On August 20th, Citizenship and Immigration Canada released Operational Bulletin 232 – Live-in Caregiver Program: Revised in Canada Medical Examination Procedures.
The revised instructions apply only to the live-in caregiver. Medical examinations for family members remain unchanged. It also does not affect the initial overseas examination to qualify for a work permit as a live-in caregiver.
The changes are a result of changes to the Immigration and Refugee Protection Regulations that came into force on April 1, 2010. Section 30(2) of the Regulations provide that:
(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).
However, while a medical examination is not required, an officer does have the discretion to order one. Operational Bulletin 232 specifies how this discretion should be exercised. The Bulletin states:
- Officers should only consider requesting that a live-in caregiver complete a medical examination as part of an application for permanent residence if the officer has reason to believe that the live-in caregiver has a health condition that is likely to endanger public health or safety.
- Should the officer believe that this is the case, then the officer shall consult with National Headquarters / Case Management Branch on the details of the case in question for consideration prior to requesting that the applicant complete a medical examination.
- Where a live-in caregiver has already completed a medical examination as part of their application for permanent residence, and is currently in the stages of procedural fairness correspondence based on a medical notification indicating inadmissibility due to excessive demand, then the officer should consider whether an exemption of the inadmissibility may be warranted on humanitarian and compassionate/public policy grounds.
- Should NHQ/CMB indicate that a live-in caregiver should complete a medical examination as part of their application for permanent residence, and the caregiver is subsequently found to be inadmissible on health grounds, then the applicant may choose to request consideration on humanitarian and compassionate/public policy grounds. Further consultation with NHQ/CMB will be undertaken prior to refusal of any such requests for consideration under humanitarian and compassionate/public policy provisions.