Frequently Asked Questions

Frequently Asked Questions
1. My employers are getting a divorce. Who should I work for? Where do I continue to live?
The first step is to check your Labour Market Opinion (‘LMO’) and Work Permit (‘WP’) and see whose
name is on those documents. You are legally only entitled to work for the employer listed on the WP. If
both the employers are listed on the work permit, then you may continue to work for both of them.
However, if both the employers are not listed on the WP, then your employers need to apply for a new
LMO with both their names on it and you need to apply for a new WP with both their names on it.
Post divorce, the custody agreement may be split between the two parents, but you are only authorized
to work 40 hours per week. It is advisable to establish a new work schedule with your employers to
ensure you are not working overtime without adequate pay.
2. My employer is making me work overtime and not paying me for those hours. What do I do?
If your employer is not paying you for your overtime hours, you may send him or her a ‘Demand Letter’
demanding the amount you are owed. We can help you draft one if you are unsure of the wording. If
your employer still refuses to pay, you can file a complaint at the Employment Standards Branch (ESB)
within six months from the last day of employment. Please know that ESB complaints will not impact
your immigration status. The department will help you recover money you are rightfully owed.
You will be required to provide evidence at ESB about your overtime hours. You will need to have your
hours (including overtime) documented in writing. It is always advisable to keep an employment journal
that you can present to establish your claim.
Feel free to give us a call and schedule an appointment to speak with us about your options. We are
here to help.
3. My employer is not paying me any wages but he is remitting my ‘taxes’ to the Canada
Revenue Agency. Is this legal?
It is illegal to not pay an employee and remit taxes to the Canada Revenue Agency (‘CRA’).
An employer who remits ‘taxes’ to the CRA but is not paying any wages to the employee is making a
fraudulent report. You can file an anonymous complaint with the CRA, that is, you do not have to reveal
your name when you file this complaint. If your employer refuses to pay, then you may send him or her
a ‘Demand Letter’ demanding the amount you are owed. We can help you draft one if you are unsure of
the wording. If your employer still refuses to pay, you can file an employment standards complaint at
the Employment Standards Branch within six months of the last day of employment. Please know that
ESB complaints will not impact your immigration status. The department will help you recover money
you are rightfully owed.
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4. I lied on my initial work permit application about not having a spouse, but in reality, we were
married when I moved to Canada. Now I want to sponsor my husband. What do I do?
It is important that live-in caregivers avoid misrepresenting on their immigration applications. Under
the Immigration and Refugee Protection Act, misrepresentation is defined as “directly or indirectly
making false statements, lying, or withholding important information on an application, or in
communications with Canadian immigration officials”. According to this broad definition, your lie on
your work permit application is a misrepresentation which is a ground of inadmissibility. A finding of
inadmissibility means that CIC has the right to deny you entry into Canada or the right to remain in
Canada. In addition, you will not be able to include your spouse in your PR application if you did not
mention him or her in your initial work permit application.
In the future, to avoid making a misrepresentation, you and your family members should always make
full and honest disclosure on all your applications and communications with CIC.
5. My husband was divorced when we first got married. He has children with his first wife. Do I
need to declare his first wife and their children in my PR application?
You and your family members should always make full and honest disclosure on all your applications
and communications with CIC. You need to point out that he has been divorced and declare your
children (whether adopted or biological), including your step children in your PR application.
6.
I completed my 24 months requirement for the LCP and have filed for permanent residence.
What do I do now?
As of December 2011, if you have completed your obligations under the Live-In Caregiver Program
(‘LCP’) program and have submitted an application for Permanent Residency (‘PR’), you are eligible to
receive an open work permit. You can apply for your open work permit with your PR application. The
open work permit will allow you to seek jobs in other fields.
Please keep in mind that you absolutely must file an application for a work permit or open work permit
if you plan to stay in Canada. Simply submitting a PR application does not give you status in Canada and
lack of status for the duration of the processing can result in your PR application being denied.
Work permit application [IMM 5710] can be retrieved from the following URL:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5710E.pdf
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7. I have a valid work permit. Can I leave Canada to visit my home country whenever I want or
do I need another document?
Even if you have a valid work permit, you must obtain a Temporary Resident Visa (‘TRV’) to re-enter
Canada and continue working. Without a TRV, a caregiver will not be allowed to re-enter Canada.
Caregivers who are from a visa-exempt country such as the United Kingdom, Japan, or the United States
do not have to obtain a TRV.
The full list of visa-exempt countries can be found at
http://www.cic.gc.ca/english/visit/visas.asp#exemptions.
The full list of countries that are not visa-exempt can be found at
http://www.cic.gc.ca/english/visit/visas.asp.
There is a difference between a TRV and a Work Permit. The difference is that a work permit only allows
a caregiver to stay and work in Canada. A TRV allows a caregiver to enter Canada. You should apply for a
TRV before leaving Canada and allow time to have your application processed.
You can submit your application IMM 5257 to the Ottawa office. The application form can be retrieved
at the following URL: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5257E.PDF. Include the
document check list [IMM5721] to ensure that you include all relevant documents to ensure efficient
processing. Document checklist can be retrieved at the following URL:
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5721E.PDF.
Among the documents you need to include is a letter from the employer. It should include the following
details:
- You plan to resume work when you return
- The month you started
- Your salary, hours of work, list of chores/ responsibilities
Here are some other matters you need to address before you leave:
- Check your passport validity- Your passport must be valid for 12 months.
- Your work permit must be valid for at least 6 months
If you are traveling with family members, you must obtain a TRV for each family member. Each family
member needs to complete his or her own TRV application IMM5257 which can be submitted together
with your application. In addition to the TRV forms, the Family Information form (IMM 5645) and
Schedule 1 - Application for Temporary Resident Visa form (IMM 5257) must be completed and included
with the application. The forms are available online at
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5645E.PDF, and
http://www.cic.gc.ca/english/pdf/kits/forms/IMM5257B_1.PDF.
Your application can be mailed to: CPP – Ottawa
P. O. Box 9640
Ottawa, ON, K1G 6T2
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