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Immigration and Refugee Protection Regulations

Version of section 113 from 2010-04-01 to 2017-05-04:

Marginal note:Permanent residence

  •  (1) A foreign national becomes a member of the live-in caregiver class if

    • (a) they have submitted an application to remain in Canada as a permanent resident;

    • (b) they are a temporary resident;

    • (c) they hold a work permit as a live-in caregiver;

    • (d) they entered Canada as a live-in caregiver and for at least two of the four years immediately following their entry or, alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years,

      • (i) resided in a private household in Canada, and

      • (ii) provided child care, senior home support care or care of a disabled person in that household without supervision;

    • (e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;

    • (f) they did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning their education, training or experience; and

    • (g) where they intend to reside in the Province of Quebec, the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

  • Marginal note:Calculation

    (2) For the purposes of paragraph (1)(d),

    • (a) the periods of two years and 3,900 hours may be in respect of more than one employer or household, but may not be in respect of more than one employer or household at a time; and

    • (b) the 3,900 hours are not to include more than 390 hours of overtime.

  • SOR/2004-167, s. 80(F)
  • SOR/2010-78, s. 2

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