Changes to the Live-in Caregiver Program
Posted by admin on 22 Dec 2009 | Tagged as: Caregiver, Live-In Caregiver, Live-in Caregiver Program, Nanny Services
The official newspaper of the Government of Canada, “Canada Gazette”, published “Regulations Amending the Immigration and Refugee Protection Regulations” with changes to the Live-in Caregiver Program:
It is proposed that all live-in caregivers no longer be required to complete a medical examination when they apply for permanent
residence. Instead, the medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver
would be assessed for excessive demand in anticipation of the applicant applying for permanent residence under the LCP
rather than just for temporary residence.
By eliminating one of the two medical examinations and requiring that live-in caregivers, at the time of their application for a work permit, be assessed with a long-term view in anticipation of their application for PR status under the LCP, administrative processes would be streamlined and cost savings for live-in caregivers could be achieved. The examination at the work permit/temporary resident stage would continue to screen for infectious disease and the chance of contracting such a disease after arriving in Canada would be minimal.
REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS
1. Section 30 of the Immigration and Refugee Protection Regulations1 is amended by adding the following after subsection (2):
Exception (2.1) A foreign national who has applied for permanent resident status and is a member of the live-in caregiver class is not required to submit to a medical examination under subsection (1).
2. (1) The portion of paragraph 113(1)(d) of the Regulations before subparagraph (i) is replaced by the following:
(d) they entered Canada as a live-in caregiver
and for at least two of the four years immediately
following their entry or, alternatively, for at least
3,900 hours during a period of not less than
22 months in those four years,
(2) Subsection 113(2) of the Regulations is replaced
by the following:
Calculation (2) For the purposes of paragraph (1)(d),
(a) the periods of two years and 3,900 hours may
be in respect of more than one employer or
household, but may not be in respect of more
than one employer or household at a time; and
(b) the 3,900 hours are not to include more than
390 hours of overtime.
For more info go to http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-19/pdf/g1-14351.pdf.
