ARCHIVED - Public policy to reinstate an interim pathway for caregivers

Background

From March 4 to June 4, 2019, the Government put in place the Interim Pathway for Caregivers: a three-month public policy to provide a one-time, short term dedicated pathway to permanent residence for some of the in-home temporary foreign worker caregivers who came to Canada expecting to obtain permanent residence, but did not qualify under existing caregiver pathways. This short-term pathway helped mitigate the unique vulnerabilities that in-Canada temporary foreign worker caregivers faced because they were not eligible under a current pathway to permanent residence. This pathway was a recognition of the significant contributions that these caregivers have made to Canadian families, while maintaining minimum requirements for applicants to be able to establish themselves and their families in Canada as permanent residents.

Public Policy Considerations

The Government has heard that the three-month application period for the Interim Pathway for Caregivers was too short for some caregivers to prepare their applications. Reinstating the Interim Pathway for Caregivers for an additional period of three months would provide interested and eligible applicants with another opportunity to apply and stay in Canada permanently.

Pursuant to section 25.2 of the Immigration and Refugee Protection Act, I hereby establish that there are sufficient public policy considerations justifying an exemption from the requirements of the Immigration and Refugee Protection Regulations associated with membership in a class [70(1)(a),(c) and (d), 72(1)(a),(c) and (d)], to foreign nationals who apply for a permanent resident visa or permanent residence and request to be considered under this public policy and who meet the conditions set out below.

Eligibility Criteria and Conditions

The criteria of the public policy remain unchanged from the initial Interim Pathway for Caregivers. This public policy applies to foreign nationals who meet the following criteria:

1. At the time of application:
   • is authorized to work in Canada on a work permit other than a Live-in Caregiver Program work permit;
   • is authorized to work without a work permit pursuant to subsection 186(u) of the Immigration and Refugee Protection Regulations, if they have applied for a renewal of a work permit other than a Live-in Caregiver Program work permit; or,
   • has applied and is eligible for restoration of status, and held a work permit other than a Live-in Caregiver Program work permit as their most recent work permit.
2. Intends to reside in a province or territory other than Quebec.
3. Has obtained:
   • a completed Canadian educational credential of at least a secondary school diploma; or,
   • a foreign diploma, certificate or credential, along with an equivalency assessment — issued within five years before the date of application— that indicates that the foreign diploma, certificate or credential is equivalent to a completed Canadian secondary school diploma.
4. Has attained a level of proficiency of at least benchmark 5 in either official language for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as demonstrated by the results of an evaluation designated by the Minister — that must be less than two years old on that date — by an organization or institution designated by the Minister for the purpose of evaluating language proficiency under subsection 74(3) of the Regulations.
5. Since November 30, 2014, has acquired one year of authorized full-time Canadian work experience^{Footnote 1} on a Temporary Foreign Worker Program work permit in any combination of the following eligible occupations:
   • a home child care provider within the meaning of that occupation as set out in the National Occupational Classification for unit group 4411, other than any experience as a foster parent;
   • a home support worker or related occupation, but not a housekeeper, within the meaning of that occupation as set out in the National Occupational Classification for unit group 4412, including the occupations — other than housekeeper — listed under that unit group as example titles.
6. Is not otherwise inadmissible.
7. Meets all other statutory and regulatory requirements applicable to foreign nationals seeking to obtain permanent resident status in Canada, with the exception of the requirement to belong to a class.

Start and End dates

This public policy comes into effect on July 8, 2019 and expires on October 8, 2019. Applications received during this time period will continue to be processed until all applications are finalized.