Caregiver permanent‑residence rules and work‑permit pause

Summary#

Two ministerial instructions from the Department of Citizenship and Immigration change how caregiver permanent-residence applications are assessed and pause the intake of certain new caregiver work-permit applications outside Quebec. The rules about proving work experience take effect June 16, 2024, and the processing pause for new work-permit applications takes effect June 18, 2024.

What it does#

• Changes to the Ministerial Instructions Amending the Ministerial Instructions Respecting the Home Child Care Provider Class and the Home Support Worker Class:

  • Clarifies when and how an applicant must show they have at least six months of full-time work in an eligible caregiver job.
  • Sets the window for that proof to fall within a period starting 36 months before the application and ending 36 months after either a notice of initial assessment or the date a caregiver work permit is issued.
  • Requires the work-experience demonstration to be made no later than 36 months after the assessment/permit date, and it can be made only once.
  • Keeps an exemption for people who already had at least six months of eligible work in Canada before getting a caregiver work permit, provided that work was within 36 months of the application.
  • Confirms that Canadian work experience must have been authorized (for example, under a work permit) and while the person had temporary resident status.
  • These instructions apply to all caregiver applications, including ones already pending, and take effect June 16, 2024.

• Instructions titled Ministerial Instructions regarding the processing of certain work permit applications:

  • Direct immigration officers not to process new work-permit applications for people intending to do work under NOC 44100 (excluding foster parents) or NOC 44101 when those applicants are destined for jobs outside Quebec.
  • This refusal-to-process applies in two situations:
    • Applications made at a port of entry.
    • New applications made before or after entry by people who do not already hold a valid work or study permit (i.e., brand-new applicants).
  • Applicants whose files are not processed will be notified and have their work permit processing fee returned.
  • The moratorium is described as a way to control caregiver arrivals outside Quebec when there is not a clear pathway to permanent residence. It takes effect June 18, 2024.

Who's affected#

• People applying for permanent residence under the Home Child Care Provider Class and the Home Support Worker Class, including those with pending applications.
• Prospective caregivers trying to obtain a new work permit to work outside Quebec as a home child-care or home-support worker (jobs covered by NOC 44100 and NOC 44101).
• Families, private employers, and caregiver recruiters who hire caregivers to work in private homes outside Quebec.
• Immigration officers responsible for processing caregiver applications.
• People or employers in Quebec are less affected by the work-permit pause, because the processing instruction applies only to job locations outside Quebec.

Why it matters#

• If you are a caregiver applicant, these changes tighten the timing rules for proving the required six months of eligible work. You now have to meet a stricter deadline about when that experience must be demonstrated.
• If you are trying to come to Canada as a new in-home caregiver for a job outside Quebec, your work-permit application may not be processed right now. That can delay the start of employment and family plans.
• Employers who rely on hiring caregivers from abroad may face labour shortages or need to look for alternatives while the pause is in effect.
• The measures are intended to limit arrivals of caregivers outside Quebec when there is not a guaranteed path to permanent residence; they may change how and when caregivers enter Canada.