Extend or change your Live-In Caregiver Program work permit

If you’re already in Canada through the LCP and your employment situation changes, there are certain steps you may be able to take.

• Extend or change your work permit
• Apply for an open work permit at the same time as permanent residence
• Quit your job
• Situations of abuse
• What to do if you lose your job

Extend or change the conditions of your work permit

If you already have a work permit in the Live-In Caregiver Program, you can apply to

• extend your permit’s expiry date
• change the conditions listed on it

The conditions you can apply to change are your

• employer
• job location

You can change employers and stay in the LCP, as long as you and your new employer meet the requirements. Find out how you can change employers in the LCP.

The date your work permit expires is on the work permit. This is also the date that your temporary status in Canada expires. If your status expires, you must leave Canada. You should apply to extend or change the conditions of your current work permit at least 30 days before the expiry date.

If you apply before your work permit expires, you can legally stay in Canada until we process your application. This is called maintaining your status.

You can also continue to work under the same conditions of your original work permit until we process your new application.

If you applied to change the conditions of your work permit

You can’t start working for a new employer until you get your new work permit. However, you can keep working under the conditions on your original work permit.

We’ll let you know if we approve your application to change your permit.

If your work permit expires before you apply to extend or change it

You must apply

• to restore your status as a temporary resident in Canada
• for a new work permit

You must do this within 90 days of the expiry date on your current work permit. You also need to pay an extra fee to restore your status as a temporary resident in Canada. This means you must pay both the Restoration of Temporary Resident Status fee and the regular work permit fee.

You also need to submit a copy of your employer’s new Labour Market Impact Assessment with your work permit application. This is a document your employer must get from Service Canada before they can hire you.

Get your documents ready

If you will continue to work for the same employer, you must submit these documents with your application:

• a letter from your employer that
  • says you will keep working for them full time
  • lists the last day you will work for them
• a copy of an updated, or extended, employment contract signed by you and your employer
• an attestation of issuance of your Quebec Acceptance Certificate (CAQ), if you work in the province of Quebec

Apply to extend or change the conditions on your work permit

Apply for an open work permit at the same time as permanent residence

If you are applying for permanent residence through the LCP, you can also apply for an open work permit at the same time. An open work permit lets you work for any employer, doing any job you want, for the length of time listed on the permit.

Follow these steps to apply:

1. Find out if you are eligible

To be eligible for an open work permit, you must:

• submit your application for an open work permit and your application for permanent residence at the same time or
• have already applied for permanent residence under the Live-in Caregiver Program

You must have also:

• held valid work permits under the program for two years or more
• worked for at least 3,900 hours or two years as a live-in caregiver within four years since you arrived in Canada

2. Get the application package

The application package includes an instruction guide and all the forms you need to fill out to apply for your open work permit.

Read the package carefully before you complete the application. We will not refund the fees for processing your form. Make sure you are eligible for an open work permit under the Live-In Caregiver Program before you apply. You must also provide all the required documents. It may delay your application if information or documents are missing. Download and print the application package.

3. Pay your application fees

4. Submit your application

If you are also applying for permanent residence at the same time, send both applications in the same envelope, before your current work permit expires.

Make sure you include:

• your file number
• your full name
• your date of birth
• a letter explaining why you are applying for an open work permit

You must submit your application at least 30 days before your current work permit expires. You should also keep a copy of the entire application you submit.

Quit your job

Before quitting your job, you should try to solve your work problems by talking about them with your employer, unless there are problems of abuse. You and your employer can revise your contract once in a while to be sure it works for both of you.

Talk with your employer before taking any action to quit your job. If you decide to quit, give your employer enough time to find a replacement for you.

Check your contract to find out how much time you have agreed to give your employer. However, if you are in a situation where there is abuse, you should leave right away.

You will still need these documents from your employer:

• a record of any overtime hours you worked; and
• an ROE. The ROE indicates:
  • your reason for leaving
  • hours worked
  • gross earnings
  • any money paid or payable at the time you left your job.

Only your employer can get and complete the ROE. Your employer is legally responsible to give you an ROE and cannot refuse to do so. If you have difficulty getting your ROE, contact your local ESDC/SC centre and ask officials to contact your employer.

Keep your ROE in a safe place. It is your work record and can serve as proof that you have worked the necessary time to apply for permanent resident status.

For more information on finding a new live-in caregiver position and obtaining a new work permit, refer to:

• Changing jobs

Situations of abuse

If you feel that you have been a victim of abuse in your workplace, you may be eligible for the emergency processing of a new Live-in Caregiver Program work permit to help you transition to a new employer as quickly as possible.

Contact the Call Centre to confirm the eligibility and application requirements for emergency processing of live-in caregiver work permits.

What to do if you lose your job

If you lose your job and need to apply for Employment Insurance benefits, contact the ESDC/SC centre nearest you. You will need your ROE to collect these benefits.

If you have not yet received your ROE, you can still apply for EI. Your employer is legally responsible to give you an ROE and cannot refuse to do so. If you have difficulty getting your ROE, contact your local ESDC/SC centre and ask officials to contact your employer.

Keep your ROE in a safe place. It is your work record and can serve as proof that you have worked the necessary time to apply for permanent resident status.

You will be expected to find a new employer as soon as possible. For more information on finding a new employer and obtaining a new work permit, see:

• Changing jobs

Periods of unemployment will delay the date on which you can apply for permanent resident status.

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