工作签证 想去加国做住家保姆

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http://www.cic.gc.ca/english/resources/manuals/ip/ip04-eng.pdf
pdf文件
IP 4
Processing Live-in Caregivers
in Canada

IP 04 Processing Live-in Caregivers in Canada
2008-04-24 1
Updates to chapter ....................................................... 3
1. What this chapter is about .............................. 4
2. Program objectives ......................................................... 4
3. The Act and Regulations ....................................................................... 4
4. Instruments and Delegations ................................................................. 4
4.1. Instruments and delegations............................................... 4
4.2. Delegated powers .......................................................................... 5
4.3. Delegates/Designated officers ................................................ 5
5. Departmental policy ................................................ 5
5.1. Responsibility for processing by the visa office ....................... 5
5.2. Responsibility for processing in Canada............................... 5
5.3. Issuance or renewal of work permits in Canada...................................
5.4. Mandatory employment contract......................................
5.5. Validation of a job offer .......................................
5.6. Eligibility for permanent residence .................................................................................................. 6
5.7. Admissibility requirements .......................................... 7
5.8. Quebec applicants .......................................................... 7
5.9. Parallel 同时进行processing of family members ............................................ 7
5.10. Responding to representations ........................................... 7
6. Definitions ...................................................... 7
6.1. Bridge extension ................................................................... 7
6.2. Employment contract ............................................ 8
6.3. Family member ............................................................................... 8
6.4. Live-in caregiver............................................................................ 8
7. Processing an employment contract............................................................. 8
8. Procedures程序 for issuance/renewal of work permits, study permits .................... 9
8.1. Applications for work permits ...................................................................... 9
8.2. Requirements for issuance of work permits................................... 9
8.3. If all requirements are met ................................................................ 9
8.4. If requirements are not met: Live-in caregiver has left work ...................... 10
8.5. If requirements are not met: Live-in caregiver is between jobs ............................. 10
8.6. Refusal of an application for a work permit....................................
8.7. Issuance of study permits ......................................................... 10
9. Processing applications for permanent residence.......................... 10
9.1. General guidelines .................................................................. 10
9.2. Applications..................................................................................... 11
9.3. Fees ................................................................... 11
9.4. Assessing eligibility to become a member of the live-in caregiver class ............... 12
9.5. Acceptable evidence of two years’ employment................................. 12
9.6. Checking for pending criminal charges...................................... 13
9.7. Granting approval-in-principle (applicants determined to be members of
live-in caregiver class)...................................................................................... 13
9.8. Refusing applicants determined not to be members of live-in caregiver class
(ineligible applicants).................................................... 13
9.9. Applications in Quebec ......................................................................... 13
9.10. Assessing admissibility requirements ......................................... 14
9.11. Criminal and security checks .................................................... 14
9.12. Medical examinations............................................................. 14
9.13. Processing of family members................................................. 14
9.14. Family members not subject to examination.................... 15
9.15. Ineligible family members.......................................................... 15
9.16. Finalizing approved cases............................................... 16
9.17. Finalizing refused cases..................................... 16
10. Tracking the application............................... 17
Appendix A Sample letters................................................ 18
Appendix B Fact sheet on employment standards legislation ................ 24
IP 04
IP 04 Processing Live-in Caregivers in Canada
2008-04-24 2
Appendix C Provincial and territorial employment standards ............................. 30
Appendix D Counselling fact sheet........................................ 33
Appendix E Live-in caregiver/domestic worker associations............................ 34
Appendix F Live-in caregivers, working conditions by region.................... 36

-------------------------------------------


IP 04 Processing Live-in Caregivers in Canada
Section 6.3 was amended修订 to provide an accurate精确的 link to the definition 定义of a “Family Member.”
Section 9.5 was updated to clarify that acceptable evidence of two year’s employment MUST
include ALL documents listed. As well, a new document requirement was added: a letter from
the current employer showing the start date and confirming the applicant’s status as currently
being employed.
The “Updates to chaper” section was created.


--------------
IP 04 Processing Live-in Caregivers in Canada

1. What this chapter is about
This chapter describes the processing in Canada of applications for renewal of work permits
(same employer), applications for new work permits (new employer), applications for study
permits and applications for permanent residence, under the Live-in Caregiver Program (LCP).
这章讲述 更新工作签证(同一雇主 和新雇主), 学习签证和移民.
Note: See OP 14 for the processing of live-in caregiver applications at visa offices abroad.
2. Program objectives
Citizenship and Immigration Canada established this program to meet a labour market shortage of
live-in caregivers in Canada, giving qualified foreign caregivers the opportunity机会 to work and
eventually apply for permanent residence within Canada.
3. The Act and Regulations
The Immigration and Refugee难民 Protection Act (IRPA), which was passed on November 1, 2001,
and its accompanying Regulations took effect June 28, 2002. They replace the Immigration Act of
1976 and the Regulations established on April 1, 1997.
References in the Regulations to the Live-in Caregiver Program
For more information about Refer to
Authorization for application for permanent residence in Canada R72
Definition of live-in caregiver R2
Live-in caregiver class R113
Requirements for work permit R111, R112
Application for permanent residence in Canada R113
Requirements for family members R114
Applicable times R115
Study without a work permit: short-term courses R188
Application in Canada for work permit R207
Application in Canada for study permit R215
Forms Required
Form Title Form Number
In-Canada Application for Permanent Resident Status IMM 5002E
Document Checklist Live-in Caregiver IMM 5282E
Application to Change Conditions or to Extend my Stay in Canada IMM 1249E
4. Instruments and Delegations
4.1. Instruments and delegations
Subsection A6(1) of the Act authorizes the Minister to designate officers to carry out specific
powers, and to delegate authorities. It also states those ministerial authorities that may not be
delegated, specifically those relating to security certificates or national interest.

 

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Pursuant to subsection A6(2) of the Immigration and Refugee Protection Act, the Minister ofCitizenship and Immigration has delegated powers and designated those officials authorized tocarry out any purpose of any provisions legislative or regulatory in instrument IL 3 Designationof Officers and Delegation of Authority.
4.2. Delegated powers
Chapter IL 3 organizes delegated powers by modules. Each module is divided into columns,including column 1: provides an item number for the described powers; column 2: provides a reference to the sections or subsections of the Act and Regulations covered by the described
powers; and column 3: provides a description of the delegated powers. The duties and powers
specific to this chapter are found in the modules listed below:
Module 1 Permanent residence and the sponsorship of foreign nationals
Module 7 Temporary Residents Remaining in Canada
Module 9 Inadmissibility loss of status removal
4.3. Delegates/Designated officers
The delegates or designated officers, specified in column 4 of Annexes A to H, are authorized to carry out the powers described in column 3 of each module. Annexes are organized by region andby module. Officers should verify the list below for the annex specific to their region.
Annex A Atlantic Region
Annex B Quebec Region
Annex C Ontario Region
Annex D Prairies/NWT Region
Annex E BC Region
Annex F International Region
Annex G Departmental Delivery Network
Annex H NHQ
5. Departmental policy
5.1. Responsibility for processing by the visa office
Visa offices are responsible for the initial selection process and issuance of work permits to live-in caregivers. See OP 14, section 8.3 for assessment of eligibility criteria. They are also responsible for processing overseas family members of live-in caregivers who have applied for permanent residence.大使馆负责审理lcp和发wp，还负责海外家庭成员申请pr
5.2. Responsibility for processing in Canada
The Case Processing Centre in Vegreville (CPC-V) is responsible for processing applications in Canada for:
work permits and renewals;工签和更新
study permits;学生签证
permanent residence in Canada.

Note: CPC-V refers cases to an inland immigration office (CIC) if an interview is warranted or if there issuspected misrepresentation, serious criminality or security concerns, as described in A34, A35,A36(1) or A37.
CPC-V issues all refusal letters.
5.3. Issuance or renewal of work permits in Canada
Work permits are issued for one year at a time. Live-in caregivers must apply to CPC-V for a renewal of their work permit before it expires.
以前的是1年。到期前更新。
They may change employers but must apply for a new work permit, with a validated job offer and a new employment contract. If the caregiver continues to work for the same employer, there is no need for a new validation. A letter from the employer stating that the live-in caregiver will continue to be employed full time for another year is sufficient. The employer and caregiver must also extend their employment contract for another year.换雇主要有新wp，和job offer和合同。
Live-in caregivers must continue to meet the requirements of the LCP.
Note: Applicants who take live-out employment are automatically disqualified from the program, as are those who work for more than one employer at a time.
The total duration of all work permits (added together) should not exceed three years. Participants must complete two years of full-time employment to qualify for permanent residence. The threeyear period gives them flexibility to compensate for periods of unemployment, illness, vacation or maternity leave.
5.4. Mandatory employment contract
An employment contract between employer and live-in caregiver, outlining the terms andconditions of employment, is a legal requirement of the Live-in Caregiver Program and must be provided to CPC-V before a work permit can be renewed. The contract must be signed by both
employer and employee. Terms and conditions must, by law, be consistent with provincial employment standards.合同符合省就业标准
5.5. Validation of a job offer
See OP 14, section 5.11.
Validation by Human Resources Development Canada (HRDC) is required for a new work permit (change of employer).
HRDC’s local Human Resources Centres of Canada (HRCCs) ask employers interested in hiring a live-in caregiver to complete an EMP 5093, Application for Foreign Live-in Caregiver.
For more information about application and validation, please see section 7, Processing an employment contract.
5.6. Eligibility for permanent residence
Live-in caregivers may apply for permanent residence after they have worked for two years in the LCP within three years of their arrival in Canada. They must meet the requirements of the class as specified in R113. The live-in requirement is an important element of the program, as there is no shortage of Canadians willing to work on a live-out basis.
All family members of LCP applicants for permanent residence must undergo and pass medical,criminal and security checks. Separated or former spouses/common-law partners and children in the custody of another person, including the separated or former spouse/common-law partner, are not eligible family members. Live-in caregivers cannot become permanent residents if any of their
eligible family members are inadmissible.




Live-in caregivers may request parallel processing同时进行 for some or all of their family members living in or outside Canada. Family members processed concurrently at a visa office may be issued permanent resident visas. Once the live-in caregiver is a permanent resident, family members
who are not processed concurrently may be sponsored as members of the family class, provided they were examined.
Note: A separated spouse, former common-law partner or child in the custody of another person, who was not examined, cannot later be sponsored as a member of the family class [R117(9)(d)].
5.7. Admissibility requirements
Applicants and all family members, both in Canada and outside Canada, must pass medical,criminal and security checks. They cannot be granted permanent residence if they or any of their family members are inadmissible. See A33 to A42.
5.8. Quebec applicants
The Canada-Quebec Accord gives Quebec legal authority to select independent immigrants such as live-in caregivers. Applicants need Quebec’s approval after completing two years of full-time work in the program in order to be granted permanent residence in that province.
If Quebec refuses the application, the applicant should be given the opportunity to apply for permanent residence in another province. It would be unfair and legally unfounded to remove these applicants from Canada if they meet federal LCP requirements for permanent residence as
specified in R113.
Note: For more information, the provincial government booklet, Guide for Live-in Caregivers
http://www.immigration-quebec.gouv....le/temporary-workers/obtainingauthorizations/
certificat-permit/live-in-caregiver/index.html is available from the ministère des
Relations avec les citoyens et de l’Immigration (MRCI).
5.9. Parallel processing of family members
Live-in caregiver applicants for permanent residence may have their family members living abroad processed concurrently for permanent residence. If all admissibility requirements are met, the visa
office issues permanent resident visas to eligible family members of live-in caregivers granted permanent residence in Canada.
5.10. Responding to representations
The Privacy Act requires that information concerning clients must be released only to the client or a designated representative who is a Canadian citizen or permanent resident. Before responding
to a representation made in person or in writing, the identity of clients or their representative must be confirmed.
The decisions on a live-in caregiver’s application for permanent residence are objective and straightforward. The Regulations do not allow for discretion. Officers should reply to representations by reiterating the grounds of ineligibility or inadmissibility.
6. Definitions
6.1. Bridge extension
A bridge extension is an interim 临时work permit given to live-in caregivers who are between jobs and have not yet found a new employer. The extension is usually for a period of two months.

6.2. Employment contract
Live-in caregivers and their employers must sign an employment contract which states the terms and conditions of employment before a work permit can be issued. This ensures that both parties understand what is expected of them and reinforces the employers’ legal responsibilities to the caregivers.
6.3. Family member
Definitions in R1(3): Any of the following relationships qualify an individual as a family member:
spouse or common-law partner;
dependent child;
dependent child of dependent child.
6.4. Live-in caregiver
A live-in caregiver is a person who provides child care, senior home support care or care of the disabled without supervision in a private household in Canada in which the person resides [R2].
7. Processing an employment contract
HRCCs inform employers of the legal requirement to have an employment contract with their livein caregiver.
Employers are required to:
provide a signed employment contract to their prospective live-in caregiver;
have the live-in caregiver sign the employment contract and return it to the employer;
give the contract to the HRCC along with the application form.
Note: Employers are told that their live-in caregiver must submit a copy of the signed contract to the CPC-V as part of the documentation required for the work permit application process.
The HRCC provides information on:
acceptable wage standards;
taxation;
health insurance;
workers’ compensation赔偿 and other employment issues其他就业问题.
Once the application and employment contract are submitted by the employer, the HRCC:
reviews the application/employment contract;
confirms that the job offer exists;
confirms the need for live-in care;确认需要住家照顾

records details of job validation in the HRDC National Employment Service System (NESS);
provides letter to employer confirming validation验证;
instructs employer to send copy of validation letter to live-in caregiver;
issues refusal letter to employer if offer of employment rejected.
Note: The validation information is available to CPC-V through the FOSS-NESS link.
8. Procedures程序 for issuance/renewal of work permits, study permits
8.1. Applications for work permits
Applicants must apply for:
a permit renewal before the expiry of the current permit;
a new permit if they change employers.
Applicants mail completed Application to Change Conditions or to Extend my Stay in Canada
IMM 1249E to CPC-V. (Applications are available through the Call Centres or by downloading from the CIC Internet site.)
Note: Proof of fee payment at a financial institution is submitted with the application, as is a copy of the new or extended employment contract (signed by both employer and caregiver). (See IR5 for
details on fees.)
8.2. Requirements for issuance of work permits
Requirements Applicant must provide: CPC-V must:
Live-in, full-time caregiver:
If same employer
1. Letter from the employer
stating that the live-in caregiver will continue to be employed full
time for another year.
2. Copy of a new or extended,
signed employment contract.
No need for new validation.
1. Assess whether applicant continues to meet the definition
of a live-in caregiver, (i.e., fulltime, live-in employment as caregiver).

If change of employer
1. Copy of HRC validation of new offer of employment.
2. A new employment contract signed by the applicant and the
new employer.
1. Check FOSS-NESS link for record of validation by HRC.
2. Verify that contract contains required information (see OP
14, section 7 for details).
8.3. If all requirements are met
CPC-V issues a new permit for one year and
writes LCP in special programs box;
includes in Remarks: “May study without study permit if course or program of studies is six months or
less” [R188].


8.4. If requirements are not met: Live-in caregiver has left work
If it is clear that an applicant has left live-in caregiver work, CPC-V will refuse the application.
Note: If an investigation is required, the case should be referred to an inland Canada Immigration Centre (CIC).
8.5. If requirements are not met: Live-in caregiver is between jobs
If an applicant is between jobs and has not found a new employer, CPC issues an interim work permit to bridge the gap. Cost recovery applies.
The bridge extension should:
have a duration of two months;
show the last employer;
include “bridge extension” in Remarks.
Note: If the bridge extension expires before the applicant finds a new job, CPC should carefully assess he reasons for continued unemployment, and may need to refer the applicant to an inland CIC.
8.6. Refusal of an application for a work permit
Reasons for refusing an application must be well documented and provided to the applicant.
Refusal of a work permit means that the person is disqualified from applying for permanent residence in Canada under the LCP.
Should the refused applicant request an extension of their temporary resident status, the officer should assess carefully their bona fides as a temporary resident.
If it appears that the person may not leave Canada, or has no means of support, or in some other way no longer qualifies for temporary resident status (e.g., worked without authorization), the request for an extension should be refused. (See IP 6 Temporary Resident Extensions.)
8.7. Issuance of study permits
Live-in caregivers who wish to take a course or program of studies more than six months in duration require a study permit.
CPC-V may issue study permits to live-in caregivers because they hold work permits [R215].
Officers should enter the LCP code in the special program box.
9. Processing applications for permanent residence
9.1. General guidelines
CPC-V sends a letter with the final work permit extension, advising live-in caregivers when they will be eligible to apply for permanent residence, how to obtain an application for permanent residence kit and what requirements must be met.
The officer determines if the applicant meets the requirements to become a member of the live- in caregiver class.
Once a member of the live-in caregiver class, the applicant is given approval in principle and can apply for an open work permit.


Applicant and family members in Canada and abroad are referred for examination to determine admissibility.


Once statutory requirements are met, permanent residence is granted to the live-in caregiver and any family members in Canada, and permanent resident visas are issued to accompanying family members abroad.
If necessary, refusal letters are issued.
Note: Live-in caregivers must provide enough information in their applications so that officers can make the required decisions [R113(1)(a)].
9.2. Applications
Applicants complete the In-Canada Application for Permanent Resident Status for Live-in Caregivers (forms IMM 5002E and IMM 5282E). The kit can be requested through the Call Centre, or downloaded from the CIC Internet site.
Applicants must list all family members in Canada and abroad, and indicate which ones they wish to have processed concurrently for permanent residence.
Note: Family members may not be added to an application once processing has begun.
Applicants submit the completed forms with fee receipts and all required supporting documents to CPC-V.
CPC-V staff screen the application for completeness and verify:
that all required forms are completed and signed as per Immigration Guide IMM 5290E;
that evidence of payment of applicable processing fees at designated financial institution exists;
that two passport-sized photographs of applicant and of family members in Canada are included;
that all required documents are included as per Document Checklist IMM 5282E, including proof of two years of employment.
The application is considered made on the date the completed application, correct fees and supporting documentation are received by CPC-V.
Applications returned to the applicant are not considered to be applications.
If the application is not complete, CPC enters the date of the incomplete application in the Field Operational Support System (FOSS) and returns the package to the applicant, with a letter explaining the reason.
9.3. Fees
Principal applicants in Canada pay processing and right of permanent residence fees (RPRF) for all family members included in the application for parallel processing for permanent residence, whether in Canada or abroad. No RPRF is required for the principal applicant’s dependent
children [R303(2)(a)]. No processing or right of permanent residence fees are charged for family members not included for parallel processing (see IR 5). The CPC will indicate that fees have been paid in Canada when forwarding the forms to the responsible visa office.
The kit includes instructions on how to pay fees at a financial institution and to submit the receipt with the application. If an application does not include the correct cost recovery fee, CPC must return the kit to the applicant with a letter requesting payment.


9.4. Assessing eligibility to become a member of the live-in caregiver class CPC-V must determine whether applicants meet the following requirements to become members of the live-in caregiver class, as listed in R113:
application for permanent residence has been submitted;
they are temporary residents;
they possess a valid work permit to work as a live-in caregiver;
they provide proof of having worked full time as a live-in caregiver for a total of two years during the three years since being admitted to Canada as a live-in caregiver (see below);
they have lived in the employer’s home while working as a live-in caregiver;
they have provided, without supervision, child care, senior home support care, or care of the disabled in that home;
they are not the subject of, and they do not have family members who are the subject of, an inadmissibility hearing (A44(1) report), an appeal or judicial review resulting from an inadmissiblity hearing, or a removal order.
Officers should check:
the statutory questions on the IMM 5002E;
the FOSS for any record of A44(1) report, referral to a hearing or removal order;
Note: A live-in caregiver is not eligible for permanent residence if their spouse or common-law partner is a refugee claimant, or has appealed or sought judicial review.家庭成员如果申请难民,住家保姆没法申请移民
that the applicant did not misrepresent education, training or experience when applying to come to Canada as a live-in caregiver.
Note: This could include misrepresentation by another person as well as by the applicant. See OP 14,

9.5.section 7.1 for requirements for initial work permit issued by the visa office. Information may have since come to light indicating misrepresentation in order to meet these requirements. Acceptable evidence of two years’ employment
Evidence must include:
a letter from the current employer showing the start date and confirming the applicant’s status as being currently employed;雇主信
record of earnings (ROE): under the Employment Insurance Regulations, an employer must complete an ROE after every interruption of earnings due to termination of contract, illness or injury. Applicants
should have ROEs for each previous job, but will not have one for their current job. The local HRCC
may assist if employees have trouble obtaining ROEs;以前雇主的roe
a statement of earnings showing hours worked and deductions made by employer;
a record of wages and deductions sent to the Canada Customs and Revenue Agency;
雇主还要出上面的2个东西 类似payroll

 

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if they are still employed with the same employer and any of the above documents are not available,
they may provide a statutory declaration stating terms and conditions of their most recent employment.
Note: The two-year period does not include any absence不在 from Canada, periods of unemployment, parttime work, sickness or maternity leave. However, allowable vacation leave, as outlined in the provincial and territorial employment standards legislation, will be counted as part of the two years.
Live-in caregivers have the right to be covered under workers’ compensation, but this period of unemployment is not included in the required two-year work record.
Note: For additional information on vacation leave, see the fact sheet on employment standards legislation (Appendix B).
9.6. Checking for pending criminal charges
If an officer has reason to believe the applicant or a dependant of the applicant may have committed an offence in Canada that would make them inadmissible, processing may be delayed for a year, pending police investigation, or, if charges are laid, until the courts have disposed of
the matter. If the police do not lay charges or the person is found not guilty, processing may continue. If the person is convicted, the person would be reported under A44(1) and not be eligible for permanent residence.
If an officer has reason to believe the applicant or dependant may have committed or been convicted of a crime outside Canada, the application may be refused. Reliable and releasable information is necessary. Unsupported suspicion is not sufficient grounds for refusal.
Example: Newspaper clippings, anonymous letters or oral comments may generate suspicion that will require more reliable substantiation, likely from a jurisdiction that has authority to conduct an investigation
for the purpose of laying criminal charges. An official confirmation by the authorities that an individual is under investigation or a copy of the charges will provide “reasonable grounds.”
9.7. Granting approval-in-principle (applicants determined to be members of live-in caregiver class)
CPC sends a letter to applicants informing them that they have been granted “approval-inprinciple” and requesting any further information needed.
Approved applicants and any family members in Canada at the time of approval-in-principle may apply for an open work permit and are exempt from validation R207. They must obtain the guide, Applying to Change Conditions or Extend your Stay in Canada, by visiting the CIC Web site or
phoning the Call Centre.
9.8. Refusing applicants determined not to be members of live-in caregiver class (ineligible applicants)
CPC sends a letter to ineligible applicants informing them that they have been refused. (See Appendix A.)
If an interview is necessary in order to explain the reasons for refusal and to counsel the client with respect to their status in Canada, CPC may refer the case to an inland CIC.
9.9. Applications in Quebec
CPC-V sends a copy of the application for permanent residence and a covering letter to the MRCI. If Quebec accepts the application, the MRCI issues a Certificat de sélection du Québec(CSQ).

If Quebec refuses the application, CPC informs the applicant that they may apply for permanent residence in another province, and will continue processing if the applicant selects another province.
For further information, please see section 5.8.
9.10. Assessing admissibility requirements
Once CPC has determined that the applicant is a member of the live-in caregiver class, they and their family members in Canada and outside Canada will undergo medical, criminal and security checks to determine admissibility. Applicants cannot be granted permanent residence if they or
any of their family members are inadmissible.
Note: See OP 14, section 9 for processing family members outside Canada.
9.11. Criminal and security checks
Applicants and dependent children 18 years of age or over must provide police certificates for every country they have lived in for six months or more.
CPC-V should:
check notes in the Computer-Assisted Immigration Processing System (CAIPS) for visa office comments;
check FOSS and the Canadian Police Information Centre (CPIC) for any report on inadmissibility or criminal activity;
refer cases involving suspected misrepresentation or serious criminality or security, as described inA34, A35, A36(1) and A37, to an inland CIC.
Note: Applications will be refused if the applicant or any dependent child is inadmissible.
For more information about Refer to Criminal and security checks OP 2, section 5.21
Security and criminal screening of permanent residents
IC 1 Evaluating inadmissibility ENF 2
9.12. Medical examinations
For information on procedures, see OP 15, Medical Procedures.
9.13. Processing of family members
Live-in caregivers must name all their family members, whether in Canada or abroad, on their application so that they can be assessed against requirements for permanent residence. Live-in caregivers may choose concurrent processing for some or all of their family members, or they may choose to sponsor some or all at a later date, provided they have been examined. Family members sponsored later must meet all the requirements at that time.
Applicants must indicate which family members will be processed concurrently for purposes of obtaining their permanent resident visas and which family members are listed only for the purpose of examination.


For family members living abroad, CPC-V will inform the responsible visa office by forwarding: a copy of the IMM 5002E (In-Canada Application for Permanent Resident Status), which lists all family members and shows which ones are to be processed concurrently;
confirmation that fees have been paid for family members to be processed concurrently.
CPC should ensure that the visa office has up-to-date contact information for family members,and advise the visa office of any change in the live-in caregiver’s address and telephone number.
Note: For visa office processing, see OP 14.
9.14. Family members not subject to examination
Separated spouses, former common-law partners and children in the custody of a separated spouse or former spouse or common-law partner do not need to be examined.
Applicants must provide written evidence of the breakdown of their relationship:
formal separation agreement;
letter from a lawyer indicating that divorce proceedings are underway;
court order in respect of children identifying the fact of the relationship breakdown;
documents removing the spouse or common-law partner from insurance policies or will;
statutory declaration in the case of countries where legal separation and divorce are not possible, e.g.,
the Philippines. To be satisfied that the relationship has truly broken down, the officer may consider supporting evidence such as:
evidence that the separated spouse is living with or has children with another partner;
income tax returns showing status as separated.
CPC should review CAIPS notes from the initial work permit application at the visa office to see if the visa officer confirmed the applicant’s marital status. CPC may ask the visa office to confirm or discredit the statutory declaration or other information provided by the applicant concerning their
marital status.
Note: It is important to distinguish between “separated” spouses or former common-law partners and “uncooperative” spouses or common-law partners. The former need not undergo examination; the
latter must undergo examination, without which the live-in caregiver’s application for permanent residence in Canada may have to be refused.
Children are exempt from examination only if the applicant provides written evidence that the child is in the legal custody or guardianship of another individual (including the other parent). If written legal evidence is not available, a child must undergo a medical examination.
9.15. Ineligible family members
If a visa office informs CPC-V that family members do not meet the definition of “family member”(e.g., over 22 and not full-time students) or are not subject to examination, CPC-V should:
inform the applicant that the ineligible family members cannot be part of the application;


give the applicant the opportunity to provide additional information within a stated time period or to apply for a RPRF refund if they have paid for the ineligible family members.
At the end of a pre-determined period of time, CPC should release the IMM 5292, Confirmation of Permanent Residence, for the applicant and eligible family members only.
Note: It is not necessary for applicants to delete ineligible family members from the application.
However, applicants should have an opportunity to provide evidence that the family members are eligible.
9.16. Finalizing approved cases
CPC:
enters information in FOSS that the applicant and family members in Canada are granted permanent residence;
sends an electronic Confirmation of Permanent Residence (IMM 5292) to the inland office;
includes names of family members living abroad, visa office and file number;
includes program code LCP and permanent resident category LCI.
Inland office:
prints permanent resident visa;
grants permanent residence to applicant and family members in Canada;
informs the visa office that permanent residence has been granted so that the visa office can issue visas to family members abroad being processed concurrently, if medical and background checks are
still valid.
9.17. Finalizing refused cases
If the visa office informs the CPC that the family members did not meet requirements or could not be located, CPC must inform the applicant of the status of the case.
After giving time for the applicant to respond, CPC will refuse the application. The applicant will be refused if any family member is inadmissible or if any family member cannot be located or is
uncooperative in undergoing medical or background checks. The refusal letter to the applicant must state that the applicant and all family members are refused.
Applicants who still have valid status must be informed in writing that their status and work permit will not be extended and that they should leave Canada.
Note: Procedural fairness requires that the applicant be aware of factors that may contribute to a negative decision and be given the opportunity to respond.
If the reason for refusal was that the spouse, common-law partner and/or children were not medically examined, officers should confirm that they were indeed subject to examination, and not exempt because of a relationship breakdown.
Officers must also confirm that the visa office informed the applicant that the family member’s lack of cooperation in undergoing medical and background checks could result in refusal of the
application for permanent residence.

10. Tracking the application
FOSS tracks the processing of applications for permanent residence through the Case Processing
Support (CPS) module.
CPC-V staff:
enter applications in the CPS module when they arrive at the CPC;
enter names of family members residing abroad in the Remarks section and complete the Y (yes) or N
(no) box when the visa office provides results of overseas examination (see section D);
indicate if provisionally approved in the “approved-in-principle” field when the eligibility decision is made;
enter results and date when eligibility requirements are met.
When all requirements are met, CPC officers:
enter the granting of permanent resident status;
enter the closest inland office to client’s residence as office of issue.
The inland office will, according to local procedures:
print permanent residence documents on a regular basis;
send a call-in notice or letter to the client.

 

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Appendix A Sample letters
Live-in caregiver approved
This letter acknowledges receipt of your application for permanent resident status in Canada.
It has been determined that you meet the eligibility requirements to apply for permanent resident status as a member of the live-in caregiver class. However, a final decision will not be made until all remaining requirements for becoming a permanent resident have been met. If applicable, all of your family members, both in Canada and abroad, must pass medical and background checks.
Even if your family members abroad are not applying to join you in Canada at this time, they must pass medical and background checks. You cannot become a permanent resident until you and your family members have passed medical and background checks.
If you are not already in possession of an open work permit and you wish to work elsewhere, or do not possess a valid study permit and wish to attend school for more than six months, you may apply for either or both. If you wish to apply for a study permit, be sure to include a letter from the educational institution you plan to attend. The letter should outline the type of course or program you are registered for, the start date and the expected completion date. Please contact an Immigration Call Centre in your area and request an application kit.
The client number shown in the upper right corner of this letter is your personal identification number. This number provides access to information on your file and, as such, for your own protection, you should not allow any other person to use this number. If sending correspondence to Citizenship and Immigration Canada, please include your personal identification number.

Failure to include this number could result in the return of your correspondence unanswered.
If you require further assistance, please telephone your local Call Centre at the number indicated below and be prepared to quote your client number and your date of birth. General information and application kits may also be obtained through our Web site at http://www.cic.gc.ca.
Montréal 514-496-1010
Toronto 416-973-4444
Vancouver 604-666-2171
Rest of Canada 1-888-242-2100
Procedural fairness letter
This refers to your application for permanent resident status in Canada.
Insert secondary paragraph(s) here (see below)
[Provide specifics of the situation which is leading to refusal and state whether it is the applicant or family members who are not meeting the requirement.]
You have the opportunity to make any submissions related to this matter. Should you wish to make submissions, you must do so in writing to this office within 30 days from the date of this letter. If you do not make a submission, a decision regarding your ability to comply with these
requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration given to the request for permanent residence unless a new application, including fees, is submitted.
You have until (type date plus 30 days) to send new information not previously on your immigration file. If the information is not in English or French, you must also include an adequate translation.

In order to become a permanent resident under the live-in caregiver class, you must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class.
Regulation R113(1) states:
A foreign national becomes a member of the live-in caregiver class if
. . .
(d) they entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,
(i) resided in a private household in Canada, and
(ii) provided child care, senior home support care or care of a disabled person in that household without supervision.
Under removal order

In the course of reviewing your file, it appears that your application for permanent residence may have to be refused as you and/or your family member(s) do not appear to meet immigration requirements.




Not in possession of a valid work permit


The sections of the Immigration and Refugee Protection Act that describe grounds for inadmissibility to Canada are in Division 4 of Part I. The text of this Division is attached to this letter.
Refusal letter
The client number shown in the upper right corner of this letter is your personal identification number. This number provides access to information on your file and, as such, for your own protection, you should not allow any other person to use this number. If sending correspondence
to Citizenship and Immigration Canada, please include your personal identification number.
Failure to include this number could result in the return of your correspondence unanswered.
If you require further assistance, please telephone your local Call Centre at the number indicated below and be prepared to quote your client number and your date of birth. General information
and application kits may also be obtained through our Web site at http://www.cic.gc.ca.
Montréal 514-496-1010
Toronto 416-973-4444


Vancouver 604-666-2171
Rest of Canada 1-888-242-2100
Inserts forrefusal letter for live-in caregiver
Worked less than 24 months
This refers to your application for permanent resident status in Canada under the live-in caregiver class.
In order to become a permanent resident under the live-in caregiver class, you must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class.
Regulation R113(1) states:
A foreign national becomes a member of the live-in caregiver class if
. . .
(d) they entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,
(i) they resided in a private household in Canada, and
(ii) provided child care, senior home support care or care of a disabled person in that household without supervision.
Since you have not presented evidence that you are able to comply with this requirement, your application for permanent residence in Canada as a member of the live-in caregiver class is refused.
You and your family members, if any, are required to leave Canada on or before the expiry date of your work permit. Failure to leave Canada could result in removal action.
Under removal order
This refers to your application for permanent resident status in Canada under the live-in caregiver class.
In order to become a permanent resident under the live-in caregiver class, you and your family members, if any, must comply with requirements as specified in the Immigration and Refugee
Protection Regulations for this class.
Regulation 113(1) states:
A foreign national becomes a member of the live-in caregiver class if
. . .
(e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;
Since (type name(s) of subject(s) here) has (have) not presented evidence that they are able to comply with this requirement, your application for permanent residence as a member of the live-in caregiver class is refused.
Your and your family members, if any, are required to leave Canada on or before the expiry date of your work permit. Failure to leave Canada could result in removal action.
Did not reside with employer
This refers to your application for permanent resident status in Canada under the live-in caregiver class.
In order to become a permanent resident under the live-in caregiver class, you must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class.
Regulation 113(1) states:
A foreign national becomes a member of the live-in caregiver class if

. . .
(c) they hold a work permit as a live-in caregiver;
(d) they entered Canada as a live-in caregiver and, for a cumulative period of at least two years within the three years immediately following their entry,
(i) they resided in a private household in Canada, and
(ii) provided child care, senior home support care or care of a disabled person in that household without supervision;
Since you have not presented evidence that you are able to comply with this requirement, your application for permanent residence as a member of the live-in caregiver class is refused.
Your and your family members, if any, are required to leave Canada on or before the expiry date of your work permit. Failure to leave could result in removal action.
Not in possession of a work permit as a live-in caregiver
This refers to your application for permanent resident status in Canada under the live-in caregiver class.
In order to become a permanent resident as a member of the live-in caregiver class, you and your family members, if any, must comply with admissibility requirements as specified in the Immigration and Refugee Protection Regulations.
Regulation 72(1) states:
A foreign national in Canada becomes a permanent resident if, following an examination, it is established that
(e) . . .
(i) they and their family members, whether accompanying or not, are not inadmissible.
Since (type name(s) of subject(s) here) has (have) not presented evidence that they are able to comply with this requirement, your application for permanent residence as a member of the live-in
caregiver class is refused.
The sections of the Immigration and Refugee Protection Act that describe grounds for inadmissibility to Canada are in Division 4 of Part I. The text of this Division is attached to this letter.
You and your family members, if any, are required to leave Canada on or before the expiry date of your work permit. Failure to leave Canada could result in removal action.
Inadmissibility Hearing, Appeal or Application for Judicial Review
This refers to your application for permanent resident status in Canada under the live-in caregiver class.

In order to become a permanent resident under the live-in caregiver class, you and your family members, if any, must comply with requirements as specified in the Immigration and Refugee Protection Regulations for this class.
Regulation 113(1) states:
A foreign national becomes a member of the live-in caregiver class if
. . .
(e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing.
Since (type name(s) of subject(s) here) is (are) the subject of an admissibility hearing/appeal/ application for judicial review, you are not a member of the live-in caregiver class. Your application for permanent residence as a member of the live-in caregiver class will not be finalized until this matter is resolved.
Note: This is not a refusal letter as such, since refusal or acceptance cannot take place until the results of the hearing/appeal/judicial review are known.


Appendix B Fact sheet on employment standards legislation法规
Applicable to live-in caregivers or domestic佣人 workers
This fact sheet briefly outlines employment standards provisions applicable to live-in caregivers in each province and territory.
Although the Live-in Caregiver Program is run by the federal government, employment standards legislation pertaining to caregivers and domestics falls within provincial and territorial jurisdiction.
Federal legislation (namely, the Canada Labour Code and Regulations) applies only to certain specific sectors such as banking, interprovincial and international transportation, telecommunications, broadcasting, grain handling and uranium mines.
It should be noted that the provisions in provincial and territorial employment standards legislation and their scope may vary from one jurisdiction to another. This means that minimum working
conditions prescribed by law are not identical across Canada for live-in caregivers or domestic workers. (In several provinces, the law makes no distinction between live-in caregivers and the more general category of “domestic workers.”)
Under the Immigration and Refugee Protection Act and Regulations, employers and live-in caregivers must sign an employment contract that clearly defines the rights and responsibilities of both parties. The terms and conditions of the employment contract must by law be consistent with
provincial employment standards. In some provinces and territories, employment standards legislation does not, in whole or in part, apply to live-in caregivers. Where there is no minimum wage applicable in a particular province or territory, Human Resources Development Canada
(HRDC) determines the wage rate to be paid by employers. In some parts of the country, HRDC requires employers to pay wages higher than the minimum wage rate, based on the prevailing wage paid for this type of work.
Please note that the following information is subject to change.
Alberta
Most of the provisions in Alberta’s Employment Standards Code apply to domestic workers, including those concerning the recovery of unpaid wages, paid annual holidays, rest periods (usually 30 minutes per shift in excess of five consecutive hours s. 18), days off (one day in
each work week or two consecutive days per two-week period, three consecutive days per threeweek period or four consecutive days per four-week period s. 19), maternity leave, parental leave and notice of termination. The Code also stipulates that an employee cannot be held
responsible for loss of property if another person also had access to it (s.12(3)).
Since July 1, 2000, domestic workers have also been entitled to a monthly minimum salary of $1,125 and to paid general holidays. However, the Code’s provisions regarding hours of work and
overtime pay do not apply to them (s. 6, Employment Standards Regulation).
British Columbia
Provisions regarding minimum employment standards apply to live-in caregivers, who are considered domestics under the Employment Standards Act (ESA). These provisions include
those pertaining to the recovery of wages, annual vacations with pay, paid general holidays, maternity leave, parental leave, family leave, hours of work and overtime pay (usually after eight hours’ work in a day or 40 hours in a week), rest periods (normally eight hours between each shift
and 32 consecutive hours per week) and notice of termination. In addition, an employer requiring that a uniform or special clothing be worn has to provide it free of charge to the employee and pay
maintenance and cleaning costs (s. 25, ESA).

Live-in caregivers are normally entitled to a minimum wage of $8.00 an hour. However, the minimum wage is $6.00 an hour for inexperienced employees who had no paid employment experience prior to November 15, 2001 and fewer than 500 hours of paid employment with one or
more employers, as per s. 15 of the Employment Standards Regulation (ESR). Moreover, an employer cannot charge a domestic more than $325 a month to cover the cost of room and board
(s. 14, ESR).
The employer of a domestic has to register the latter with the Registry Office of the Employment Standards Branch. The name, address, and telephone and fax numbers of the employer and the employee must be provided. An employer planning to hire a domestic worker from another
country must notify the Employment Standards Branch before the actual hiring and before making an application to bring the employee into Canada (s. 15, ESA; s. 13, ESR).
Finally, on employing a domestic, the employer must provide him or her with a copy of the employment contract. This contract must clearly state the duties, hours of work, wage and cost of
room and board. Any hours worked beyond those stated in the contract must be remunerated (s. 14, ESA).
Web site: www.labour.gov.bc.ca/esb/domestics/
Manitoba
Most of the provisions in the Employment Standards Code apply to live-in caregivers and domestics working more than 24 hours a week. These employees are covered by the minimum standards regarding the payment of wages, the minimum wage ($6.50 an hour; $6.75 an hour as
of April 1, 2003), paid general holidays, annual vacations with pay, maternity leave, parental leave and notice of termination. However, a domestic worker or live-in caregiver working on a general
holiday is not entitled to the overtime rate if the employer decides to give compensatory time off equal to the number of hours worked (s. 28(2), Employment Standards Code).
The Home Care and Residential Care Workers Regulation also contains provisions affecting livein caregivers. Under this Regulation, residential care workers (i.e., employees hired to provide care and supervision for a child, teenager or adult requiring assistance to live independently, in a
family home where they live during their work periods) must normally be paid an amount for each day of work equal to eight hours of wages at the regular rate plus four hours at the overtime rate.
However, by agreement with their employer, they can work (and be paid for) fewer than 12 hours a day. They can also work more than 12 hours and be paid at the overtime rate for each additional hour of workup to a four-hour maximuminasmuch as they record these hours in a register and
provide this register to their employer within a specified period (s. 2 of the Regulation).
The employer of a domestic or residential care worker cannot charge more than $1.25 a meal, to a maximum of $20 per week, plus $20 per week for lodging (s. 3 of the Regulation). Moreover, the employer must give at least 36 consecutive hours of leave per week with no reduction of regular
wages. If the domestic or residential careworker works during this period at the employer’s request, the number of hours worked must be added to one of the leave periods occurring in the following eight weeks or be paid at a rate at least equal to the overtime wage rate (s. 4 of the
Regulation).
Web site: www.gov.mb.ca/labour/standards/index.html
New Brunswick
New Brunswick’s Employment Standards Act and Regulations do not apply to persons working in private homes. Live-in caregivers therefore have no protection under provincial employment standards legislation, which makes it all the more important to spell out clearly the working
conditions in the employment contract.

Newfoundland and Labrador
The Labour Standards Act of Newfoundland and Labrador applies to live-in caregivers. The Act and Regulations set out minimum working conditions, including the minimum wage ($5.75 as of May 1, 2002 and $6.00 as of November 1, 2002), hours of work (maximum 16 hours a day), paid public holidays, annual vacations with pay, notice of termination, maternity leave, parental leave, the payment of wages and overtime pay (payable after 40 hours a week at a minimum rate of
$8.25 an hour; beginning on April 1, 2003, overtime will have to be paid at the rate of 50% of the employee’s regular wage).
Nova Scotia
Nova Scotia’s Labour Standards Code and Regulations apply to workers providing domestic services, including live-in caregivers, if they work more than 24 hours a week and their employer is not a close relative. Persons hired under the Live-in Caregiver Program can therefore benefit
from the Code’s provisions pertaining to the following: vacations with pay; paid general holidays; the minimum wage of $5.35 an hour for inexperienced workers (inexperienced employees are
persons who have been employed for fewer than three calendar months in total by their employer or another employer to perform the work for which they are employed and who have been in the service of their present employer for fewer than three calendar months) and $5.80 an hour for other employees (these rates will rise, respectively, to $5.55 and $6.00 an hour on October 1, 2002); overtime (payable after 48 hours’ work a week at a rate of one-and-a-half times the minimum wage); maternity and parental leave; bereavement leave; court leave; hours of work; rest periods (normally 24 consecutive hours per seven-day period); notice of termination; and the payment of wages.
The employer can deduct an amount from a caregiver’s wages to cover the cost of room and board. However, these deductions cannot reduce the employee’s wages to less than they would have earned at the minimum wage rate less $53.15 per week (s. 8, General Minimum Wage
Order). An employer requiring that a uniform be worn cannot reduce the wages of a caregiver for its purchase or laundering to an amount inferior to what they would have received at the minimum wage. However, the employee, regardless of their salary, remains responsible for the cost of dry cleaning (s.14, GMWO).
Web site: www.gov.ns.ca/enla/labstand/lstcode/
Northwest Territories and Nunavut (Since Nunavut’s creation in 1999, the labour standards
legislation of the two territories has remained virtually identical.)
The provisions of the Labour Standards Act in both of these territories apply to live-in caregivers in the same manner as to most other employees. This means they are covered by provisions
concerning the minimum wage ($6.50 an hour or $7 an hour in areas distant from the highway system), hours of work and overtime (payable after eight hours a day or 40 hours a week), the
weekly day of rest, annual vacations with pay, paid general holidays, maternity and parental leave, and notice of termination. The employer can deduct the cost of room and board from the wages of a live-in caregiver; nevertheless, wages for each pay period cannot be reduced below the minimum wage by more than $0.65 per meal and $0.80 per day for accommodation. In addition, the employer cannot reduce an employee’s wages below the minimum wage rate for providing, maintaining or laundering a uniform or apparel worn at the employer’s request, or for accidental breakage by the employee of property belonging to the employer (ss. 2 and 3 of the Labour Standards Wages Regulation).


Ontario
The provisions of Ontario’s Employment Standards Act, 2000 apply to domestic workers, which include persons employed by a householder to provide care, supervision or personal assistance to children, seniors or disabled members of the household.
Under the provisions regarding hours of work and rest periods (Part VII of the Act), domestic workers, like most other employees in the province, are normally entitled to minimum rest periods:
11 hours per day, eight hours between each shift and at least 24 consecutive hours every work week or at least 48 consecutive 连续hours in every period of at least two consecutive work weeks.
They are also entitled to an eating period of at least 30 minutes for every period of five consecutive hours of work. With the employee’s consent, this break may be divided and taken at two different times. The employer must also pay a domestic worker at the overtime wage rate after 44 hours of work in a week or, if the employee and employer agree, on the basis of the average number of hours worked in a given period (generally not to exceed four weeks). If the employee consents同意 , the employer may grant an hour and a half of compensatory time off for each overtime hour worked instead of payment in cash. This compensatory time off must be taken within the following three months or, if the employee agrees, during the following 12 months (s. 22). Lastly, the employer must provide the domestic worker with written particulars respecting the
hours of work and hourly rate of pay (s. 19, Ont. Reg. 285/01 Exemptions, Special Rules and Establishment of Minimum Wage Regulation).
Domestic workers are entitled to the minimum wage, currently $6.85 an hour. With regard to
deductions for room and board supplied by the employer, the wages of a domestic worker cannot be reduced to less than would have been received at the minimum wage rate less $2.55 per meal to a maximum of $53.55 per weekand $31.70 per week for a private room. (An employer
cannot deduct any amount from the wages of a domestic worker for a shared room.) These amounts cannot be deducted unless the employee has taken the meals provided and occupied the room. Moreover, no amount can be required for a room unless it is reasonably furnished and suitable for human habitation, supplied with clean bed linen and towels, and affords the employee reasonable access to a bathroom (s. 19 of the Regulation).
The other working conditions set out in the Act also apply to domestics, including paid public holidays, vacations with pay, maternity and parental leave, the payment of wages, notice of termination and severance pay. Furthermore, an employer cannot withhold or deduct part of an
employee’s wages for lost property without written consent; in no case can an amount be withheld if persons other than the employee had access to the property (s. 13 of the Act).





Appendix C Provincial and territorial employment standards
Contact list
If you have questions, difficulties or complaints regarding your employment as a live-in caregiver, you can call or visit the Labour or Employment Standards Branch for your province or territory.
The counsellors at these offices will answer questions you may have about your rights, and help you if you are having any work-related difficulty with your employer. Sometimes you will hear a pre-recorded message when you call these numbers. Just stay on the line and follow the directions that you receive. If the recorded message does not answer your question, a counsellor will eventually come on the line. These numbers are used frequently, and it may take more than
one try to get through. Be patient.
If you prefer, you can write to the office listed. Just write a letter indicating your question or concern and mail it to the address shown. Be sure to include your name and occupation (what you do) and how you can be reached (phone number and address). If it is important that you get assistance quickly, remember that calling is faster than writing. Do not hesitate to contact these people. They are here to help you. This is their job.
Alberta
Department of Labour
Employment Standards Branch
Main Floor, Sterling Place
9940106 Street
Edmonton, Alberta T5K 2N2
Toll free: 310-0000 then dial 403-427-3731 Fax: 403-427-8837
TDD/TDY: 1-800-232-7215
Web site: www.gov.ab.ca/hre/employmentstandards/
British Columbia
Ministry of Labour and Consumer Services
Employment Standards Branch
P.O. Box 9570
Stn. Prov. Govt.
Victoria, B.C. V8W 9K1
Toll free: 1-800-663-3316 Fax: 604-660-7047
Web site: www.labour.gov.bc.ca/esb/
Manitoba
Manitoba Labour
Employment Standards Branch
604401 York Avenue
Winnipeg, Manitoba R3C 0P8
Toll free (outside Winnipeg): 1-800-821-4307
Telephone (Winnipeg): 204-945-3352 Fax: 204-948-3046
Web site: www.gov.mb.ca/labour/standards/
New Brunswick
Department of Training and Employment Development
Employment Standards Branch
IP 04 Processing Live-in Caregivers in Canada
2008-04-24 31
P.O. Box 6000
Fredericton, N.B. E3B 5H1
Toll free: 1-888-452-2687 Fax: 506-453-3806
Web site: www.gnb.ca/0308/0001e.htm
Newfoundland
Department of Labour
Labour Standards Division
4th Floor, West Block
Confederation Bldg.
P.O. Box 8700
St. John’s, Nfld. A1B 4J6
Toll free: 1 877 563-1063 Fax: 709-729-5738
Northwest Territories
Department of Justice
Labour Services
Third Floor, Panda ll Mall
P.O. Box 1320
Yellowknife, N.T. X1A 2L9
Toll free: 1-888-700-5707 Fax: 403-873-0483
Nova Scotia
Department of Environment and Labour
Labour Standards Division
5151 Terminal Rd., 7th Floor
P.O. Box 697
Halifax, N.S. B3J 2T8
Toll free: 1-888-315-0110 Fax: 902-424-0503
Ontario
(Call either number below to ask for the address of the office closest to you.)
Ministry of Labour
Employment Standards Branch
Toll free: 1-800-531-5551 Fax: 416-326-6546
416-326-7160 (Greater Toronto area)
Prince Edward Island
Department of Community and Cultural Affairs
Labour and Industrial Relations
P.O. Box 2000
Charlottetown, Prince Edward Island C1A 7N8
Toll free: 1-800-333-4362 Fax: 902-368-5526
Web site: www.gov.pe.ca/commcul/lair-info/index.php3
Quebec
Commission des normes du travail
Hall est, 7e étage
400, boul. Jean-Lesage
IP 04 Processing Live-in Caregivers in Canada
2008-04-24 32
Québec (Québec) G1K 8W1
Toll free: 1-800-265-1414 Fax: 418-643-5132
Web site: http://www.cnt.gouv.qc.ca/en/index.asp

 

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回复: 想去加国做住家保姆

Appendix D Counselling fact sheet
Important Information for Live-in Caregivers
You must have a written employment contract signed by both you and your future employer. The contract defines your job duties, hours of work, salary and benefits, such as overtime. The contract also reinforces 说明your employer’s legal responsibilities to you. This requirement helps
provide a fair working arrangement between you and your employer, and provides both of you with a clear understanding of what is expected of you.
You should ask for a “pay slip” with each pay cheque that shows your deductions and net pay (pay after deductions).
If you are not happy with your job, you should tell your employer. A little flexibility on both sides is often enough to cause changes so that you are both happy. Some employers have waited a long time and may have paid agency fees to bring you to Canada. They will appreciate your honesty.
If you decide to change employers, you cannot begin work until you get a new work permit. Your
new employer needs to get approval 批准from a Human Resources Canada Centre before you can get your new work permit.
Even if you do not change employers, you need to renew your work permit every year. You should apply for an extension of your work permit in Canada at least two months in advance of the expiry date. This is your responsibility, not your employer’s.
Under no circumstances can an employer have you deported from Canada. Your employer has no authority to hold your passport.
You are authorized to work in Canada as a live-in caregiver only. If you work in any other job, even part-time work, you could be disqualified from the program and from getting permanent residence.
The total duration of all work permits added together should not exceed three years.
If you or someone else lied about your education, training or experience when you first applied in the Live-in Caregiver Program outside Canada, you could be disqualified from the program in Canada.
If you want to apply for permanent residence in Canada, you must:
work full time as a live-in caregiver for two years within three years after you arrive in Canada;
you, your spouse and your dependent children must pass medical, criminal and security checks and must not be going to an immigration inquiry (hearing) or be under an order to leave Canada. For
example, if you marry a refugee claimant in Canada, the status of your spouse could prevent you from getting landed;
you must live in your employer’s home or you cannot continue to work in the Live-in Caregiver Program, and you cannot apply for permanent residence.
If you plan to apply for permanent residence, you may wish to get original documents that show, in as much detail as possible, all of your education, training and experience before you leave your country. These documents could help you when you apply for work in Canada, or help you get into a program of study, after you become a permanent resident. It is often easier to get these documents while you are still in your home country.
If you had to get a temporary resident visa to come to Canada, you may have to get a new one if you leave Canada temporarily, on holidays, for example, unless you are visiting the United States.


Appendix E Live-in caregiver/domestic worker associations
Contact list
You can contact any of the following groups to get more information about your rights as a live-in caregiver in Canada. These groups can answer your questions about working conditions, employee-employer relations, changing jobs, job loss or abuse. They can also help you learn
more about your new community and how to meet people. You do not need your employer's permission to contact these groups.
West Coast Domestic Workers Association
119 Pender Street West, Suite 302
Vancouver, British Columbia V6B 1S5
Telephone: 604-669-4482 Fax: 604-669-6456
Web site: http://www.wcdwa.ca
e-mail: wcdwa@vcn.bc.ca
Philippine Women's Centre
Kalayaan Centre
451 Powell Street
Vancouver, British Columbia V6A 1G7
Telephone: 604-215-1103 Fax: 604-215-1103
Web site: http://pwc.bc.tripod.com
e-mail: pwc@attcanada.ca
Committee for Domestic Workers' and Caregivers' Rights
789 14th Street East
Vancouver, British Columbia V5P 1H9
Telephone: 604-874-0649 Fax: 604-874-0649
Association des aides familiales du Québec
1750, rue Saint André
Montreal, Quebec H2L 3T8
Telephone: 514-272-2670 Fax: 514-272-7156
e-mail: aafq@aafq.ca
Canadian Coalition for In-Home Care
12 Irwin Avenue
Toronto, Ontario M4Y 1K9
Telephone: 905-849-6520 Fax: 905-849-6921
Toronto Organization for Domestic Workers' Rights (Intercede)
234 Eglinton Avenue East, Suite 205
Toronto, Ontario M6G 1A5
Telephone: 416-483-4554 Fax: 416-483-9781
e-mail: cds@pofbwr.org

Immigrant Women of Saskatchewan, Regina Chapter
2248 Lorne Street
Regina, Saskatchewan S4P 2M7
Telephone: 306-359-6514 Fax: 306-522-9952
e-mail: iwsregina@accesscomm.ca
Calgary Immigrant Women's Association
75011th Street South West, Suite 300
Calgary, Alberta T2P 3E9
Telephone: 403-263-4414 Fax: 403-264-3914












Appendix F Live-in caregivers, working conditions by region

 

[盈婆婆]

回复: 想去加国做住家保姆

看了这些，我快死了。

 

[盈婆婆]

回复: 想去加国做住家保姆

list上proof of 2 yrs of.....
其中8
option c printout from ur date of entry into thr lcp
需要自己本人打电话
1800-9598281
要自己过去的记录
she or he会问你一些问题 确定是你本人（问题有sin卡号 名字地址等）
然后给你option c
寄到家里 大约时间是2个礼拜后

我也看到这段了，这段到底是什么，我没理解？？？入境纪录？

 

[jgcl]

回复: 想去加国做住家保姆

我也看到这段了，这段到底是什么，我没理解？？？入境纪录？

那是报税纪录，虽然有说是NOA的备份版本，但适用范围和效力比NOA要大。

 

[jasmine mimi]

回复: 想去加国做住家保姆

估计不可以.....另外,听说这里也很多还没结婚的老姑娘

你是说不可以跟这里的人结婚吗？哪有这样的法律啊！只要找到爱你而你又爱的，结不就得了！！！这里的老姑娘不结婚关我们啥事！

 

[carolhome]

回复: 想去加国做住家保姆

你是说不可以跟这里的人结婚吗？哪有这样的法律啊！只要找到爱你而你又爱的，结不就得了！！！这里的老姑娘不结婚关我们啥事！

绝对不是说不可以和这里的人结婚!!!

我是说,如果你想通过保姆这个方式来了这里之后,想结婚了就可以立即不做保姆就可以拿到身份,我觉得并不那么容易.

结婚移民也要时间的.在成功申请结婚移民之前你拿着的只是保姆签证,你可以做的合法工作只有住家保姆.你可以不做任何合法工作来等结婚移民.除非拿着的是其他签证.

还有我说这里很多老姑娘,确实是不怎么关你们的事,我只是想说个情况给你听,让你有个参考而已,息怒啊!!

我今天出去过得很开心的,我这个星期过生日,请了一伙好朋友去吃点心,然后又去朋友家吃火锅,我没几个星期的周末过得这么开心的. 我要说的就这些.

 

[lywen116]

回复: 想去加国做住家保姆

意思就是申请枫叶卡下来之前还要做保姆，因为从结婚到申请身份也需要一段时间，当然，比保姆快点。我认为嘛，可遇不可求，遇到合适的就结婚咯，没合适的就继续作保姆，我们都靠自己用这方式出去了，还怕啥呢

 

[jgcl]

回复: 想去加国做住家保姆

意思就是申请枫叶卡下来之前还要做保姆，因为从结婚到申请身份也需要一段时间，当然，比保姆快点。我认为嘛，可遇不可求，遇到合适的就结婚咯，没合适的就继续作保姆，我们都靠自己用这方式出去了，还怕啥呢

不管用什么渠道，只要和当地有身份的人（公民或者是移民）结了婚，就可以申请转为TRV和OWP，就等于不用再做保姆了。当然了，同时就必须开始境内申请夫妻团聚了。

 

[carolhome]

回复: 想去加国做住家保姆

不管用什么渠道，只要和当地有身份的人（公民或者是移民）结了婚，就可以申请转为TRV和OWP，就等于不用再做保姆了。当然了，同时就必须开始境内申请夫妻团聚了。

那就申请吧....

 

[nicy]

回复: 想去加国做住家保姆

看了这些，我快死了。

呵呵
我最近 也要自己再看看
国内的 无犯罪纪录
我的还没寄过来呢
还没开，派出所的打印机坏了
还得公正，需要时间
晕死

 

[nicy]

回复: 想去加国做住家保姆

我也看到这段了，这段到底是什么，我没理解？？？入境纪录？

简称opc
税务局给自己的报税的备份
大家都知opc

 

[nicy]

回复: 想去加国做住家保姆

那就申请吧....

哈哈
找到合适的对象 并不容易
还有 要证明不是假结婚

 

[nicy]

回复: 想去加国做住家保姆

绝对不是说不可以和这里的人结婚!!!

我是说,如果你想通过保姆这个方式来了这里之后,想结婚了就可以立即不做保姆就可以拿到身份,我觉得并不那么容易.

结婚移民也要时间的.在成功申请结婚移民之前你拿着的只是保姆签证,你可以做的合法工作只有住家保姆.你可以不做任何合法工作来等结婚移民.除非拿着的是其他签证.

还有我说这里很多老姑娘,确实是不怎么关你们的事,我只是想说个情况给你听,让你有个参考而已,息怒啊!!

我今天出去过得很开心的,我这个星期过生日,请了一伙好朋友去吃点心,然后又去朋友家吃火锅,我没几个星期的周末过得这么开心的. 我要说的就这些.

祝你生日快乐
要调整好自己的心态
不开心也要生活，忍吧
快使用双节棍

 

[盈婆婆]

回复: 想去加国做住家保姆

NICY，我比较奇怪，你为什么还要国内那段的无犯罪记录？不是出来前办过吗？从最后一次办到出境，只有几个月空格，难道也要补？不至于这么过份吧。
还有一个问题，我看你有个帖子写着，要体检，我看填表说明时，体检不可以提前做的，必须CIC打电话给你才可以做。你给我弄糊涂了。到底什么时候做？

 

[nicy]

回复: 想去加国做住家保姆

NICY，我比较奇怪，你为什么还要国内那段的无犯罪记录？不是出来前办过吗？从最后一次办到出境，只有几个月空格，难道也要补？不至于这么过份吧。
还有一个问题，我看你有个帖子写着，要体检，我看填表说明时，体检不可以提前做的，必须CIC打电话给你才可以做。你给我弄糊涂了。到底什么时候做？

那个无犯罪纪录,,我不想 补料,麻烦
还是一次办好的好

体检,红色标明,政府说 等他们通知再做

 

[明月秋思]

回复: 想去加国做住家保姆

我看到有一项如果在别的国家住上超过半年，就要提供那里的无犯罪记录证明，我以前在沙特呆过，那时没有开，有没有谁知道现在还能补吗，怎么补？要是开不到了怎么办呢？