Public policy concerning work permit requirement exemptions for caregivers

Background

With respect to the transition of the Live-in Caregiver Program to two Ministerial Instruction Programs for permanent residence, the Minister hereby establishes the following temporary public policy under section 25.2 of the Immigration and Refugee Protection Act (IRPA).

By removing work permit criteria specific to live-in caregivers under section 112 of the Immigration and Refugee Protection Regulations (IRPR), this public policy would make it easier for more foreign nationals to apply for and receive a work permit as a caregiver. Further, with the pending repeal/amendments of regulations specific to the Live-in Caregiver Program and the caregiver immigration reform, it is unnecessary to continue to require new temporary foreign worker applicants to demonstrate that they meet these requirements as a temporary live-in caregiver when substitute requirements will be put in place under two Ministerial Instruction (MI) Permanent Residence caregiving programs.

Public policy

Pursuant to section 25.2 of the Immigration and Refugee Protection Act (IRPA), I hereby establish that there are public policy considerations warranting an exemption for foreign nationals applying from abroad for initial entry as a live-in caregiver who may in the future qualify for permanent residence under the new Caring for Children or Caring for People with High Medical Needs streams of the Caregiver Program from the following requirements under section 112 of the Immigration and Refugee Protection Regulations, namely that they:

• (a) applied for a work permit as a live-in caregiver before entering Canada;
• (b) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada;
• (c) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely,
  • (i) successful completion of six months of full-time training in a classroom setting, or
  • (ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit;
• (d) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and
• (e) have an employment contract with their future employer.

This public policy does not apply to foreign nationals applying for a work permit to enter Canada as a live-in caregiver if their application was accompanied by, at the time of application receipt by Citizenship and Immigration Canada, evidence that the associated opinion (Labour Market Impact Assessment) request was received by Service Canada on or before November 30, 2014.

This public policy is effective November 30, 2014 and will expire following the repeal of the Immigration and Refugee Protection Regulations section 112.

The Honourable Chris Alexander
Canada’s Minister of Citizenship and Immigration
Dated at Ottawa, this 30^th day of November, 2014