as different officer processed the applications.

Yes you can for sure appeal your case if you are very confident about your case, only that it would cost you a lot.

 

[mylady833]

Here is the qoute for the requirements for EDUCATION:
An educational institution, as generally understood, requires the existence of a building or
buildings devoted primarily to formal education, training and development.
Applicants under the LCP must have successfully completed a course of study that is equivalent to the successful completion of Canadian secondary school.
Given the variation in school systems across countries, this requirement cannot be regarded as simply a matter of counting the years of schooling until reaching the number twelve. Equivalency of achievement is what is important. For example, in the Philippines, 72 credits of post-secondary education is equivalent to the successful completion of Canadian secondary school. Fewer than 72 credits is not equivalent.
Officers must be satisfied as to the validity of the diplomas/certificates being submitted and may refuse a work permit if sufficient proof is not provided. Officers must be confident that the testing that was completed was for the equivalency of the successful completion of Canadian secondary school.

Training requirement
While the training must be offered as part of a formal education program at an educational institution accredited by the appropriate local education authorities, accreditation is not necessarily an endorsement of quality.
Officers should assess the quality of the program and whether it is adequate in equipping the applicant to perform the duties required by the proposed job. Where there are caregiver training programs established primarily to provide training to meet Canadian requirements, particularly at non-accredited institutions, it will be necessary to determine their legitimacy as well as the adequacy of the training.
Full-time training must be taken for a continuous period of at least six months.
Training must be in a field or occupation related to the employment sought. For example, prospective live-in caregivers may have training or experience in early childhood education, geriatric care, paediatric or geriatric nursing.
Live-in caregiver training should be similar to the training offered by Canadian community colleges in child care or other related fields. The course load at Canadian community colleges averages 25 to 30 hours per week. This does not include activity assignments or a practicum. Thus, a student in an educational institution offering live-in caregiver training should be attending classes at least 25 to 30 hours per week.
It is acceptable to have some on-the-job training throughout the course as long as the classroom schedule demonstrates that there is a requirement for, and completion of, a full 6 months of full-time training in a classroom setting throughout that course.
There is no specific list of courses required by CIC, as CIC is not an education-regulating body. However, visa offices can assess the legitimacy, quality, adequacy and relevance of the training programs offered in their regions, including whether the hours of classroom training are sufficient. Officers may undertake research concerning the legitimacy of a given training program and/or educational institution, including if the institution is located in another country. In such cases, officers should request assistance from the visa office in the country where the educational institution is situated to verify the legitimacy of the institution and the substance of the training.
Correspondence courses and part-time studies, such as training taken on weekends, do not meet the full-time training requirement.
The six months of full-time training must be successfully completed prior to the date that the applicant applies for a work permit under the LCP.

 

[mylady833]

@ mylady833 & scylla,

I had my training in 2004 and it was 1 year:

Below is a cut and paste from CIC website:

There are four main requirements you must meet to qualify under the Live-in Caregiver Program:

- You must have six months of full-time training in a classroom setting or twelve months of full-time paid employment, including at least six months of continuous employment, within the past 3 years, with one employer in a field or occupation related to the job you are seeking as a live-in caregiver.

The "within the past 3 years" pertains to the continuous employment not the education.

The other 3 requirements...i.e. education equivalent to Canadian Highschool - OK as I am a college graduate, English requirement - OK as i took my IELTS here in Dubai and written employment - OK.

My friend who recently received her visa (Feb 2014) as caregiver was a 2004 graduate as well...no employment experience as a caregiver.

After my caregiver course, I had and passed the required TESDA in the Philippines. I even took another Housekeeping training in 2012 and had a refresher of my basic first aid here in the UAE.

Is there a way I can appeal the decision?

As to what i understood about the education requirement for LIC is those that are health related like nurses, even a licensed teacher is qualified under the education requirement if she is applying as a child care provider if she is teaching with the same age group same as the age she will be caring on her job as a Nanny.

 

[cookie27]

Thanks for the information mylady833!

I am running out of time and the best option for now is to re-apply since my LMO will expire on Nov 30. I will just clearly point out that I am applying on the basis of my education...that is 6 months full time - classroom setting in one of the Universities in the Philippines. It took me 1 year including the first aid and hospital training/OJT. Timings for my first aid and hospital training are apart from the 6 months classroom training + plus the seminars.

Modules taken: Child and Infant Care, Elderly Care, Care of People with Special Needs, First Aid, CPR and AED, Personality Development, Home Management and Food Preparation and Presentation.

College is 181 units and highschool is 38.5 units

The friend who I mentioned who recently received her visa had her caregiver training on 2004....not an education and not a nursing graduate and she used to work as a Personal Assistant (Executive Assistant).

 

[sksk]

@ mylady833 & scylla,

I had my training in 2004 and it was 1 year:

Below is a cut and paste from CIC website:

There are four main requirements you must meet to qualify under the Live-in Caregiver Program:

- You must have six months of full-time training in a classroom setting or twelve months of full-time paid employment, including at least six months of continuous employment, within the past 3 years, with one employer in a field or occupation related to the job you are seeking as a live-in caregiver.

The "within the past 3 years" pertains to the continuous employment not the education.

The other 3 requirements...i.e. education equivalent to Canadian Highschool - OK as I am a college graduate, English requirement - OK as i took my IELTS here in Dubai and written employment - OK.

My friend who recently received her visa (Feb 2014) as caregiver was a 2004 graduate as well...no employment experience as a caregiver.

After my caregiver course, I had and passed the required TESDA in the Philippines. I even took another Housekeeping training in 2012 and had a refresher of my basic first aid here in the UAE.

Is there a way I can appeal the decision?

do we need to take IELTS when we apply from UAE. because i was thinking we dont need to take IELTS. please advise me on this if it is compulsory to take.

thanks and good luck for your reapplication.

 

[mylady833]

do we need to take IELTS when we apply from UAE. because i was thinking we dont need to take IELTS. please advise me on this if it is compulsory to take.

thanks and good luck for your reapplication.

r

When did you submit tour application? If you will be submitting your application after Nov. 30 tou need to show proof of english proficiency like IELTS or take the CLBPT exam

 

[msperez]

hi! my application was refused as well on the same date. Il just give you some idea on how to appeal it instead of reapplying. You have to ask your employer/sponsor to appeal that case on your behalf, find a lawyer just like this link that my employer sent me.

http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/40681/index.do?r=AAAAAQAQY2FyZWdpdmVyIGNvdXJzZQAAAAAB

You have to submit everything within 30days after you received the refused application. All you need to do is gather again your supporting documents, me as well doesn't have a paid work experiences. But i do have certificates that i volunteered in a hospital and ofcourse diploma that I graduated LIC course. And according to the website:

There are four main requirements you must meet to qualify under the Live-in Caregiver Program:

You must have successfully completed the equivalent of a Canadian high school education.
You must have six months of full-time training in a classroom setting OR twelve months of full-time paid employment, including at least six months of continuous employment, within the past 3 years, with one employer in a field or occupation related to the job you are seeking as a live-in caregiver.
You must be able to speak, read and understand either English or French at a level that allows you to function independently in a home setting.
You must have a written employment contract between you and your future employer. The contract defines your job duties, hours of work, salary and benefits.


Good luck