In 2022, Canada welcomed over 4,300 caregivers and their family members through dedicated pathways to permanent residence. An additional 2,300 caregivers and their family members (approximately) were admitted this year (to September 30, 2023).
The Association for the Rights of Household and Farm Workers filed an application for authorization of a class action with the Superior Court of Quebec on September 14, 2023. The action is on behalf of temporary foreign migrants that have worked in Canada on or after April 17, 1982, in an employer-specific arrangement, which includes care workers. The application is seeking damages (compensatory and punitive) and declaration of the relevant provisions as unconstitutional.
Key Messages
Caregivers from abroad play an important role in supporting Canadian families who are unable to find the care they need for a family member.
Under the Home Child Care Provider and Home Support Worker pilots, caregivers from abroad are pre-screened for permanent residence requirements before arriving in Canada, ensuring a clear pathway to permanent residence for themselves and their families. Caregivers can also change employers as necessary, which reduces their vulnerability.
As of April 30, 2023, the amount of in-Canada work experience required for a caregiver to qualify for permanent residence has been reduced from 24 months to 12 months. Caregivers and their families will now benefit from a faster path to permanent residence.
Supplementary Information
In Canada, the rights of all workers - including temporary foreign workers - are protected by law. Temporary foreign workers have the same rights and workplace protections as Canadians and permanent residents. Information is provided on IRCC’s website to direct temporary foreign workers on how to report workplace abuse.
There are approximately 5,700 caregivers in Canada who still hold work permits tied to their employers.
These caregivers have access to facilitative measures that support all newcomers who hold employer-specific work permits. In particular, caregivers have access to Open Work Permits for Vulnerable Workers, which allow workers to leave abusive situations, and the Changing Employers Public Policy, which allows workers to begin working with a new employer more quickly.
Canada benefits immensely from the work done by caregivers and will continue to rely on their work beyond the expiry of the pilots. The Department is evaluating the future of caregiver programming with an eye to 2024 and beyond.
