Changes in In-Canada Medical Examination Procedures for Live-In Caregiver Program
Section 30 of the Immigration and Refugee Protection Regulations is amended by adding the following after subsection (2):
(2.1) A foreign national who has applied for permanent resident status and is a member of the live-in caregiver class is not required to submit to a medical examination under subsection (1).
Under this Regulation, the mandatory requirement for all live-in caregivers to complete a standard medical examination at the application for permanent residence stage is eliminated.
The medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver will now be assessed by medical officers overseas for excessive demand in anticipation of the applicant subsequently applying for Canadian permanent residence under the Live-in Caregiver Program. This change applies to:
- all new applications for a temporary work permit under the LCP received on or after April 1, 2010; and
- all instances where applications for a temporary work permit under the LCP and related medical examination have not already been reviewed.
The medical examination completed at the initial work permit/temporary residence stage will continue to screen for health conditions that would pose a risk to public health and safety.
If the officer determines that a medical examination is not required as part of the live-in caregiver’s application for Canadian permanent residence, then the officer will accept the result of the medical examination undertaken at the initial work permit/temporary residence stage as valid and record the medical requirement as met in the Case Processing Centre (CPC) system. If the officer determines that a medical examination is required as part of the live-in caregiver’s application for permanent residence, then the officer will:
- issue medical instructions to the applicant;
- consider the results subsequently provided by the medical officer in the Medical Notification (IMM 5365B); and
- record the outcome of the medical requirement accordingly as either met / not met in the CPC system.
In cases where an application for permanent residence from a live-in caregiver includes a medical examination, and it appears the result of the medical examination could negatively affect the outcome of that application, officers are encouraged to support the applicant in requesting consideration on humanitarian and compassionate grounds; Officers are encouraged to take a generous view of any such humanitarian and compassionate applications or written requests for consideration under humanitarian and compassionate provisions; and before rendering a negative decision on any such humanitarian and compassionate applications or written requests, officers are encouraged to ensure that every reasonable consideration has been given to supporting the application. This would likely include consultations with a manager and/or National Headquarters in advance of rendering a final decision.
The elimination of the second medical requirement for live-in caregivers to apply for permanent residency has been referred to as “Juana Tejada Law” in memory of a Filipino live-in caregiver who has been denied permanent residency twice after she was diagnosed with cancer. She asked for humanitarian considerations, got her residency and pleaded the government to make changes in the live-in caregiver program.
Mary Jone Causing Buchholtz