ARCHIVED – Operational Bulletins 071 – August 5, 2008
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Live-in Caregiver Program Applicants and Official Languages
Background
Citizenship and Immigration Canada established the Live-in Caregiver Program (LCP) to meet a labour market shortage.
When rendering decisions on LCP applications, paragraph 112(d) of the Immigration and Refugee Protection Regulations (IRPR) is used along with the Overseas Processing Manual, Chapter 14 – Section 5.6, which provides additional guidelines with respect to applying this regulation. It has been determined that an inconsistency may develop between the interpretation of R112(d) and OP 14, Section 5.6 (PDF, 463.58KB), and CIC’s obligation to support official-language minority communities in Canada, pursuant to the Immigration and Refugee Protection Act and the Official Languages Act. This may be an issue when assessing an applicant’s ability to function independently in an unsupervised setting; specifically when the applicant speaks one of the official languages, but not that of the majority in the community to which the applicant is destined.
Because these concerns have been raised, the policy intent of R112(d) requires further clarification. While this clarification is being finalized, missions overseas, who have received an LCP application from a client who may be affected, should relay the details of the case to International Region via e-mail to Nat-Operational-RIM@cic.gc.ca. International Region will consult with Case Management Branch as well as Operational Management and Coordination Branch, so that guidance to the visa office can be provided.
Implementation
This procedure is effective immediately and will cease when a clarification in the policy is made.