Public policy for out-of-status or unauthorized home care workers: Work permits and restoration of status

Applications made under this public policy cannot be made on entry; therefore, these instructions do not apply to officers employed by the Canada Border Services Agency (CBSA). Work permit applications must be submitted online.

The instructions on this page should be reviewed in conjunction with the following:

• Open work permit – General processing and issuance
• Conditions and validity period on work permits
• International students (for family members applying under this public policy)
• Restoration of status
• Eligibility for extending temporary resident status
• Extensions for minors

Background

A 5-year temporary public policy took effect on March 31, 2025, to allow out-of-status and unauthorized home care workers to restore or extend their status in Canada and obtain a work permit while their permanent residence application is processed. The public policy applies to individuals who applied for permanent residence under Stream A (Workers in Canada) of the Home Care Worker Immigration Child Care or Home Support classes and who sought exemptions under the permanent resident public policy.

Accompanying family members in Canada who are included on the permanent residence application are also eligible to restore or extend their status, work or study in Canada, as applicable, under the temporary public policy.

On this page

• Eligibility
  • Principal foreign national
  • Family members in Canada
• Documentary evidence
  • Principal foreign national
  • Family members in Canada
• Receipt of application
• Assessing the application
  • Assessing if the applicant passed R10 on their application for permanent residence
  • Genuine relationship
  • Dependent children and working age
  • Renewals
  • Processing open work permit applications
  • Processing applications to extend the foreign national’s stay or restore their status as visitors
  • Processing family members’ study permit applications
  • Fees and refunds
  • Admissibility
• Final decision
  • Approval of work permit application
  • Approval to restore the authorized period of stay as temporary residents (visitors)
  • Approval of study permit applications (for family members only)
  • Refusal

Eligibility

Principal foreign national

This public policy exempts foreign nationals from certain temporary residence requirements so that they can restore their status in Canada even if more than 90 days have passed since they lost their temporary resident status. It also allows them to extend their temporary resident status or obtain a work permit.

To be eligible for the public policy, applicants must meet all of the following public policy criteria. The applicant must

• have an application for permanent residence (PR) under one of the Home Care Worker Immigration Pilot (HCWIP) – Workers in Canada public policy streams that has passed the R10 completeness check and been put into processing; refer to Assessing the application for more instructions
• be physically present in Canada when they submit the work permit, extension of TR status, or restoration of TR status application(s) [see note]  
• have legally entered Canada as a temporary resident on or before December 16, 2021, resided in Canada continuously since then, and had a work permit at some point during that period
• at the time of application, not have authorization to work and
  • not have temporary resident status; or
  • be a visitor
• not have made a refugee claim in Canada
• not be subject to a removal order

Open work permits

Principal applicants may be eligible to apply for an open work permit (administrative code R01). They may apply to restore their status and apply for a work permit, or they may apply for a work permit without requesting restoration if they have a valid status.

TRP holders who let their status lapse are not eligible for restoration.

Visitors

Principal applicants are eligible to restore their status as temporary residents (visitors) in Canada even if more than 90 days have passed since they lost their temporary resident status, or they can apply to extend their temporary resident status in Canada.

TRP holders who let their status lapse are not eligible for restoration.

Family members in Canada

In-Canada family members can apply under the public policy to restore their temporary resident status in Canada even if more than 90 days have passed since they lost their temporary resident status. They can also apply to extend their temporary resident status or apply for an open work permit or study permit if they meet the conditions of the public policy. 

To be eligible for the public policy, family members must

• be included as an accompanying family member in the principal applicant’s PR application
• meet the definition of a “family member” in subsection 1(3) of the Immigration and Refugee Protection Regulations (IRPR)
• be physically present in Canada when they submit the work or study permit or application(s) to renew, extend or restore TR status [see note]
• not have made a refugee claim in Canada
• not be subject to a removal order

Open work permits

All family members may be eligible to apply for an open work permit (administrative code R01). They may apply to restore their status and apply for a work permit using the same application, or they may apply for a work permit without requesting restoration if they have a valid status.

TRP holders who have a work permit are required to apply for another TRP by paper.

Study permits

All family members are eligible to apply for or renew their study permit. They may apply for restoration of status and a study permit in the same application, or they may apply for a study permit under the regular study permit stream without restoration if they have valid status.

Minor children can apply for a study permit under existing study permit streams, or they may study without one at the K–12 level if they are already in Canada and both parents are not visitors. Applications must be submitted online.

Visitors

All family members are eligible to restore their status as temporary residents (visitors) in Canada even if more than 90 days have passed since they lost their temporary resident status, or they can apply to extend their temporary resident status in Canada.

Documentary evidence

For all applications facilitated by this public policy, officers should be satisfied that foreign nationals have the following documentary evidence to make an assessment.

Principal foreign national

Proof that PR application has been submitted and accepted into processing

Examples of proof:

• If the applicant has received an acknowledgement of receipt (AOR) from their PR application, they can provide the AOR.

  Note: Applicants are not required to submit their AOR as proof. If the AOR is not provided by the applicant, officers must hold processing of the application until the officer can confirm in the Global Case Management System (GCMS) if the applicant passed the R10 completeness check. Refer to Assessing the application for more instructions on this requirement.

• If the applicant has not yet received an AOR, they can provide
  • the tracking receipt or number from a courier and proof of payment of application fees for PR applications submitted (if the application was submitted by paper); or
  • a copy of the email confirming that the application was submitted in the online portal and proof of payment of application fees for PR applications submitted.

Be physically present in Canada and have continuously resided in Canada since December 16, 2021

• Applicants must have been authorized to enter Canada legally as temporary residents on or before December 16, 2021, and continuously resided in Canada since then.

  Examples of proof of an authorized entry to Canada:

  • Photocopies of passport pages clearly showing the stamp made by Canadian authorities on the applicant’s most recent entry to Canada.
  • Copies of immigration documents such as an expired work permit, visitor record or study permit. If the proof cannot be provided by the applicant, officers may check in GCMS if the applicant was issued a permit at the time of entry to Canada.

  Examples of proof of residence in Canada:

  • copies of a lease or rental agreement
  • a letter from a landlord or property owner attesting to residence and specifying dates
  • utility bills
  • any other bills that contain the applicant’s residential address
  • copy of a bank statement or credit card statement with the applicant’s address
  • employment documents or personal services contract
  • evidence of receipt of benefits from Canadian government programs
  • rental agreements
  • club memberships

  Examples of proof of physical presence:

  • Proof of physical presence will resemble proof of residence, but the officer needs to be satisfied that the applicant was physically present in Canada when they applied. If the applicant leaves Canada after they applied, they can still be eligible under the public policy.

Had a work permit at some point during that period

• Applicants must have a copy of an expired work permit. If the proof cannot be provided by the applicant, officers may check in GCMS if the applicant was issued a work permit during that period.

Status in Canada

Applicants must 

• not have authorization to work and
  • have no legal immigration status; or
  • be a visitor
• not have made a refugee claim in Canada
• not be subject to a removal order

Proof: Officers may verify this in GCMS

Family members in Canada

Accompanying family members must provide the following:

• A copy of the IMM 0008 form for the PR application in which the principal applicant listed the name of their family members.
• Proof of relationship (for example, a marriage certificate, Statutory Declaration of Common-Law Union [IMM 5409], birth certificate of a common child that shows both parents’ names)
• If the family members are applying individually after the principal applicant receives approval from IRCC on their TR application(s) to be authorized to work or to stay in Canada as a visitor, the family members are instructed to include a letter in their application indicating:
  • the principal applicant’s work permit number (W#) or the visitor record number issued by IRCC and/or the principal applicant’s PR application number
  • they are applying under this public policy: Temporary public policy to exempt home care workers who have made an application for a permanent resident visa through the Home Care Worker Immigration pilots from certain temporary residence requirements
• If the family members are applying with the principal applicant as a family group, they are not required to include this letter in their application.

Be physically present in Canada

The officer needs to be satisfied that the applicant was physically present in Canada when they submitted any application facilitated under this public policy. If the applicant leaves Canada after they applied, they can still be eligible under the public policy.

Status in Canada

To be eligible for this public policy, applicants must 

• not have made a refugee claim in Canada
• not be subject to a removal order

Proof: This requirement should be verified by the officer in GCMS

Receipt of application

All applications must be submitted online unless the applicant is exempt under section R9.4 or R9.5.

Paper application

If the applicant meets one of the exemptions under section R9.4 or R9.5 (for example, if they require accommodations under section R9.5, including for a disability), they can submit their application in another format (paper, braille or large print) after meeting the requirement of a complete PR application as per section R10.

Assessing the application

Processing officers must ensure that the requirements for the application are met.

Assessing if the applicant passed the R10 completeness check on their application for permanent residence

If the officer is satisfied that the TR application met all eligibility requirements except for the requirement that the PR application has passed the R10 completeness check, the officer must put the TR application on hold and check regularly in GCMS to see if the AOR is issued. The officer should not refuse an application until a decision is made on section R10.

• If the PR application met the requirement of section R10 and has been placed into processing, the officer may continue processing the TR application(s).
• If the PR application did not meet the requirement of section R10, the TR application(s) should be refused for not meeting the requirement of the temporary public policy.
• If no PR application is submitted, the TR application should be refused.

Genuine relationship

As per section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership

• was entered into primarily for the purpose of acquiring any status or privilege under the Immigration and Refugee Protection Act (IRPA), or
• is not genuine.

If officers have concerns as to the genuineness of the relationship between the principal applicant and their spouse or common-law partner, they may request further documentation or information to confirm that the relationship between the dependent spouse or common-law partner and the principal foreign national is genuine and is not a relationship of convenience.

Dependent children and working age

There is no set minimum age to be eligible for a work permit. The submission of work permit applications on behalf of minor children is at the discretion of their parent(s) or authorized guardian(s).

The “working age” varies across provincial and territorial jurisdictions and there is no minimum age specified in the IRPR or the Immigration and Refugee Protection Act (IRPA) for issuing a work permit.

Therefore, unless there are reasonable grounds for an officer to be satisfied that a dependent child is unable to perform the work sought or any other reasons for refusal, minors may be issued a work permit.

Please refer to the instructions on Who qualifies as a dependent child to confirm if an applicant meets the definition of a dependent child in relation to the principal applicant.

Renewals

Renewals – Principal foreign nationals

Principal applicants who have a PR application in process that has not been withdrawn or refused, and who, under the public policy, were granted one of the following:

• extension of temporary resident status, under subsection R181(1); or
• restoration of temporary resident status, under subsection R182(1),

are eligible to extend their temporary status in Canada for up to an additional 3 years under this public policy. The same GCMS coding of the initial application applies.

Principal applicants who have a PR application in process that has not been withdrawn or refused, and who, under the public policy, were issued one of the following:

• a work permit under section R200; or
• a work permit renewal under subsection R201(1),

are eligible to renew their authorization to work for up to an additional 3 years under this public policy. The same GCMS coding of the initial application applies.

Renewals – Family members

Family members included in a principal applicant’s PR application that is in process and has not been withdrawn or refused, and who, under the public policy, were granted one of the following:

• extension of temporary resident status, under subsection R181(1) or
• restoration of temporary resident status, under subsection R182(1)

may extend their temporary resident status in Canada for an additional 3 years under this public policy. The same GCMS coding of the initial application applies.

Family members included in a principal applicant’s PR application that is in process and has not been withdrawn or refused, and who, under the public policy, were issued one of the following:

• a work permit under section R200; or
• a work permit renewal under subsection R201(1); or
• a study permit under section R216; or
• a renewal of a study permit under subsection R217(1),

may renew their authorization to work or study for an additional 3 years under this public policy. The same GCMS coding of the initial application applies.

Processing open work permit applications

These instructions apply to principal foreign nationals and their family members who are submitting their open work permit individually (not as a family group).

Applicants are instructed to input the following in the “Details of intended work in Canada” section of the IMM 5710 form:

Box 1: What type of work permit are you applying for?

Select “Open Work Permit.”

Box 4: “Job title” and “Brief description of duties”

Enter “HCWIP Child Care Workers in Canada PP” or “HCWIP Home Support Workers in Canada PP,” as applicable, in the “Job title” box. Leave the “Brief description of duties” box blank.

• Officers should note that work permit applicants and applicants applying to extend their stay as TRs are given specific instructions on how to complete the applications:
• Applicant instructions can be found here: Out-of-status and unauthorized home care workers

Processing applications to extend the foreign national’s stay or restore their status as visitors

Principal applicants who are extending their stay or restoring their TR status under this public policy and their family members who are applying individually (not applying as a family group) are instructed to input the following in the Details of vist to Canada, in the b) Other box of this Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder [IMM 5708]

On the form, the applicant will enter one of the following 2 options in the job title field:

• HCWIP Child Care Workers in Canada PP
• HCWIP Home Support Workers in Canada PP

Processing family members’ study permit applications

Study permit applicants are not instructed to identify themselves in the study permit application. Refer to Documentary evidence for Family members in Canada.

Fees and refunds

Officers should be aware that both fees are automatically triggered in the online application tool.

To reduce refunds, applicants are instructed to pay the work permit processing fee outside the online tool and upload their receipt under Proof of Fee Exemption. For more information on applicant instructions, consult: Out-of-status and unauthorized home care workers.

Mandatory refunds: For applicants who have paid the open work permit holder fee, officers must initiate a refund of the fees as per normal office procedures.

Refund - Work permit application

If the application is refused, the associated work permit processing fee and restoration fee are not refunded.

Refund - TR extension (to stay as a visitor)

If the application is refused, the associated processing fee and restoration fee are not refunded.

Refund - Study permit (for family members)

If the application is refused, the associated processing fee and restoration fee are not refunded.

Admissibility

The applicant and their family members may only be exempted from the provisions set out in the public policy.

Principal applicants must not be inadmissible for reasons other than the following: 

• misrepresentation (paragraph A40(1)(a)) related to overstaying their temporary resident status and working or studying without authorization
• non-compliance (paragraph A41(a)) for failing to comply with the IRPA, related to overstaying their temporary resident status and working or studying without authorization
• inadmissible family member (paragraph A42(1)(a)) due to misrepresentation (paragraph 40(1)(a)) or non-compliance (paragraph A41(a)), relating to overstaying their temporary resident status or working or studying without authorization

Family members in Canada must not be inadmissible for reasons other than the following:

• misrepresentation (paragraph A40(1)(a)) related to overstaying their temporary resident status or working or studying without authorization
• non-compliance (paragraph A41(a)) for failing to comply with the IRPA, related to overstaying their temporary resident status and working or studying without authorization
• inadmissible family member (paragraph A42(1)(b)) due to the principal applicant being inadmissible for having a family member who is inadmissible due to misrepresentation (paragraph 40(1)(a)) or non-compliance (paragraph A41(a)), relating to overstaying their temporary resident status or working or studying without authorization

Applicants under this public policy are subject to all other applicable eligibility and admissibility requirements not exempted under this or another public policy.

Final decision

Approval of work permit applications

If the work permit application is approved, on the Application screen, officers should enter the following information in the specified fields:

Approval to restore the authorized period of stay as temporary residents (visitors)

If the restoration of status or extension of temporary resident status is approved, then a visitor record outlining the conditions is issued and given to the applicant.

The following remark must be added to the visitor record:

For principal applicants and family members:

The following special program codes should be used:

• CCOSWC – Pending eligibility decision on PR application; or
• HSOSWC – Pending eligibility decision on PR application

Approval of study permit applications (for family members only)

If the study permit application for family members is approved, then a study permit outlining the conditions is issued and given to the applicant.

The following special program codes should be used:

• CCOSWC – Pending eligibility decision on PR application; or
• HSOSWC – Pending eligibility decision on PR application

Refusal

If the decision is to refuse the application, the processing officer must state in a case note their logical, reasonable conclusions. Officers can follow the instructions provided in Decision-making: Standard of review and process for making a reasonable decision.