TFW visa expiration 2018 in trouble

[jtc246]

Please advice, what is the best action if the visa expiration will be on May 2018. She came to Canada May 2015, and after 7 weeks working ,she got terminated of her former employer who sponsor her to work as live-in caregiver, she try to find a work but she is unlucky to have a authorized work or who can sponsor her until now. The worst is she got pregnant and have her baby last year 2016 . She have relatives in Vancouver and already Canadian Citizen, the question is are the relatives can sponsor her as live-in caregiver? What is the best options for her case? She wants to continue her live-in caregiver program.
Thank you so much and hoping for immediate response. Thank you in advance.

 

[rainbowskye]

I think so, if her relatives has the requirement to hire a caregiver then they can. Check the link for the requirement, http://www.cic.gc.ca/english/work/hire/caregiver.asp.
If not, don't lose hope find an employer while you have time.

 

[jtc246]

Hi rainbowskye, thank you so much for your response. Hopefully she will find a new employer.

 

[jtc246]

Hello there, may ask I question again, what if she really go to Vancouver and find her luck to have new employer to that province how long the LMAI processing time? What if my friend can't have a LMAI on time and her visa reach the expiration date, is she will be deported? What is the best advice for my friend? Do she needs talk to a Immigration lawyer for advice.
And about her child, is their possible or any chances her child will be granted or to receive Child Canada Benefits if the mother is TFW.

Please advice us.

Thank you for reading, and thank you for response in advance

 

[Dee Cee 25]

Hello there, may ask I question again, what if she really go to Vancouver and find her luck to have new employer to that province how long the LMAI processing time? What if my friend can't have a LMAI on time and her visa reach the expiration date, is she will be deported? What is the best advice for my friend? Do she needs talk to a Immigration lawyer for advice.
And about her child, is their possible or any chances her child will be granted or to receive Child Canada Benefits if the mother is TFW.

Please advice us.

Thank you for reading, and thank you for response in advance

Pardon me for asking, is she and her partner still together? Is her partner a PR or Canadian Citizen? Why not try to apply as Common-Law instead? According to the lawyer I have talked to, once the application is submitted through Common-Law stream your friend can also apply for an open work permit at the same time. I am not sure about removal order (being deported) since she and her partner are not married. From my understanding, if two couples are married and the other is a PR or Cit, CBSA cannot issue a removal order even if her visa is already expired.

 

[jtc246]

Hi Dee Cee 25 for you for your response.
Actually the father of her baby is a Canadian Citizen and he is married that guy lied to my friend. He said to my friend he was already divorce, my friend fault was she trust this guy so much. Because the guy have family, she only wants is to continue her life with her son and try to work again. She's very concern about her temporary foreign worker status here in Canada, because she does not working yet and her visa will expire on May 2018 and she's also worried the child custody for her baby because of her status. I feel sad worry about her situation, but she is trying to move on and be strong having faith to God by facing the consequences and difficult situation.

How, what is her best thing to do about her status as TFW, she don't have much time to finish the live-in caregiver program.

Thank you so much for reading. Hoping for more advice to help her, thank you in advance.

 

[ypa9]

Firstly, she would be eligible for Child Benefit if she meets the following conditions that is applicable to temporary resident like your friend.

a temporary resident (as defined in the Immigration and Refugee Protection
Act) who has lived in Canada throughout the previous 18 months, and
who has a valid permit in the 19th month other than one that states “does
not confer status” or “does not confer temporary resident status.” If this
is your situation, do not apply before the 19th month;

AND

To get the CCB, you have to file your return every year, even if you did not have income in the year. If you have a spouse or common-law partner, they also have to file a return every year.

Based on her circumstance that you explained above, I think she would be eligible to apply for Child Benefit AS LONG AS she has filed income tax returns.

Secondly, her family member in Vancouver will have to apply for LMIA in order to sponsor her as a live-in caretaker. The process will take a couple of months (give or take two to four months). Once they have received a positive LMIA then they can sponsor her a live-in caretaker. But LMIA application process isn't free as the employer which is her family member in Vancouver in this case will have to pay $1000 to the government as an application fee and will have to hire either immigration consultant (can be $2000-$3000) or lawyer (lot more expensive than consultant) who is familiar in the process. If they are OK with all those fees then they can go ahead and make an application but note that there won't be refunds should they receive a negative LMIA...

Another option she has is, go to Vancouver and try to find someone who is looking for live-in caretaker. Honestly, I'm not sure whether she would have to apply for another work permit if she does find someone who has a positive LMIA and willing to hire her as her work permit is closed work permit (meaning it is tied to a specific employer which is her former employer who terminated the contract with her). It would be better for her to find a good consultant and see what other options are available to her.

The best solution I can think of is, find someone who has a positive LMIA and willing to hire her, and get two years of working experience as a caretaker, and after two years apply for PR.

Though she has family members in Canada, they can't really apply for family sponsorship. Also, humanitarian and compassionate ground appeal is out of option for her though her child is Canadian. Immigration officer can tell her to give her child to her family member in Canada and send her back to her home country unless she wants to bring her child with her.

Wish the best.

 

[jtc246]

Hi ypa9, I'm glad to read your response, thank you so much.

That's great if she is eligible to apply for her child the Child Canada benefits. I think she is working for her tax return.

If she go to Vancouver and to find a new employer, and she needs to work as a live-in caregiver but not a child care instead it must be elderly or companionship, is that what you mean, because as you said if her former employer terminated her as a live-in caregiver- child care to continue her live-in caregiver program is that she needs to work out.
Seeking for the help of immigration consultant or lawyer is she must be to do this before she go to Vancouver or she must be on Vancouver, once she apply to the employer?

Hoping and thankful for more advice.

Thank you in advance. God bless!

 

[jtc246]

Please advice us. If in the LMAI and contract states child caring/ live-in caregiver, her entry. if she will apply again for LMAI only child caring still her work or she can do the elderly or companionship? What is best for her?

Hoping and we will wait from all advice.

Thank you so much in advance.