Caring for my aunt

Published in the Jamaica Gleaner: February 26, 2013

Dear Miss Powell,

My aunt, who is a Canadian citizen, is very sick, and I would like to get a visa for my cousin to come and take care of her for me as I work full time and can no longer manage on my own. My aunt will not go into a nursing home, and I prefer to use a family member and someone who actually loves and cares for her. Can I bring up my cousin under the domestic helper programme?

- DG

Dear DG,

You or your aunt can sponsor your cousin to come to Canada if you are able to meet certain requirements.

In a recent article I wrote about ways to sponsor a family member under the Family Class Category. If your cousin is not able to qualify under that category, you may hire your cousin as a temporary foreign worker under the Live-In Caregiver Programme.

To qualify under this programme, your aunt must meet certain basic requirements. Some are:

1.Be over 65 years old or have a diagnosed disability or able to demonstrate to Citizenship and Immigration Canada (CIC) that there is a special need for live-in-care.

2. Be able to pay for care based on a minimum of 30 hours per week.

3. Be able to provide suitable accommodation within your home to meet the standards set by CIC and Human Resources and Skills Development Canada (HRSDC)/Service Canada for the live-in caregiver programme.

Your aunt, as the prospective employer, will also need to have proof of efforts made to locate a suitable helper/caregiver in Canada before she submits an application for labour market opinion (LMO). She will need to get a positive labour market opinion from HRSDC. To do this, she will need to demonstrate that she cannot find suitable Canadians or permanent residents to fill the job, and that hiring your cousin would not have a negative effect on the Canadian job market.

If you are successful in obtaining a positive labour-market opinion, you must send the written confirmation to your cousin along with a contract of employment. Your cousin will then need to submit that application in Jamaica and be able to pass the CIC screening there.

Your cousin will need to demonstrate that she is eligible and admissible. This means that she will need to submit proof of:

1. Education - a minimum of successful completion of the equivalent of a Canadian secondary school, along with at least six months of full-time classroom training as a caregiver or nurse's aid, nurse, or other related training. The training must be from a certified and recognised educational body.

2. Work experience - minimum of six months continuous employment with one employer within the last three years, in a related field or occupation.

3. Language - ability to speak, read, and write English and/or French.

4. Medical - pass medical examinations.

5. Criminal - pass security and criminal clearances.

If your cousin is approved, an immigration officer will issue her a permit to be able to travel and work in Canada. It will set out the conditions of her stay and how long she may continue to work in Canada. Ensure that she does not breach the terms and conditions. She may be able to apply for permanent residence at the end of her work permit.

I would recommend that you contact a lawyer to assist you with the application and to explain how she can renew the permit or become a permanent resident at the end of the period granted.

Best of luck to you and your family!

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 Immigration, Real Estate, Commercial, Personal Injury, Family and Administration of Estates. Email: info@deidrepowell.com. Subject line: Immigration or F. 613.695.8778

How can I get my cousin to Canada?