Changes in the New Caregiver Program

Old Caregiver Program drawbacks

• The old program was employer-driven and employer-specific means if an employer was facing labour shortage of qualified caregivers in Canada they could hire a qualified caregiver from outside of Canada but the employer had to undergo the process of Labour Market Impact Assessment (LMIA) and the caregiver was bound to work for the same employer. Although there was a provision that 2 employers could jointly hire a caregiver if for some reason caregiver had lost his/her job with either or both employers or had to change an employer he/she would only be allowed if the new employer had already obtained the new labour market impact assessment. In that case, the caregiver needed to apply for a new work permit as the employer was named on a work permit.
• Secondly, the caregiver could only come to Canada alone to perform his/her job duties as a Caregiver and was not allowed to bring his/her dependent spouse and dependent children with him/her. The dependents could apply for their respective Open Work Permit, Study Permit, or Visit Visa once the caregiver had applied the permanent residence application and received Approval in Principle AIP on his/her permanent residence application. The dependent could not apply along with the caregiver or could not join during his/her time on a work permit.

New Caregiver Program Features

• In the new caregiver pilot immigration program the caregiver program is no longer employer-specific although it is still employer-driven; meaning caregivers still need Canadian employers to hire them but now employers are not required to undergo the LMIA process to hire a caregiver.
• Now rather than employer-specific the profession is declared as occupation-specific, which means caregivers are not bound to work for that specific employer or location once they receive their work permits and are free to work for any or as many employers or locations as they want or able to find but with the same National Occupation Classification Code.

For example, a caregiver has obtained a work permit under NOC 4411 under Home Child Care Provider (HCCP) program; he/she can work with multiple employers in the same NOC and similarly if a caregiver obtained a work permit under NOC 4412 Home Support Work Pilot (HSWP) for the caring of patients or elderly with medical needs; he/she can work with multiple employers in the same NOC to qualify for permanent residence of Canada.

• In the new caregiver program, the whole family like spouses and children can come to Canada alongside the principal applicant even at the work permit stage and later can be part of the application for permanent residence; whilst living in Canada.

The new Caregivers give great flexibility in terms of changing the jobs quickly and removing the barriers that restraints the dependent family members of the caregiver from coming to Canada along with the caregivers.

The new caregiver program offers more security and confidence to caregivers as in the old program most of the caregivers could not qualify or they lack qualification criteria for permanent residence with the rapid changes in old caregiver programs from live-in Caregiver to Home Caregiver interim pathways etc. In the old program a large number of caregivers who started working with their Canadian employers or families in Canada, had found out later that they do not qualify for permanent residence under current programs, and/or the program under which they were qualified for PR is no longer valid.

HCCP & HSWP Eligibility Requirements:

The new pilots will only provide work permits to applicants who have a job offer in Canada along with meeting the following criteria:

1. Have language test results with a Canadian Language Benchmark (CLB) of 5 in English/French.
2. The applicant has one year of Canadian post-secondary education or has an equivalent foreign education.
3. The applicant is admissible to Canada.

Caregivers who are already working in Canada can also apply for permanent residence. Also, caregivers who are working in Canada with Canadian employers under the National Occupational Classification (NOC) 4411 are eligible to apply for permanent residence through the Home Child Care Provider Pilot. Similarly, Caregivers with work experience under NOC 4412 can also apply for permanent residence through the Home Support Worker Pilot.

A) Home Child Care Program

This program is a five-year program that allows caregivers to migrate to Canada along with family members. This program will allow caregivers to eventually become permanent residents in Canada. For applicants to be eligible for the Home Child Care Program they must have a job offer as Caregivers or have working experience in Canada. The applicant must have qualifying work experience according to the National Occupational Classification (NOC). The applicant must have 1 year of full-time experience as:

• Home Child Care Provider – NOC 4411 (experience as a foster parent is not applicable)
• Home Support Worker-NOC 4412 (experience as a housekeeper is not applicable)

Some exclusions include child care workers – day-care (in 4214 Early childhood educators and assistants) & the Live-in caregivers for seniors and persons with disabilities (in 4412 Home support workers, housekeepers, and related occupations)

A Home Child Care Provider can be anyone providing care to children in a home including:

• Babysitter
• Nanny
• Child-care live in
• Child-care provider in a private home.
• A parent’s helper.

Job Requirements:

To qualify as a Home Child Care Provider (HCCP), the caregiver needs to meet the following requirements:

• The provider must have completed at least the Canadian Secondary School equivalent education.
• The care provider must complete the appropriate training.
• Have appropriate experience, including household management experience.
• In some cases, first aid certification and cardiopulmonary resuscitation (CPR) training may also be required.

Job Duties:

A Home Child Care Provider may have the following duties:

• Supervise and take care of children at their residence.
• Prepare and feed meals to children.
• Take care of infants by preparing formulas, changing diapers bathing, and dressing them.
• Make sure the child’s emotional well-being is being taken care of along with their social development.
• Maintain discipline as instructed by the parents.
• Provide educational training to the children. Take them to school if required.
• Keep records of the children’s activities.

B) Home Support Workers, housekeepers & related occupations

This program is for professionals who have experience in providing care for senior citizens, people with disabilities, and people recovering from illness or undergoing medical treatment. This program falls under the NOC 4412. It is a category that requires Care to be provided at the employer’s residence and allows the caregiver to reside within the employer’s home. Employment in this category is done by home care and support agencies, private households or can be self-employed. For housekeepers, all types of house management duties will be required.

Professionals under this category may be any of the following:

• Family caregivers
• Home support worker
• Attendant for people with disabilities
• Live-in caregiver for seniors
• Respite worker
• Housekeeper
• Personal aide as a home support

Job Requirements:

To qualify as a Home Support Worker Pilot, the following requirements must be met:

• The provider must have completed at least secondary school.
• Experience in house management.
• Have completed college or other courses in, home support.
• In some cases, first aid certification may also be required.
• Training in care for the elderly, people with disabilities, and convalescent care.

Job Duties:

A home support worker/housekeeper may have the following duties:

• Provide care/companionship for families/individuals during convalescence and medical treatment.
• Bathe take care of personal hygiene, dress & undress and provide ambulation to the individual.
• Prepare meals and special diets. Ensure the client is being fed according to their needs.
• Perform routine health-related duties.
• Collect medications or specimens under the direction of the household/home care agency/nurse etc.
• Housekeeping management may include duties such as laundry, washing dishes, making beds, etc.
• Housekeepers may have to perform house management duties which may also include preparing meals, serving meals, doing dishes, laundry, and taking care of children if required.

How the New Caregiver application process works

Under the new caregiver program, the caregivers will be scrutinized for their permanent residence applications as well before they will be able to get the work permit to work with their Canadian employers as Home Child Care Provider or as Home Support Worker.

Caregivers will receive the decision on their work permit applications in around 10-12 months while their PR applications will be held until they complete their 2 years of work experience with the Canadian employer(s). The caregiver who is already in Canada on old live-in Caregiver or Home Caregiver programs can also apply to convert into this new program or either they can file for the permanent residence application provided they meet the PR requirements of the new caregiver program.

The new caregiver program certainly will put the caregivers at ease as it will address this issue, as the Caregivers will now have an opportunity to live in Canada permanently. The applications will be processed through the Home Child Care Provider Pilot or the Home Support Worker Pilot in replacement to the Caring for Children & Caring for People with High Medical Needs.

The new caregiver program has 2 simultaneous applications at the same time:

1. Application for work permit of caregiver and if applicable dependent spouse open work permit and study permit(s) or visitor visa(s) of dependent children (if applicable)
2. Permanent Residence application for the whole family.

Eligibility Criteria for New Caregiver Pilot Program

To qualify for a work permit and permanent residence under Home Child Care Provide HCCP or Home Support Worker Pilot HSWP the following conditions need to be met:

• The applicant should have a valid full-time job offer from a Canadian employer (a private home where the care will be provided to a child or children or high medical needs patent(s).
• Applicants should have a valid one-year verifiable experience in the same discipline under which they are applying i.e. under HCCP or HSWP.
• Have language test results with a Canadian Language Benchmark (CLB) of 5 in English/French.
• The applicant has one year of Canadian post-secondary education or has an equivalent foreign education.
• The applicant is admissible to Canada.

As soon as the applicant will receive a work permit, they will be allowed to:

1. Come to Canada and work on an interim basis.
2. Work only in specific occupations (mostly related to Caregiving and support).
3. Work without a Labour Market Impact Assessment LMIA.
4. Be able to gather 2 years of work experience as needed to finalize their already applied permanent residence application. In case the applicant has partial previous work experience as a Caregiver, Child Care Provider, or Support Worker in Canada, their experience will be added on for eligibility for permanent residence.

Further following conditions should be met for the processing of their PR application:

1. Should not be inadmissible on both medical and security or background checks and meet a certain set of eligibility requirements.
2. Should have gained 2 years of Canadian work experience with Canadian employer on a valid work permit, in the same discipline as was their original work permit.

How to Hire a Home Child Care Provider or Home Support Worker:

All employers who wish to hire caregivers from overseas must do so through one of the above-mentioned programs. All applications that have been submitted through the Temporary Foreign Worker Program on and after June 18, 2019, are no longer applicable. In case an employer wants to hire a caregiver within Canada can do so by either the Temporary Foreign Worker Program, Live-in Caregiver program, or the home child care provider and support programs. The following steps have to be taken to hire a caregiver through the above-mentioned pilots:

1. Find a caregiver:

The employer can find a caregiver within or out of Canada. Once the employer has found a suitable caregiver, they will ask them to apply for one of the pilots.

2. Check the caregiver’s eligibility:

The employer must make sure that the candidate fulfills all eligibility criteria before being hired. The eligibility criteria include the candidate having sufficient experience according to the NOC, meets language requirements and has a Canadian post-secondary diploma/educational credential assessment report or equivalent.

3. Make an offer of employment:

To make an offer of employment the employer will need to download an offer of employment, fill it out and sign it. The employee will also be required to sign it. Both the employer and employee will keep a copy to themselves. This may be used as a supporting document when the application will be filed.

4. Have the employee file for a work permit and PR application:

Once the employee receives their offer of employment, they will be required to apply for their permanent residence through one of the pilots; Home Child Care Provider or Home Support Worker pilot. Along with this, the employee will also file a work permit application. This application can take up to 12 months to be processed thus the employer must plan before hiring a caregiver. The work permit will be eligible for 3 years.

Temporary Work options for Caregivers:

In case an already in Canada caregiver does NOT meet the requirements for permanent residence as a Caregiver under the new caregiver permanent residence program, they do have the option to be able to work on an interim basis. If the applicant is currently working in Canada and wishes to extend their work permit they may do so through the Temporary Foreign Worker Program (TFWP) however, the applicant will need a positive Labor Market Impact Assessment (LMIA) provided by the employer.

New Work Permit:

As of June 18, 2019, NO new work permit applications will be processed for Caregivers applying:

1. Outside of Canada.
2. Through the TFWP.
3. To work outside of Quebec
4. LMIA applied after June 18, 2019.

Therefore, within Canada applicants may apply for an interim work permit as caregivers through the TFWP if they meet the following conditions:

1. The applicant is in Canada and is eligible to apply for a work permit from within Canada.
2. The applicant is outside of Canada, but their employer applied for an LMIA BEFORE June 18, 2019.
3. The applicant will be working in Quebec.

Extending the Work Permit:

In case a caregiver is already working in Canada and wishes to extend their work permit they may do so through the Temporary Foreign Worker Program (TFWP).

NOTE:

This is only eligible if the caregiver is already in Canada or if the caregiver’s employer applied for an LMIA before June 18, 2019. It is also eligible if the caregiver is working in Quebec.

Live-in Caregiver Program:

This program is closed to new applicants. The applicants can apply for permanent residence through the Live-in Care Program ONLY if:

1. The applicant has at least 2 years of work experience as a Caregiver.
2. The applicant is already working with a work permit with the Live-in Caregiver Program.
3. The applicant has an approved Live-in Caregiver Program work permit with an LMIA submitted BEFORE November 30, 2014.

In case the applicant has sufficient work experience in Canada but does not meet any of the above requirements they can choose another program to immigrate to Canada.

Closed Caregiver Programs:

The following programs are no longer accepting applications:

1. Caring for People with High Medical Needs Program:

This program is no longer accepting applications as of June 18, 2019. In case the applicant has submitted their application before the stated date, their application will be processed. The applicant may also be eligible for the Home Support Worker Pilot if they have sufficient work experience in Canada.

2. Caring for Children Program:

This program is no longer accepting applications as of June 18, 2019. The applications only submitted before this date will be further processed. The applicant also has the option to apply through the Home Child Care Provider Pilot.

3. The Interim Pathway for Caregivers:

This program is no longer accepting applications as of October 18, 2019. The application will only be processed if it was submitted before this date.

The Interim Pathway for Caregivers Extended:

The IRCC has announced it will reopen its Interim Pathway for Caregivers to new applicants for three months starting from July. Work experience for such a category must match according to the National Occupational Classification Group (NOC) 4411 or 4412.

New Caregiver Program Processing Time:

According to the IRCC, there is a standard 12-month processing time for work permits. Permanent residence applications may take up to 6 months for processing if the applicant has sufficient work experience.