Home Child Care Provider Pilot and Home Support Worker Pilot: Assessing the application against selection criteria

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Applicants should be assessed against the pass and fail selection criteria below, based on the information and documents provided in the application. Applicants must meet the following criteria to be approved:

In addition, applicants must provide proof of either of the following:

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Education

The applicant must provide evidence that they have either of the following completed items:

Canadian credentials

A post-secondary Canadian educational credential is any post-secondary diploma, certificate or credential that is issued on the completion of a Canadian program of study or training at an educational or training institution that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions. As such, an applicant who has started a college or university program and has successfully completed the credits for 1 year of that program, but who has not yet completed the program of study, would not meet this requirement.

Foreign credentials

For applicants with a foreign educational credential, the ECA report must

Equivalency assessments will include an assessment by the designated organization of the authenticity of the applicant’s completed foreign educational credentials.

Note: This assessment provided by the designated organization is not conclusive evidence of the authenticity of the foreign educational credentials. If an officer has concerns about the authenticity of an applicant’s foreign educational credentials, they must communicate these concerns to the applicant, afford them an opportunity to respond to those concerns and provide additional information or documentation.

Qualifying Canadian work experience

On April 30th, 2023, the Ministerial Instructions (MIs) were amended, reducing the amount of qualifying work experience from 24 months to 12 months. This amended work experience requirement applies to all Category A or B applications processed from April 30, 2023 onwards, regardless of their receipt date (pre- or post-MIs changes), provided that no final decision has already been made.

The applicant will be assessed for qualifying Canadian work experience once they have submitted proof of this requirement. The assessment will take place either upfront in their initial permanent resident application (for Category B) or after the issuance of an occupation-restricted open work permit (OROWP) through one of these pilots (for Category A) (unless they provide sufficient proof of eligible work experience before the OROWP is issued – refer to the exemption below).

Officers may sometimes become aware of situations where a caregiver has experienced abuse in the workplace. Where such a situation is known, officers must be careful not to penalize the victim or put them at further risk when interacting with the applicant or employer. Being aware that a client is a victim of abuse may impact how the application is processed and its outcome. Refer to guidance on how to address cases where a person has experienced abuse.

Applicants without 12 months of experience (Category A – Gaining experience)

Applicants who are otherwise eligible but who do not yet have the 12 months of qualifying Canadian work experience at the time of their application for permanent residence will receive an OROWP.

Deadline for sending IRCC proof of work experience

Within 36 months of the OROWP being issued, the applicant must submit proof of at least 12 months of authorized full-time work experience.

Where the applicant does not take the necessary steps to obtain the OROWP, they must demonstrate that they have met the work experience requirements within 36 months from the date of the stage 1 eligibility approval letter.

Timeline of the work experience

The work experience will only count if it was obtained in the last 36 months from the date on which the applicant submits the proof.

Note: Some applicants may already have some, but less than 12 months of qualifying Canadian work experience when they receive an OROWP. They can count this experience toward the 12-month requirement, as long as they demonstrate that the 12 months of experience was acquired in the 36 months immediately preceding submission of their proof of work experience.

Applicants with 12 months of experience (Category B – Direct to permanent residence)

Applicants with at least 12 months of qualifying Canadian work experience at the time of application submit their proof of qualifying work experience upfront in their application for permanent residence. The applicant must demonstrate that they have obtained a total of at least 12 months of eligible full-time work experience in Canada in the 36 months preceding the time of application.

Qualifying work

All applicants must have had temporary resident status and work authorization during the period of work experience acquired in Canada. Only authorized work will be counted towards the work experience requirement. The authorized work experience may be acquired under any combination of authorized work permits and other authorizations to work (including maintained status or public policy).

Full-time work means at least 30 hours of paid work per week. To qualify, an applicant must have obtained work experience in an eligible occupation listed in the National Occupational Classification (NOC):

Note: In 2016, Employment and Social Development Canada (ESDC) and Statistics Canada replaced NOC 2011 with NOC 2016, and on November 16, 2022, NOC 2016 with NOC 2021. Applications received under the Home Child Care Provider Pilot or Home Support Worker Pilot must be assessed against the edition of the NOC that was in force at the time that the application for permanence residence was received.

This means that all applications received on or before November 15, 2022 must demonstrate that they meet the requirements specified in the NOC 2016 occupational description and that applications received on or after November 16, 2022 must demonstrate that they meet the requirements specified in the NOC 2021 occupational description, irrespective of the coding of their work permit.

For example, a caregiver who applied under Category A on or before November 15, 2022 and consequently received an occupation-restricted open work permit would be assessed as per NOC 2016 once they eventually provide proof of their work experience – even if this proof is submitted on or after November 16, 2022. However, a caregiver who applies under Category B on or after November 16, 2022 would be assessed under NOC 2021 – even if they previously held a work permit issued under a NOC 2016 occupation.

For the periods of work experience claimed in the application, all applicants must demonstrate they performed both of the following:

Breaks in work experience

Applicants do not have to be employed at the time they apply for permanent residence through the Home Child Care Provider Pilot or Home Support Worker Pilot.

Canadian work experience does not need to be continuous to qualify, but the period of 12 months of required employment must not include

A reasonable period of vacation time will be counted towards meeting the work experience requirement. For example, a 2-week period of paid vacation leave within a given 52-week period in which the applicant was engaged in qualifying work would qualify, whether that period of vacation was taken in Canada or outside Canada.

Any periods of self-employment or periods of employment during which the applicant was engaged in full-time study will not be included when calculating the period of qualifying work experience.

If there is a period of overlap between the applicant’s study permit and work permit, the applicant should provide evidence to demonstrate that at the time they acquired their full-time work experience they were not engaged in full-time study. For instance, they could provide a school transcript and proof of program completion to demonstrate that the work experience was acquired after they completed full-time studies. Any work experience acquired before full-time study program completion (that is, during academic breaks) does not qualify.

GCMS workaround for the reduction of work experience to 12 months

As the original Ministerial Instructions (MIs) required 24 months of work experience, if a shorter period is entered in the “Eligibility – Work experience” screen, the system will prevent the officer from passing eligibility with only 12 months of work experience.

As a workaround:

  1. The officer can enter an artificial time period under the “work experience” tab that will bring the total to at least 24 months.
  2. The officer must also add a case note indicating that they entered the period in GCMS as a workaround and include the actual period declared by the client as their qualifying work experience. The officer can use the following note:

The client’s claimed work experience occurs between [insert YYYY-MM to YYYY-MM]. As a workaround to trigger GCMS to accept a positive eligibility decision with 12 months of work experience, a placeholder line in the work experience tab was added with the dates [YYYY-MM to YYYY-MM], which do not and are not intended to reflect the information in the application.

Additional requirements for applicants under Category A (Gaining experience)

Applicants who do not have at least 12 months of qualifying Canadian work experience must also provide proof of both of the following:

Job offer

Note: If the applicant submits proof of work experience before IRCC issues the OROWP and the work experience is eligible, officers can process and approve applications without assessing the job offer (nor the likelihood that they will accept the job and their ability to perform it). If the work experience is found to be ineligible, the officer will proceed with the regular Category A-related assessments as usual. See exemption below.

Transition to NOC 2021 

Officers shall be facilitative during the transition period. If the application was submitted under NOC 2021 and the offer of employment continues to list a NOC 2016 code, the offer of employment remains valid as long as it continues to meet program requirements under the Home Child Care Provider pilot or Home Support Worker pilot.

Where applicants do not have 12 months of eligible Canadian work experience at the time of their initial application for permanent residence (nor before an OROWP is issued – refer to the exemption), they must demonstrate that they have obtained a job offer which they are likely to accept that is

The job offer must also describe the work and duties to be performed by the applicant. These duties must align with the actions described in the lead statement for the eligible occupation, as set out in the occupational descriptions of the NOC.

The initial job offer must be submitted in the form of the Offer of Employment [IMM 5983] (PDF, 2.3 MB).

Note: The main duties of the job cannot be for foster parent or housekeeper occupations.

Job offer from a relative

All circumstances of the application must be reviewed to support an assessment of the eligibility and genuineness of the job offer and employer/employee relationship.

The same level of scrutiny applies if the employer is a relative, as it does for any other job offer. A reminder that an applicant being related to their employer does not make them ineligible under the pilots.

Assessing whether a job offer is genuine

Offers of employment must undergo a genuineness assessment to ensure that caregivers are protected and that the integrity of the program is maintained.

Officers may consider a number of factors when assessing whether the job offer is valid and genuine, including, but not limited to:

Specifically, officers may consider:

To assess the validity of the job offer, officers can request further information from the employer and use information provided in the job offer. For example, officers can assess whether the employer is financially able to pay the caregiver the salary described in the job offer or if there is a genuine need for a caregiver by examining

Where there are concerns with the job offer, we would rely on the current work-sharing arrangements with the Domestic Network (DN) and International Network (IN) if further review of an application is required.

Ability to perform the work

Note: If the applicant submits proof of work experience before IRCC issues the OROWP and the work experience is eligible, officers can process and approve applications without assessing the ability to perform the work (nor job offer and likelihood that they will accept the job). If the work experience is found to be ineligible, the officer will proceed with the regular Category A-related assessments as usual. See exemption below.

Applicants who have not obtained at least 12 months of qualifying Canadian work experience must demonstrate that they are able to perform the work described in the lead statement of the occupational description of the NOC in force at the time of receipt of their application for permanent residence.

Failure to do so may result in a refusal.

Note: Foster parents are excluded from NOC 4411 under NOC 2016, and NOC 44100 under NOC 2021and housekeepers are excluded from NOC 4412 under NOC 2016.  For applications received after November 16, 2022 (with the implementation of NOC 2021), this explicit exclusion of housekeepers is no longer necessary, as the definition of the NOC has changed, and housekeepers are not included under NOC 44101).

Supporting documentation

When assessing an applicant’s ability to perform the work, officers can refer to supporting documentation provided in the application. This may include, but is not limited to,

When an officer has serious concerns regarding an applicant’s ability to perform the work, the officer must follow procedural fairness.

Note: Applicants who are applying with less than 12 months of qualifying work experience (Category A) and have met the eligibility requirements relating to education, language, job offer and ability to perform the work must be assessed for admissibility before being issued an occupation-restricted open work permit and being assessed for qualifying work experience.

Exemption from the Category A-offer of employment assessment

As of April 30th, 2023, certain Category A applicants are no longer required to have a valid job offer that they are likely to accept, nor proof that they are able to perform the duties in cases where:

Therefore, once officers have determined that the work experience is eligible, the job offer assessment is not required and officers can perform their assessment as if it were a Category B application. However, as it is still a Category A application, the application category must not be changed in GCMS.

Note: In the GCMS “Eligibility – Stage 1” Assessment Criteria window, the officer will still need to artificially set the job offer and ability to perform work fields as “met”. Case notes should be added to indicate that the applicant was exempt and, as such, the assessment was not performed.

If the applicant meets all eligibility requirements (language, education, work experience), and provided they are eligible for it, a Bridging Open Work Permit can be issued instead of the OROWP while they wait for the admissibility assessment and final decision.

If the work experience on file before the issuance of the OROWP is found to be ineligible, the officer should document this in case notes and proceed with the Stage 1 assessment as usual (including job offer etc.). Following Stage 1 eligibility decision, the resulting letter (either refusal or eligibility stage 1 passed) should also inform the caregiver that the work experience submitted was found to be ineligible and why.

Note: If the proof of experience is received after the OROWP is issued, then the normal process applies.

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