Temporary public policy to facilitate the granting of permanent residence for caregivers who applied under the Home Child Care Provider or Home Support Worker Class in 2020.
Two months ago I wrote an article regarding the two new pilots under the Caregiver Program introduced in June 2019 and the delay in the processing of applications submitted under the Home Child Care Provider Pilot and Home Support Worker Pilot.
On May 3, 2021, Canada’s Minister of Immigration, Refugees and Citizenship, Hon. Marco Mendecino, announced a temporary public policy to facilitate the granting of permanent residence for caregivers who applied under the Home Child Care Provider Pilot and Home Support Worker Pilot. The two Pilots were opened for applications on June 18, 2019 and will run until June 17, 2024. These Pilots were designed to provide a clear, direct pathway to permanent residence for foreign in-home caregivers.
The public policy aims to facilitate the granting of permanent residence for caregivers who applied under the two Pilot in 2020, but whose application was not entered into processing due to delays related to the COVID-19 pandemic. IRCC said that the pandemic caused great disruption to life in Canada and around the world, including the processing of applications. What this means is that most applications received in 2020 under these Pilots could not be processed during that year. Without this public policy, significant negative impacts on future processing limits and on applicants
would have resulted, including multiple year processing delays, and uncertainty for both the caregiver and the families who employ them.
Pursuant to section 25.2 of the Immigration and Refugee Protection Act (IRPA), there are sufficient public policy considerations that justify the granting of permanent resident status or an exemption from certain requirements of the Immigration and Refugee Protection Regulations (IRPR), to foreign nationals who meet the eligibility criteria and conditions listed below:
Conditions (eligibility requirements) applicable to principal applicants
Based on public policy considerations, delegated officers may grant permanent resident status to foreign nationals who meet the following conditions.
The foreign national:
a. Has submitted an application under the Home Child Care Provider Class or Home Support Worker Class that:
i. was received by Immigration, Refugees and Citizenship Canada in 2020; and,
ii. was not reviewed in 2020 to ensure that the application met the requirements specified in section 10 of the Regulations and according to the application kit requirements in place at the time the application was received by the designated office;
b. Meets the eligibility criteria of the pilot class in which they had applied;
c. Is not inadmissible pursuant to the Act and the Regulations.
For the purpose of assessing (b), the date the application is made is deemed to be the date on which the application described in (a) was received by the designated office. This same date is also to be used as the lock-in date for the purpose of determining whether a child is a dependent child when assessing the eligibility of the family members below.
Conditions (eligibility requirements) applicable to family members in Canada:
In-Canada family members of a principal applicant under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions:
1. the foreign national is in Canada;
2. the foreign national has been included as an accompanying family member in an application for permanent residence described in (a) which is being processed under this public policy;
3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations;
4. the foreign national is not inadmissible pursuant to the Act and the Regulations; and
5. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) to receive permanent residence pursuant to this public policy.
Conditions (eligibility requirements) applicable to family members outside Canada:
Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national meets the following conditions:
1. the foreign national residing outside Canada has been included as an accompanying family member in an application described in (a) which is being processed under this public policy;
2. the foreign national meets the definition of family member in subsection 1(3) of the Regulations;
3. the foreign national is not otherwise inadmissible pursuant to the Act and the Regulations; and
4. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) to receive permanent residence pursuant to this public policy.
IRCC announced a processing plan for 2021, and strives to finalize permanent residence applications for up to 6,000 caregivers who have completed their in-Canada work experience and their immediate family members, by December 31,2021 and to make at least 1,500 first-stage decisions on applications for the Home Child Care Provider and Home Support Worker pilots by June 30, 2021- prioritization of these decisions will allow more caregiver work permits to be issued for those who have valid job offers to work for families in Canada.
With the public policy and the processing plan for 2021,we are now assured that there is hope in the horizon for both the applicants and the families (Employers) who employ these caregivers.
If you have questions regarding the above article you may contact Marjorie at [email protected]
Source: Immigration, Refugees and Citizenship Canada (IRCC), IRPA, IRPR
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of ICCRC. The views expressed in this article do not necessarily reflect those of RCIC’s.
