How do I get my cousin here? - News - Jamaica Gleaner - Tuesday | October 21, 2014

How do I get my cousin here? - News - Jamaica Gleaner - Tuesday | October 21, 2014

Dear Ms Powell,

I would like to know how I can sponsor one of my cousins to come to Canada. Can I sponsor her under the live-in caregiver programme? Can you suggest the best way to get her here?

- BB

Dear BB,

As a general rule, you cannot apply to sponsor your cousin to come to Canada under the family class. The only way you would be permitted is if you have no other relatives living in Canada and also have no other closely related family member such as parents, grandparents, siblings or aunts/uncles whom you could sponsor.

The live-in caregiver programme in Canada is meant for individuals who are qualified to provide personal care for children, elderly persons or persons with disabilities in private homes without supervision. As a general rule, the caregiver must live in the private home where they work and, therefore, you must be prepared to provide suitable accommodation.

To sponsor your cousin, both you and your cousin would need to satisfy the requirements set by Citizenship and Immigration Canada (CIC) such as:

Caregiver must:

1. Have a minimum of the equivalent of Canadian Secondary School Education. That is, completion of at least grade 12.

2. Have at least six months training from a recognised institution in the related field.

3. Have at least one year full-time paid work experience as a caregiver or in a related field or occupation (including six months with one employer) in the past three years.

4. Provide copies of certification such as high school diploma, certificate, degrees.

5. Provide details about your background, marital status, number of children you have.

6. Good knowledge of English or French.

7. Valid passport.

8. Provide fingerprint and photograph to the visa application centre.

9. Pass medical and police checks.

10. Pay the required fee for processing your application.

Employer must:

1. Be a citizen or permanent resident;

2. Have a genuine need for live-in care;

3. Have a valid positive labour market impact assessment ( LMIA)  report from Employment and Social Development Canada/Service Canada; (ESDC/SC)

4. Provide proof of workplace safety insurance;

5. Provide a contract of employment with specific terms and conditions which outlines information such as provision of transportation from home country to Canada, medical insurance coverage, wage, provision of lodging, hours of work, holiday and sick leave, termination and resignation terms.

If you or your cousin are unable to meet the requirements to apply under the family class or live-in caregiver programme based on the information above, you should consider speaking with an immigration lawyer and provide more detailed information about your cousin's education, background, experience and qualification, to see if your cousin meets the requirements under other programmes such as the federal skilled worker programme, the Canadian experience class, the federal skilled trades, or through the various provincial nominee programmes. You may also check on the possibilities of her furthering her studies in Canada.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with office located in Ottawa, Ontario. Her areas of practice are in immigration, personal injury, real estate, commercial, family, and administration of estates. She is on the roster of mediators for Ottawa, Toronto, and the Dispute Resolution Foundation of Jamaica. Submit your questions and comments to: Email: info@deidrepowell.com . Subject line: Immigration. Facebook: jamaicanlawyer Tel: 613-695-8777.