CAREGIVER PROGRAMS: Home Child Care Provider Pilot and Home Support Worker Pilot

Canadian immigration programs aimed at foreign caregivers have gone through many changes over the years and continue to be a ‘work in progress’ for each consecutive government. The rise in demand for caregivers for young children, people with disabilities, and increasing seniors, only makes the need for an effective program more evident.

Currently there are two programs, which allow Canadian citizens and permanent residents living outside of Quebec, to hire foreign caregivers to work in their homes:

  1. Home Child Care Provider Pilot aimed at those who work with young children under the age of 18. Applicable NOC is 4411, it is important for the applicant to check employment and education requirements under this NOC to ensure meeting basic criteria.

  2. Home Support Worker Pilot aimed at those who work with seniors, persons with disabilities and convalescent patients. Applicable NOC is 4412, it is important for the applicant to check employment and education requirements under this NOC to ensure meeting basic criteria.

Both programs are multi-step applications allowing the applicant with a Canadian offer of employment in these occupations to apply for a work permit and permanent residence at the same time. Applicant’s dependents are allowed to submit applications together for dependent visa issuances.

Provided that the applicant meets all eligibility criteria to successfully perform the job requested in the application and doesn’t have inadmissibility concerns, they will be issued an occupation-specific work permit for three years. Spouses/common-law partners and/or children will be eligible for open spousal work permit and study permits or visitor records issued to the same duration.

In order for the permanent residence application to be processed, the applicant is expected to complete 24 months of cumulative work experience and submit proof of employment to the processing office. Only then, will the permanent residence application be reviewed to reach a final decision.

Under the new programs, employers are no longer required to obtain a Labour Market Impact Assessment (LMIA) before hiring the foreign caregiver. More importantly for the applicants, the work permit issued under this category is occupation-specific (Home Child Care Provider or Home Support Worker) and does not mention employer’s name. This allows the caregiver to change employers while in Canada, provided that their occupation remains the same. Furthermore, caregivers are not forced to be living with the employer, however if the arrangement requires for such, this can be discussed between the employer and the caregiver.

If you are looking for a Canadian Immigration Lawyer that can assist you with your matter, there is no need to look any further. At UL Lawyers, for all immigration matters, we offer free consultation for the first 15 minutes and in the event our law firm is retained, we will credit the consultation fee towards your legal fees. For more information, you can contact us via telephone or WhatsApp at 1-905-744-8888 or email us at info@ullaw.ca. We look forward to assisting you with your immigration matter.

PROGRAM REQUIREMENTS

Applicant Requirements

Requirements for the Home Child Care Provider Pilot and the Home Support Worker Pilot are virtually the same. The only difference between the programs is the type of qualifying work experience required to obtain permanent residence as described under National Occupation Classification (NOC).

National Occupation Classification is a list of all the occupations in the Canadian labor market. It describes each job according to skill type and skill level. This website is the best source to learn about education and employment requirements for every NOC. Home Child Care Provider falls under NOC 4411, and Home Support Worker falls under NOC 4412. To be approved for permanent residence, caregivers will need to demonstrate that they have 24 months of experience in Canada, performing actions and duties identified in the initial lead statement of the NOC description.

Applicants will be submitting 2 applications at the same time: an application for an occupation-specific work permit and application for permanent residence. Occupation-specific work permit means that applicants can only work in the occupation that is mentioned on their work permits. Application for permanent residence will be placed on hold until the applicant completes 24 months of eligible work experience and submits proof to the processing office.

Besides obtaining a valid job in Canada as a Home Child Care Provider or a Home Support Worker, the applicant must also meet the following criteria:

  • Language requirements – to be demonstrated by IRCC-approved language tests and have a minimum score of CLB 5 in English or NLCL 5 in French. The test must have been taken within two years of submitting the application.
    • Approved language tests are IELTS and CELPIP for English, TEF and TCF for French.

  • Education – proof of completion of post-secondary education credential of at least 1 year in Canada OR a valid education credential assessment report for post-secondary education obtained outside of Canada. A list of approved organizations to complete education assessment is mentioned at the bottom of this page;

  • Work experience – demonstrate previous applicable experience as a Home Child Care Provider or Home Support Worker, depending on the pilot they are applying under;
    • Under Home Child Care Provider, experiences such as foster parents, self-employed or full-time students are not eligible.
    • Under Home Support Worker, experiences such as housekeepers, self-employed or full-time students are not eligible.

  • Must be admissible to Canada against financial, health and criminal factors per IRCC (Immigration, Refugee and Citizenship Canada) regulations.

Employer Requirements

To be able to hire a caregiver under both programs, Canadian employers must provide a full-time, non-seasonal offer of employment in either occupation, and be hiring outside of the province of Quebec.

The offer must be made using the Offer of Employment: Home Child Care Provider Pilot and Home Support Worker Pilot form (IMM 5983), which can be found on the Immigration, Refugees and Citizenship Canada’s (IRCC) website.

The offer must be genuine and likely to be valid when the applicant is issued the initial occupation-specific open work permit. When assessing if the offer is genuine, immigration officers review the following:

  • Need for a caregiver (household composition);
  • The caregiver’s proposed salary and how it compares to wages offered in the region for those in the same occupation;
  • Employer’s ability to pay the agreed upon wages;
  • In cases of “live-in” arrangement – review of accommodations to be provided.

The Offer of Employment must be signed by both the employer and the applicant. The final signed version must be provided to the applicant at the time of the submission of their application for permanent residence and work permit.

Need for a Caregiver

To demonstrate the need for a caregiver, employers must provide proof that their dependent needs care, by including any of the following documents:

  1. Home Child Care Providers: age and parentage for a child under 18 years - birth certificate, adoption certificate, official guardianship, or doctor's note confirming pregnancy;
  2. Home Support Worker: age of senior - birth certificate, passport, old age security identification card;
  3. Home Support Worker: disability for disabled person - completed medical disability certificate, or physician note proving that the patient has disability.

Business Number for Employers

Business number is a 9-digit identifier assigned to an Employer by Canada Revenue Agency for tax purposes. Canadian citizens or permanent residents who want to hire a caregiver are considered to be employers and must obtain a valid business number.

The business number allows for the employer to:

  • Apply for the caregiver program;
  • Pay the caregiver’s wage, including vacation pay;
  • Make deduction from the wage as prescribed by the law and the pilot programs;
  • Issue pay-stubs, statements and remuneration paid (T4).

A valid business number must be obtained before the applications are submitted for processing.

If you are looking for a Canadian Immigration Lawyer that can assist you with your matter, there is no need to look any further. At UL Lawyers, for all immigration matters, we offer free consultation for the first 15 minutes and in the event our law firm is retained, we will credit the consultation fee towards your legal fees. For more information, you can contact us via telephone or WhatsApp at 1-905-744-8888 or email us at info@ullaw.ca. We look forward to assisting you with your immigration matter.

Educational Credential Assessment

An educational credential assessment (ECA) is used to verify that the applicant’s foreign degree, diploma, or certificate is valid and equal to a Canadian standard. A valid ECA certificate must be obtained in order to create an Express Entry profile and gain points for education received outside of Canada. The assessment must be completed by approved organizations such as:

For details regarding processing, fees and required documents, applicants must contact the organization directly.