http://www.cic.gc.ca/english//resources/manuals/bulletins/2010/ob192.asp#cont%20idcont
Operational Bulletin 192 –
April 1, 2010
Regulatory and administrative changes to the Live-in Caregiver Program
Issue
This operational bulletin is to inform officers of regulatory and administrative changes to the Live-in Caregiver Program (LCP) which take effect April 1, 2010.
Background
On December 12, 2009, Minister Kenney announced a combination of administrative and proposed regulatory changes to the LCP. These changes are designed to better protect the rights of live-in caregivers and to make it easier for them and their families to obtain permanent residence in Canada, while continuing to protect the health and safety of Canadians and maintaining the program objective to respond to labour market shortages.
Proposed amendments to the LCP regulations in the Immigration and Refugee Protection Regulations (IRPR) were pre-published in the Canada Gazette on December 19, 2009, for a period of 30 days. The regulatory LCP changes have been approved as pre-published in December, 2009, and come into force on April 1, 2010.
Administrative changes to the LCP announced in December, 2009, included new requirements for the employment contract between live-in caregivers and their employers, in particular specifying mandatory employer-paid benefits and contract clauses. This change to LCP employment contract requirements, and the effective date of April 1, 2010, has been communicated in advance to prospective live-in caregivers and their employers by Citizenship and Immigration Canada (CIC) and Human Resources and Skills Development/Service Canada (HRSDC/SC).
These changes to the LCP affect processing of work permits for temporary resident status (administrative changes) and processing of applications for permanent residence (regulatory changes). The possible duration of a temporary work permit under the LCP may also change as a result of the regulatory changes.
Regulatory LCP changes effective April 1, 2010
1. Changes to Medical Examination Requirements at the Application for Permanent Residence Stage
Section 30 of the Immigration and Refugee Protection Regulations is amended by adding the following after subsection (2):
Exception
(2.1) A foreign national who has applied for permanent resident status and is a member of the live-in caregiver class is not required to submit to a medical examination under subsection (1).
Under this Regulation, the mandatory requirement for all live-in caregivers to complete a standard medical examination at the application for permanent residence stage is eliminated.
The medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver will now be assessed by medical officers overseas for excessive demand in anticipation of the applicant subsequently applying for permanent residence under the LCP. This change applies to:
all new applications for a temporary work permit under the LCP received on or after April 1, 2010; and
all instances where applications for a temporary work permit under the LCP and related medical examination have not already been reviewed.
The medical examination completed at the initial work permit/temporary residence stage will continue to screen for health conditions that would pose a risk to public health and safety.
Officers retain the discretion to request a medical examination at the application for permanent residence stage. Effective immediately, and during the transition phase, officers are encouraged to request a medical examination at the application for permanent residence stage in cases where the medical examination undertaken at the initial work permit/temporary residence stage resulted in an M2 or M3 assessment.
Instructions regarding the basis for requesting medical examinations at the application for permanent residence stage over the longer term will follow. These instructions will be designed to ensure that, over the long term, such requests will be rare and the exception to the rule.
Procedures for Medical Examinations at the Application for Permanent Residence Stage
Officers will confirm the result of the medical examination completed to qualify for the initial work permit/temporary residence in CAIPS, taking into consideration any additional information that may have been noted in the remarks section.
If… Then…
the officer determines that a medical examination is not required as part of the live-in caregiver’s application for permanent residence… the officer will accept the result of the medical examination undertaken at the initial work permit/temporary residence stage as valid and record the medical requirement as met in the Case Processing Centre (CPC) system.
the officer determines that a medical examination is required as part of the live-in caregiver’s application for permanent residence… the officer will:
issue medical instructions to the applicant;
consider the results subsequently provided by the medical officer in the Medical Notification (IMM 5365B); and
record the outcome of the medical requirement accordingly as either met / not met in the CPC system.
Note:
In cases where the date of the initial medical assessment undertaken at the work permit/temporary residence stage is older than 5 years at the application for permanent residence stage, the CPC system will not allow the officer to proceed with a new application.
In such cases, anticipated to be relatively low in volume, officers are to:
manually modify the validity date in order to extend the validity of the initial medical assessment and allow the application for permanent residence to progress in the CPC system; and
record this manual change in the CPC system notes to ensure that the file narrative reflects the modification to the validity date of the initial medical assessment.
Operational Bulletin 192 –
April 1, 2010
Regulatory and administrative changes to the Live-in Caregiver Program
Issue
This operational bulletin is to inform officers of regulatory and administrative changes to the Live-in Caregiver Program (LCP) which take effect April 1, 2010.
Background
On December 12, 2009, Minister Kenney announced a combination of administrative and proposed regulatory changes to the LCP. These changes are designed to better protect the rights of live-in caregivers and to make it easier for them and their families to obtain permanent residence in Canada, while continuing to protect the health and safety of Canadians and maintaining the program objective to respond to labour market shortages.
Proposed amendments to the LCP regulations in the Immigration and Refugee Protection Regulations (IRPR) were pre-published in the Canada Gazette on December 19, 2009, for a period of 30 days. The regulatory LCP changes have been approved as pre-published in December, 2009, and come into force on April 1, 2010.
Administrative changes to the LCP announced in December, 2009, included new requirements for the employment contract between live-in caregivers and their employers, in particular specifying mandatory employer-paid benefits and contract clauses. This change to LCP employment contract requirements, and the effective date of April 1, 2010, has been communicated in advance to prospective live-in caregivers and their employers by Citizenship and Immigration Canada (CIC) and Human Resources and Skills Development/Service Canada (HRSDC/SC).
These changes to the LCP affect processing of work permits for temporary resident status (administrative changes) and processing of applications for permanent residence (regulatory changes). The possible duration of a temporary work permit under the LCP may also change as a result of the regulatory changes.
Regulatory LCP changes effective April 1, 2010
1. Changes to Medical Examination Requirements at the Application for Permanent Residence Stage
Section 30 of the Immigration and Refugee Protection Regulations is amended by adding the following after subsection (2):
Exception
(2.1) A foreign national who has applied for permanent resident status and is a member of the live-in caregiver class is not required to submit to a medical examination under subsection (1).
Under this Regulation, the mandatory requirement for all live-in caregivers to complete a standard medical examination at the application for permanent residence stage is eliminated.
The medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver will now be assessed by medical officers overseas for excessive demand in anticipation of the applicant subsequently applying for permanent residence under the LCP. This change applies to:
all new applications for a temporary work permit under the LCP received on or after April 1, 2010; and
all instances where applications for a temporary work permit under the LCP and related medical examination have not already been reviewed.
The medical examination completed at the initial work permit/temporary residence stage will continue to screen for health conditions that would pose a risk to public health and safety.
Officers retain the discretion to request a medical examination at the application for permanent residence stage. Effective immediately, and during the transition phase, officers are encouraged to request a medical examination at the application for permanent residence stage in cases where the medical examination undertaken at the initial work permit/temporary residence stage resulted in an M2 or M3 assessment.
Instructions regarding the basis for requesting medical examinations at the application for permanent residence stage over the longer term will follow. These instructions will be designed to ensure that, over the long term, such requests will be rare and the exception to the rule.
Procedures for Medical Examinations at the Application for Permanent Residence Stage
Officers will confirm the result of the medical examination completed to qualify for the initial work permit/temporary residence in CAIPS, taking into consideration any additional information that may have been noted in the remarks section.
If… Then…
the officer determines that a medical examination is not required as part of the live-in caregiver’s application for permanent residence… the officer will accept the result of the medical examination undertaken at the initial work permit/temporary residence stage as valid and record the medical requirement as met in the Case Processing Centre (CPC) system.
the officer determines that a medical examination is required as part of the live-in caregiver’s application for permanent residence… the officer will:
issue medical instructions to the applicant;
consider the results subsequently provided by the medical officer in the Medical Notification (IMM 5365B); and
record the outcome of the medical requirement accordingly as either met / not met in the CPC system.
Note:
In cases where the date of the initial medical assessment undertaken at the work permit/temporary residence stage is older than 5 years at the application for permanent residence stage, the CPC system will not allow the officer to proceed with a new application.
In such cases, anticipated to be relatively low in volume, officers are to:
manually modify the validity date in order to extend the validity of the initial medical assessment and allow the application for permanent residence to progress in the CPC system; and
record this manual change in the CPC system notes to ensure that the file narrative reflects the modification to the validity date of the initial medical assessment.