Home Child-Care Provider and Home Support Worker Pilot: Admissibility and final decision

On this page

• Determining admissibility
• Inadmissibility for financial reasons [section A39]
• Processing family members
• Ineligible and inadmissible family members

Determining admissibility

The principal applicant and their family members, whether accompanying or not, must undergo criminal and security checks and medical examinations. An officer will assess these admissibility requirements after the applicant has satisfied select eligibility criteria and either of the following:

• after all of the eligibility criteria has been met, including work experience, where the applicant has provided proof of at least 24 months of qualifying work experience in their initial application
• before the applicant is issued an occupation-specific open work permit, where the applicant has applied with less than 24 months of qualifying work experience
  • The officer must ensure the applicant and family members, whether accompanying or not, are still admissible to Canada at the time that the applicant provides proof of obtaining 24 months of qualifying work experience, prior to granting permanent resident status. This may require additional medical examinations (if they have expired) and additional police checks.

Applicants are strongly encouraged to submit police certificates up front with their application. However, should the police certificates not be included, the processing office must request a police certificate for the applicant’s current country of residence as well as one for any country where they have lived for 6 months or more. See How to get a police certificate (police check) for more information.

The principal applicant and all their family members, whether accompanying or not, must pass medical examinations. The processing office must instruct the principal applicant and their family members to undergo medical examinations.

Inadmissibility for financial reasons [section A39]

As with all immigration classes, caregivers are subject to section 39 of the Immigration and Refugee Protection Act (IRPA). The foreign national is inadmissible for financial reasons if the following 2 statements are true:

• they are or will be unable or unwilling to support themselves or any other person who is dependent on them
• they have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made

The onus is on the foreign national to satisfy an officer that they are not inadmissible.

Examining the applicant’s ability and willingness to support themselves and their dependants [section A39]

When an officer has serious concerns regarding an applicant’s financial admissibility, the officer must follow procedural fairness.

Per section 7.21 of the enforcement manual on inadmissibility (PDF 620 KB), the officer may obtain evidence for section A39 by collecting a statutory declaration supported by evidence of statements made to an officer. This includes evidence of

• the person’s current financial situation
• the likelihood that they will have access to funds
• what arrangements, if any, have been made for their care and support

Relevant factors to consider in determining an applicant’s financial admissibility may include the following:

• likelihood of access to funds
• living arrangements
• current financial situation

Likelihood of access to funds

Officers may assess the likelihood that the applicant will have access to funds by taking into consideration the wages specified in the job offer, and the prevailing wage in the province where the applicant intends to reside.

They may also consider whether the principal applicant’s spouse or dependant(s) at age of majority will accompany the applicant on an open work permit. The likelihood of supporting income from the spouse or dependant(s) at age of majority can be taken into consideration in the officer’s assessment. When assessing the applicant’s ability to financially support themselves and their dependants officers may take into account whether the applicant’s spouse or dependants at age of majority will contribute by considering their

• transferable skills
• education
• work experience

Officers may elect to consult measures such as the Low Income Cut-Offs (LICO) prepared by Statistics Canada. Though not a determining factor, the LICO serves as a reasonable indicator of an applicant’s likely ability to financially support themselves and their family.

Living arrangements

Officers may take into consideration the principal applicant’s living arrangements. If the applicant will be living in the employer’s home or with family or friends, this may allow them more financial flexibility to support themselves and their accompanying dependants.

Current financial situation

Together with other relevant factors, officers may consider the funds that applicants have available to them (for example, by way of a declaration or financial documentation, at an officer’s discretion) in determining whether they are able to financially support themselves and their dependants in Canada.

Making a decision on the applicant’s ability and willingness to support themselves [section A39]

The determining factor under section A39 is whether the principal applicant will be in a position to support themselves, and any dependants, in Canada without recourse to social assistance. In making a determination with respect to an applicant’s financial admissibility, officers must consider the totality of the information on file and all submissions made on a given case.

Upon consideration of all the information available, including the applicant’s response to any concerns outlined in a procedural fairness letter, if it appears that the applicant will be able to financially support themselves and their dependants without requiring social assistance, the applicant and their dependants are financially admissible.

Refusals on the basis of financial inadmissibility pursuant to section A39 must be documented in Global Case Management System (GCMS) notes. Officers should include

• the principal applicant’s income
• any other anticipated family revenue in Canada
• all possible sources of assistance available to the principal applicant
• any arrangements the applicant has made

The officer’s notes should clearly explain all the factors they have considered in making their determination with respect to the applicant’s financial admissibility. The officer must clearly explain why they are not satisfied as to the adequacy of the applicant’s financial resources and arrangements.

Processing family members

Applicants cannot be granted permanent residence or an occupation-restricted open work permit under the Home Child-Care Provider or Home Support Worker pilots if they or any of their family members are found to be inadmissible.

Ineligible and inadmissible family members

The procedures for the Home Child-Care Provider or Home Support Worker pilots are the same as the Live-in Caregiver Program for