Part IPublic NoticeVolume 157, Number 17Published: April 29, 2023
Home caregiver permanent residence changes
Canada Gazette, Part I, Volume 157, Number 17: GOVERNMENT NOTICES
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
Key facts
- Published
- April 29, 2023
- Comment deadline
- Unclear
- Effective date
- April 30, 2023
Summary#
These are changes to how people in the Home Child Care Provider Class and the Home Support Worker Class can apply for permanent residence. The rules, issued under the Immigration and Refugee Protection Act and signed by Sean Fraser on April 14, 2023, take effect on April 30, 2023 and apply to new and pending applications.
What it does#
- Clarifies what a home child care work permit and a home support work permit are: each must be issued in connection with an application for permanent residence in the relevant class and must authorize work in an eligible job.
- Changes how work experience is counted:
- Applicants must show they gained at least 12 months of full‑time work in an eligible occupation within the 36 months before the date they show that experience.
- Work experience must have been authorized by a work permit, the Regulations, or specific exemptions.
- Tightens the employer rule for some applicants with less than 12 months of experience: an application made before reaching 12 months of experience must be submitted by a single Canadian employer that has a Canada Revenue Agency business number and is not a business, embassy, high commission, consulate, or another specifically excluded employer.
- Adds an exemption: if an applicant already accumulated 12 months or more of eligible full‑time experience before getting a related home care work permit — and that experience was within the prior 36 months — they do not need to meet certain employer-related requirements.
- Adds a time limit for proving the required work experience: applicants must demonstrate they met the work requirements within 36 months of either receiving a notice that an initial assessment was done or the issuance of a home care work permit, as applicable.
- Confirms these instructions apply to all applications, including those pending on April 30, 2023.
Who's affected#
- Foreign nationals applying for permanent residence under the Home Child Care Provider Class and the Home Support Worker Class.
- Employers who sponsor or file on behalf of applicants — especially those who must be a single Canadian employer with a Canada Revenue Agency business number.
- Families, households, care agencies, and others who hire live‑in child care providers or home support workers may notice the change when arranging applications.
- Immigration representatives and service providers who help caregivers prepare and document their work history.
Why it matters#
- The changes make the rules clearer about what counts as authorized work and how recent that work must be (12 months within 36 months). That affects who qualifies for permanent residence under these caregiver programs.
- The employer requirement could exclude some kinds of employers from filing certain applications, which may change how caregivers and families organize hiring and paperwork.
- The new 36‑month deadlines mean applicants need to keep clear records and act within the stated time windows. The changes also immediately affect people with applications already in process.
Key topics
Immigration and Refugee Protection ActIRPAHome Child Care Provider ClassHome Support Worker Classhome child care work permithome support work permitCanada Revenue AgencyDepartment of Citizenship and ImmigrationSean Fraserpermanent residencecaregiver programsemployer requirementswork experience requirementssection 25.2 exemptions36-month time limit
Source: Canada Gazette