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Home Child Care Provider Pilot and Home Support Worker Pilot: Job aid – Integrated Ministerial Instructions

The Ministerial Instructions (MI32) that created the Home Child Care Provider (HCCP) and Home Support Worker (HSW) pilots, on June 18, 2019, were amended on April 30, 2023.

This page acts a job aid for officers’ convenience and integrates both sets of MIs. Please refer to the Gazette for the official version:

Definitions (s. 1)
HCCP

1 The following definitions apply in these Instructions.

Act means the Immigration and Refugee Protection Act. (Loi)

Canadian educational credential has the same meaning as in subsection 73(1) of the Regulations. (diplôme canadien)

eligible occupation means an occupation listed in the National Occupational Classification under the unit group 4411, other than a foster parent. (profession admissible)

equivalency assessment has the same meaning as in subsection 73(1) of the Regulations. (attestation d’équivalence)

full-time work has the same meaning as in subsection 73(1) of the Regulations. (travail à temps plein)

home child care work permit means a work permit that is issued to a foreign national subsequent to and in connection with their application for a permanent resident visa as a member of the home child care provider class and that authorizes them to work in an eligible occupation. (permis de travail comme gardien d’enfants en milieu familial)

language skill area has the same meaning as in subsection 73(1) of the Regulations. (habileté langagière)

Regulations mean the Immigration and Refugee Protection Regulations. (Règlement)

work has the same meaning as in subsection 73(2) of the Regulations. (travail)

HSW

1 The following definitions apply in these Instructions.

Act means the Immigration and Refugee Protection Act. (Loi)

Canadian educational credential has the same meaning as in subsection 73(1) of the Regulations. (diplôme canadien)

eligible occupation means an occupation listed in the National Occupational Classification under the unit group 4412, other than a housekeeper. (profession admissible)

equivalency assessment has the same meaning as in subsection 73(1) of the Regulations. (attestation d’équivalence)

full-time work has the same meaning as in subsection 73(1) of the Regulations. (travail à temps plein)

home support work permit means a work permit that is issued to a foreign national subsequent to and in connection with their application for a permanent resident visa as a member of the home support worker class and that authorizes them to work in an eligible occupation. (permis de travail comme aide familial à domicile)

language skill area has the same meaning as in subsection 73(1) of the Regulations. (habileté langagière)

Regulations mean the Immigration and Refugee Protection Regulations. (Règlement)

work has the same meaning as in subsection 73(2) of the Regulations. (travail)

Home child care provider & Home support worker classes / Economic class (subs. 2(1) and 2(2))
HCCP

2 (1) The home child care provider class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who demonstrate, in accordance with these Instructions, that they meet the requirements of these Instructions.

(2) For greater certainty, the home child care provider class is considered to be part of the class referred to in paragraph 70(2)(b) of the Regulations.

HSW

2 (1) The home support worker class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who intend to reside in a province other than the province of Quebec, and who demonstrate, in accordance with these Instructions, that they meet the requirements of these Instructions.

(2) For greater certainty, the home support worker class is considered to be part of the class referred to in paragraph 70(2)(b) of the Regulations.

Application for permanent residence – less than 12 months experience (Category A / Gaining experience)
Eligibility criteria – Stage 1 (para. 2(3)(a))
HCCP
  • (3) Subject to subsection (3.1), an application for a permanent resident visa as member of the home child care provider class for a foreign national who has acquired in Canada less than 12 months of full-time work experience, on the date of the application, in an eligible occupation during the 36 months preceding the date on which the application is made consists of the following steps:
    • (a) the foreign national demonstrates, on the date on which the application is made, that they meet the following conditions:
      • (i) they have attained a level of proficiency of at least benchmark 5 in either official language of Canada 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,
      • (ii) they hold
        • (A) a Canadian educational credential of at least one year of post-secondary studies, or
        • (B) a foreign diploma, certificate or credential and an equivalency assessment — issued within five years before the date on which the application is made — that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian educational credential of at least one year of post-secondary studies,
      • (iii) they have received an offer of employment for full-time work that meets the following conditions:
        • (A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not a business or an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
        • (B) it is for a position in a province other than the province of Quebec,
        • (C) it is in respect of an eligible occupation,
        • (D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification, and
        • (E) it is genuine and likely to be valid when the applicant is issued their initial home child care work permit,
      • (iv) they are likely to accept the job offer, and
      • (v) they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification, and;
HSW
  • (3) Subject to subsection (3.1), an application for a permanent resident visa as member of the home support worker class for a foreign national who has acquired in Canada less than 12 months of full-time work experience, on the date of the application, in an eligible occupation during the 36 months preceding the date on which the application is made consists of the following steps:
    • (a) the foreign national demonstrates, on the date on which the application is made, that they meet the following conditions:
      • (i) they have attained a level of proficiency of at least benchmark 5 in either official language of Canada 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,
      • (ii) they hold
        • (A) a Canadian educational credential of at least one year of post-secondary studies, or
        • (B) a foreign diploma, certificate or credential and an equivalency assessment — issued within five years before the date on which the application is made — that indicates that the foreign diploma, certificate or credential is equivalent to a Canadian educational credential of at least one year of post-secondary studies,
      • (iii) they have received an offer of employment for full-time work that meets the following conditions:
        • (A) it is made by a single Canadian employer who has a Canada Revenue Agency business number and who is not a business or an embassy, high commission or consulate or an employer referred to in any of subparagraphs 200(3)(h)(i) to (iii) of the Regulations,
        • (B) it is for a position in a province other than the province of Quebec,
        • (C) it is in respect of an eligible occupation,
        • (D) it describes the work and duties to be performed by the foreign national that must align with those described for the eligible occupation in the National Occupational Classification, and
        • (E) it is genuine and likely to be valid when the applicant is issued their initial home support work permit,
      • (iv) they are likely to accept the job offer, and
      • (v) they are able to perform the work and duties described for the eligible occupation in the National Occupational Classification, and;
Eligibility criteria – Stage 2 (para. 2(3)(b))

(b) they demonstrate that they have acquired, in Canada, at least 12 months of full-time work experience in an eligible occupation within the 36 months preceding the date of the demonstration.

Exemption from job offer-related assessments if experience gained before occupation-restricted open work permit (OROWP) decision (subs. 2(3.1))
HCCP

(3.1) An application for a permanent resident visa as member of the home child care provider class for a foreign national who has accumulated 12 months or more of full-time work experience in an eligible occupation prior to their having been issued a home child care work permit, but not more than 36 months prior to the date on which their application is made, is exempt from the requirements of subparagraphs (3)(a)(iii) to (v).

HSW

(3.1) An application for a permanent resident visa as member of the home support worker class for a foreign national who has accumulated 12 months or more of fulltime work experience in an eligible occupation prior to their having been issued a home support work permit, but not more than 36 months prior to the date on which their application is made, is exempt from the requirements of subparagraphs (3)(a)(iii) to (v).

Application for permanent residence – at least 12 months experience (Category B / Direct to permanent residence) – Eligibility criteria (subs. 2(4))
HCCP

(4) A foreign national who has acquired in Canada at least 12 months of full-time work experience in an eligible occupation may apply for a permanent resident visa as member of the home child care provider class if they demonstrate, on the date on which the application is made, that they meet the following conditions:

  • (a) their work experience was accumulated within the 36 months preceding the date on which the application is made; and
  • (b) the conditions set out in subparagraphs (3)a)(i) and (ii).
HSW

(4) A foreign national who has acquired in Canada at least 12 months of full-time work experience in an eligible occupation may apply for a permanent resident visa as member of the home support worker class if they demonstrate, on the date on which the application is made, that they meet the following conditions:

  • (a) their work experience was accumulated within the 36 months preceding the date on which the application is made; and
  • (b) the conditions set out in subparagraphs (3)a)(i) and (ii).
Work experience (subs. 2(5))

(5) The work experience referred to in paragraph (3)(b) and subsections (3.1) and (4)

  • (a) must include the performance of the actions described in the lead statement for the eligible occupation in the National Occupational Classification, and the performance of a substantial number of the main duties of that occupation;
  • (b) must only involve work that was authorized under a work permit, the Regulations or exemptions granted under section 25.2 of the Act;
  • (c) must be acquired while the foreign national had temporary resident status; and
  • (d) must not include any period during which the foreign national was engaged in full-time study or was self-employed.
Periods for providing proof of experience for the Gaining experience category (s. 2.1)
HCCP

2.1 A foreign national must demonstrate that they have met the work requirements in paragraph 2(3)(b) within 36 months of the issuance of the notice that an initial assessment of the conditions under paragraph 2(3)(a) has taken place, if they have not been issued a home child care work permit within that time or within 36 months of the issuance of such a permit, as the case may be.

HSW

2.1 A foreign national must demonstrate that they have met the work requirements in paragraph 2(3)(b) within 36 months of the issuance of the notice that an initial assessment of the conditions under paragraph 2(3)(a) has taken place, if they have not been issued a home support work permit within that time or within 36 months of the issuance of such a permit, as the case may be.

Processing fees (s. 3)

3 The fees that are payable for processing an application for a permanent resident visa under these Instructions are the fees set out in paragraphs 295(1)(c)(i), (ii) or (iii) of the Regulations, as applicable.

Period of application
MI32

4 These instructions apply from June 18, 2019 to June 17, 2024.

MI63

7 These Instructions take effect on April 30, 2023, and apply to all applications for permanent residence under the Home Support Worker Class and the Home Child Care Provider Class, including those that are pending on the day on which these Instructions take effect.

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