Out-of-status and unauthorized home care workers

If you’re a home care worker without status in Canada or authorization to work, you may be eligible for the Home Care Worker Immigration pilots under a public policy.

On this page:

• About the public policy
• Eligibility
• How to apply
• Restore or extend your status and get a work permit

About the public policy

This public policy exempts a small group of applicants from certain requirements of the Workers in Canada stream. This means that you could still be eligible for the Workers in Canada stream even if

• you don’t have legal status in Canada and are not authorized to work
• you have legal status in Canada as a visitor, but are not authorized to work
• your previous work experience in Canada as a home care worker was
  • not authorized or
  • not gained while you had temporary resident status

You can include accompanying family members in Canada on your application, even if they have overstayed their temporary resident status or worked or studied without authorization.

You must still meet:

• all other requirements of the Home Care Worker Immigration pilots
• the requirements of the public policy below

Eligibility

Who’s eligible

You must meet these requirements to qualify:

• You’re in Canada when you apply.
• You do not have authorization to work and you
  • don’t have temporary resident status or
  • are a visitor
• You must have entered Canada legally on or before December 16, 2021, and lived here continuously since then.
• You had a work permit at some point during that period.
• You’re not inadmissible to Canada for reasons other than
  • overstaying your temporary resident status
  • working or studying without authorization
  • having a family member who overstayed their temporary resident status or worked or studied without authorization

Who’s not eligible

You’re not eligible for the public policy if any of these situations apply:

• You started living in Canada after December 16, 2021.
• You made a refugee claim.
• You’re under a removal order.
• You’re currently in Canada on a study permit.
• You haven’t had a valid work permit at any point during your current period of residence in Canada. Work permits before this period of residence don’t count.

How to apply

1. In the Permanent Residence Portal, choose either:
   • HCWIP: Child Care – Workers in Canada – Public Policy
   • HCWIP: Home Support – Workers in Canada – Public Policy
2. Provide the required forms and documents listed on the Document Checklist: Home Care Worker Immigration Pilots: Workers in Canada – Public Policy (IMM 0273).
3. Follow the steps to complete and submit your application.

Restore or extend your status and get a work permit

If you applied for permanent residence under the Workers in Canada stream of 1 of the Home Care Worker Immigration pilots, you may be eligible to restore or extend your status in Canada and get an open work permit.

Your accompanying family members may also be eligible to restore or extend their status in Canada and

• get an open work permit
• get a study permit or
• remain in Canada as a visitor

Who’s eligible

To be eligible for status restoration and a work permit, your application for permanent residence must have entered into processing. We’ll let you know when that’s the case by sending you an acknowledgement of receipt letter.

You may be eligible to restore or extend your status and get a work permit even if you

• lost your status as a worker for more than 90 days
• are in Canada as a visitor

Your family members in Canada may be able to restore or extend their status and get an open work permit or a study permit even if they

• have been without status for more than 90 days
• are in Canada as a visitor

We’ll provide more details soon on how to apply.