Urgently need advice!!! Live-in Caregiver Program

[marialaki]

Man, I cannot belive this:
My sister is here from Hungary; she`s had a visitor visa already extended once valid until August 31st of 2009. Before it expired, she was offered employment and has applied for a work permit under the Live-in Caregiver program; she is a perfect candidate as she meets all the requirements (she`s a College educated Kindergarten Teacher) also she has her LMO letter as well a job offer; contract from the employer; it was obtained last year, however, she only applied in this August for a work permit; I cannot belive that we have applied stupidly to the wrong visa office!!! Vegreville, AB instead of Seattle or outside of Canada, now she has received a refusal letter from the AB office saying her application is refused as she is not a person who can apply for a work permit from within Canada...The worse thing is that I have mailed her application believing all is good and that she`ll get her WP with no problem! Now of course, she is asked to leave the country immediately! but of course she doesn`t want to; I don`t want her...also in the meantime, she is waiting to get her license to practise ECE (Early Childhood Education) in BC then she`d like to apply within the PNP Program; that`s what she wanted to do to begin with but she has run out of time then chose to be a babysitter for a while...
Her LMO letter is valid until November of 2009 so we`ve gotta take action while it`s valid!
I am thinking to apply for a Restoration of visitor status ASAP since she`s still within the 90 days (with an expired visitor visa)...then submit an application to the RIGHT visa office in Seattle or whatever!
ANY ADVICE WOULD BE APPRECIATED !
THANK YOU!
Rita M

 

[job_seeker]

If she's out of status then she has 90 days to apply for restoration of status but there is no guarantee she'll be granted one. Try and apply for a stay equal to or longer than the processing times it would require you to process her work permit. Was her LMO approved? Up to when is it valid. Is she qualified to apply as a caregiver under the cic guidelines? http://www.cic.gc.ca/english/work/caregiver/apply-who.asp

Man, I cannot belive this:
My sister is here from Hungary; she`s had a visitor visa already extended once valid until August 31st of 2009. Before it expired, she was offered employment and has applied for a work permit under the Live-in Caregiver program; she is a perfect candidate as she meets all the requirements (she`s a College educated Kindergarten Teacher) also she has her LMO letter as well a job offer; contract from the employer; it was obtained last year, however, she only applied in this August for a work permit; I cannot belive that we have applied stupidly to the wrong visa office!!! Vegreville, AB instead of Seattle or outside of Canada, now she has received a refusal letter from the AB office saying her application is refused as she is not a person who can apply for a work permit from within Canada...The worse thing is that I have mailed her application believing all is good and that she`ll get her WP with no problem! Now of course, she is asked to leave the country immediately! but of course she doesn`t want to; I don`t want her...also in the meantime, she is waiting to get her license to practise ECE (Early Childhood Education) in BC then she`d like to apply within the PNP Program; that`s what she wanted to do to begin with but she has run out of time then chose to be a babysitter for a while...
Her LMO letter is valid until November of 2009 so we`ve gotta take action while it`s valid!
I am thinking to apply for a Restoration of visitor status ASAP since she`s still within the 90 days (with an expired visitor visa)...then submit an application to the RIGHT visa office in Seattle or whatever!
ANY ADVICE WOULD BE APPRECIATED !
THANK YOU!
Rita M

 

[marialaki]

Hi and thanks so much for your response! Yes, her LMO is valid until November 19th, 2009. She got it last year but only used it now (for personal reasons: she came to stay with us in BC during my pregnancy and the birth of my son on June 1st; her employer though is in Ontario, our cousine)
originally the LMO was valid till October of 2010 but now only for 6 months but we`re still in the timeframe if she applies for a work permit as a live-in caregiver, correct?
She is a College graduate from Hungary, a kindergarten teacher with over 3 years of professional experience; her English is excellent too... so yes, she easily qualifies under the program; it wasn`t about that it was just that we stupidly submitted to the WRONG darn office!!!
THanks so much again and we look forward to further info/advice
Rita

 

[marialaki]

Also, now since my sister`s LMO is only valid till November 19th, 2009 would they only give her a work permit based on the validity of LMO and her employer then needs to get a new one in the meantime??? would it be the same timeframe as what it was to obtain one; I think 4 weeks...This is getting more complicated...
Again, any advice/response is appreciated!
Yrs trly
Rita

 

[rjessome]

She needs to apply for restoration right away and and extension of the visitor's visa. She also needs to apply for the WP through the appropriate "overseas" office. I would include a copy of the WP application with the application for restoration and extension with a letter advising that she is waiting for a decision on the WP and ask them to hold it in abeyance until a decision is made on the WP.

No, they do not issue a WP with the same validity as the LMO. The LMO validity only has to do with the time frame in which it can be used to hire a foreign worker. They should issue the WP in accordance with the length of the contract and/or the expiry date on her passport.

 

[job_seeker]

She needs to apply for restoration right away and and extension of the visitor's visa. She also needs to apply for the WP through the appropriate "overseas" office. I would include a copy of the WP application with the application for restoration and extension with a letter advising that she is waiting for a decision on the WP and ask them to hold it in abeyance until a decision is made on the WP.

No, they do not issue a WP with the same validity as the LMO. The LMO validity only has to do with the time frame in which it can be used to hire a foreign worker. They should issue the WP in accordance with the length of the contract and/or the expiry date on her passport.

There you go...

Application for work permit:
http://www.cic.gc.ca/english/pdf/kits/guides/5487E.PDF
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1295B.PDF

If she has a US visa then she can go to the nearest Canadian Consulate/Visa Office. Check the processing days and times before you go. If you will send it use couriers so it is there in a day or a little more than a day.

 

[marialaki]

Thanks so much for your advice! Truly appreciated!
Will do; she`ll get her restoration then an extension of a visitor`s visa...would they be on the same application or they are separate?
Thanks so much again guys/ladies
I`m a bit more relieved now that there is hope! I don`t want her to leave; she has nowhere to go now...she`s feeling that Canada is her home
Cheers
Rita

 

[PMM]

Hi

Thanks so much for your advice! Truly appreciated!
Will do; she`ll get her restoration then an extension of a visitor`s visa...would they be on the same application or they are separate?
Thanks so much again guys/ladies
I`m a bit more relieved now that there is hope! I don`t want her to leave; she has nowhere to go now...she`s feeling that Canada is her home
Cheers
Rita

I hope that she has a US visitor visa, as most LCP applicant require an interview.

PMM

 

[marialaki]

I came to Canada under the LCP applied to Detroit; I just had to do the "border loop" walked over to the US border then turned right back and entered Canada with the approval letter from Detroit...my work permit then was granted/issued. Yes, in fact Hungarian citizens do not require a visitor visa anymore to enter the United States, phew that`ll help
Thanks again for everyone to post replies and advice!@!
Rita

 

[job_seeker]

I came to Canada under the LCP applied to Detroit; I just had to do the "border loop" walked over to the US border then turned right back and entered Canada with the approval letter from Detroit...my work permit then was granted/issued. Yes, in fact Hungarian citizens do not require a visitor visa anymore to enter the United States, phew that`ll help
Thanks again for everyone to post replies and advice! @ !
Rita

Do you mean you were able to get the work permit in a day? GREAT!!!!

 

[marialaki]

Well, yes in a day but the application was already approved by the Consulate in Detroit!
So she`s fine as long as she applies for a work permit before the labour market opinion letter expires on November 19th??? we`ve asked but she cannot have it extended! she`d need a brand new one!

 

[job_seeker]

Well, yes in a day but the application was already approved by the Consulate in Detroit!
So she`s fine as long as she applies for a work permit before the labour market opinion letter expires on November 19th??? we`ve asked but she cannot have it extended! she`d need a brand new one!

If she has done her medicals and she already has an approved work visa (? she might not need this because she is from a visa exempt country), she can probably go to a Port of Entry close to you with the labour market opinion, and job contract and pick up her Work Permit. I am assuming that you sent an application to Detroit previously, had paid the Cdn150.00 processing fee and did the medicals.

 

[marialaki]

I got the best advice from one of Canada`s leading Immigration Lawyers: David Allen Bruner email; singhoppebruner@yahoo.ca
My sister applies for a restoration status then a work permit in Buffalo since her potential employer is in Ontario. And just explaining that it was an honest mistake...
I spoke to other lawyers and consultants but they were both advising my sister to leave for Hungary and apply there for a work permit...
thanks for replying when needed
Rita

 

[marialaki]

...just to verify: the refusal letter my sister received from Vegreville has no legal effects it is not a deportation order and that everyone has the right to a hearing before an adjudicator according the Lawyer...most are not aware and are hoped that they`ll just leave Canada...

 

[job_seeker]

...just to verify: the refusal letter my sister received from Vegreville has no legal effects it is not a deportation order and that everyone has the right to a hearing before an adjudicator according the Lawyer...most are not aware and are hoped that they`ll just leave Canada...

Hi,

You are right.... Immigration lawyers give different advice for the same problem. I was in a similar situation as your sister was and I was just so blessed because I found an immigration consultant who guided me through the entire process. This is the reason I joined the forum so I can in a way pay forward the help that was given me.