Changes to caregiver immigration rules

Summary#

The government published changes to caregiver immigration rules and a temporary halt on some new caregiver work‑permit applications. The changes to the Ministerial Instructions Respecting the Home Child Care Provider Class and the Ministerial Instructions Respecting the Home Support Worker Class take effect June 16, 2024. A separate instruction telling officers not to process certain caregiver work‑permit applications outside Quebec came into effect June 18, 2024.

What it does#

• Changes to caregiver permanent‑resident instructions:

  • Requires applicants to show they have at least six months of full‑time eligible work experience within a time window that begins 36 months before they apply and ends 36 months after either a notice of an initial assessment or the date their work permit is issued.
  • Says that this demonstration must be made no later than 36 months after that assessment/permit date.
  • Says each foreign national may make that demonstration only once.
  • Creates an exemption for people who already had six months or more of eligible Canadian work experience before they were issued a caregiver work permit, as long as that experience was within 36 months before applying for permanent residence.
  • Clarifies that any in‑Canada experience must have been authorized by a work permit or specified regulatory exemptions, and acquired while the person had temporary resident status.
  • Repeals a previous subsection (section 2.1).
  • These amendments apply to all caregiver permanent‑resident applications, including those pending on June 16, 2024.

• Moratorium on some caregiver work‑permit applications:

  • Orders officers not to process new work‑permit applications under subparagraph 200(1)(c)(iii) where the applicant seeks work under National Occupational Classification codes 44100 (excluding foster parents) or 44101, in these situations:
    • Applications made at a port of entry (section 198) for those NOC codes; or
    • New applications made before or after entry (sections 197 or 199) where the applicant does not already hold a valid work or study permit, the job is outside Quebec, and the job is under NOC 44100 (excluding foster parents) or 44101.
  • Applicants whose new applications are not processed will be told their application is refused to be processed and will get their work‑permit processing fee returned.
  • This instruction took effect June 18, 2024.

Who's affected#

• Foreign nationals who want to apply for permanent residence under the Home Child Care Provider or Home Support Worker classes.
• People currently working or hoping to work in Canada as home child‑care providers or home support workers, especially those applying for work permits at a port of entry or submitting a new permit application while in Canada.
• Employers and families in Canada who hire caregivers from abroad.
• Immigration representatives and settlement groups that help caregivers apply.
• It is clear these instructions apply to pending caregiver permanent‑resident applications as of June 16, 2024, and to new work‑permit applications covered by the moratorium as of June 18, 2024.

Why it matters#

• The permanent‑residence rule changes tighten when and how an applicant must show they have qualifying work experience. That can change who is eligible and when they can apply for permanent residence.
• The moratorium stops routine intake of new caregiver temporary workers (outside Quebec) in specified job categories. That will slow or block some new caregiver arrivals and affect families and employers who rely on those workers.
• Applicants whose work‑permit applications are refused to be processed will get their fee back, but they will not have their application considered while the moratorium is in place.
• If you are a caregiver applicant, an employer, or an adviser, you may need to review timing and documentation for work experience and consider how the moratorium affects plans to bring or hire caregivers from outside Quebec.