Home caregiver classes amended

Summary#

The federal government issued changes to the rules for the Home Child Care Provider Class and the Home Support Worker Class under the Immigration and Refugee Protection Act. The changes tighten and clarify who counts as having the required work experience (mainly around 12 months and 36 months) and redefine the special caregiver work permits. They take effect on April 30, 2023 and apply to applications already waiting and new ones.

What it does#

• Redefines the terms home child care work permit and home support work permit to mean a work permit issued after, and in connection with, a permanent‑residence application in the relevant caregiver class that allows the person to work in an eligible job.
• Requires that, when applying with less than 12 months of full‑time Canadian experience, the application must generally be made by a single Canadian employer who has a Canada Revenue Agency business number and is not a business, embassy, high commission, consulate or certain other excluded employers.
• Requires applicants to show they have at least 12 months of full‑time work in an eligible occupation within the 36 months before the date they prove that experience.
• Adds an exemption: people who already completed 12 months or more of eligible full‑time work in Canada before getting their caregiver work permit (but not more than 36 months before applying) do not have to meet some employer‑related requirements.
• Clarifies that qualifying work must have been authorized by a valid work permit, the regulations, or a specified exemption.
• Adds a timing rule saying applicants must meet the work requirement within 36 months of the department’s initial notice or within 36 months of issuance of the caregiver work permit, as applicable.

Who's affected#

• Foreign nationals applying for permanent residence under the Home Child Care Provider Class or the Home Support Worker Class.
• Canadian households or employers who hire these caregivers — especially those who are single, private employers with a Canada Revenue Agency business number.
• Immigration advisors and lawyers who help caregiver applicants.
• The changes apply to new applications and to those already pending on April 30, 2023.

Why it matters#

• The rules affect who qualifies for caregiver permanent residence by changing what counts as eligible work and when that work must have happened.
• Some caregivers who did qualifying work before getting a caregiver work permit may now be exempt from certain employer requirements; that could make it easier for them to apply.
• The explicit time limits (the 12‑month and 36‑month windows) and the requirement that work be authorized aim to reduce uncertainty about past work and to limit how old qualifying experience can be.
• Because the changes apply to pending files, people already in the system could see their applications assessed under the new rules.