Over the last several decades, Canada’s caregiver programs have brought migrant workers to  Canada to care for children, the elderly and those with high medical needs, among others.  However, these programs have been the subject of controversy and criticism from policy analysts who have noted the programs’ long processing times, work permit restrictions and barriers to caregivers obtaining permanent residence, among other concerns.  Considering these concerns and Canada’s aging population, Immigration, Refugees and Citizenship Canada (IRCC) has continued to make changes to Canada’s caregiver programs.  The following blog post will describe the caregiver program that recently closed to new applications, and the details IRCC has made public with respect to the upcoming caregiver program, set to launch this fall or early next year.

Paths to Permanent Residence for Caregivers – Transitioning from Temporary Residence to Permanent Residence under the Home Child Care Provider Pilot and the Home Support Worker Pilot

For many foreign nationals, the path to permanent residence has entailed first coming to Canada as a temporary resident before transitioning to permanent residence.  Other foreign nationals have been granted permanent residence upon their arrival in Canada without ever having set foot in the country.  Whereas temporary residents are restricted to whether or where they can work or study, permanent residents have no such restrictions.  Furthermore, not all caregivers in Canada as workers have met or meet the eligibility criteria for permanent residence, leaving many in limbo.  As a result, there are many potential benefits to being granted permanent residence upon arrival in Canada rather than transitioning to permanent residence from temporary residence.

For many years, the caregiver programs have ostensibly required caregivers to first come to Canada as workers before transitioning to permanent residence.  This was the case with the caregiver programs that were recently closed to new applications on June 17, 2924, called the Home Child Care Provider Pilot and the Home Support Worker Pilot.  Launched on June 18, 2019, the goal of these programs was to transition temporary resident workers to permanent residence once the caregivers had obtained a minimum amount of qualifying work experience in Canada.  Without diving into all the details, these programs required caregivers have a qualifying job offer; acquire 24 months of qualifying work experience in Canada; at least a one-year Canadian post-secondary educational credential or foreign equivalent; and meet a Canadian Language Benchmark of 5 in English or French before they could then transition to permanent residence.  Across both programs, only 5,500 applications were accepted for processing each year and as a pilot, the program was limited to a maximum five-year duration. 

In April 2023, IRCC reduced the number of months of qualifying work experience from 24 to 12 before caregivers could qualify to transition permanent residence, and in June 2024, IRCC further reduced the required number months of qualifying work experience from 12 to 6 months.

Although these pilot programs accepted an expected 5,500 applications for processing each year, approximately 5,700 caregivers and their families had become permanent residents as of April 30, 2024.  In other words, caregivers have and are waiting a very long time to first be granted a work permit, and then to be granted permanent residence under these pilots.  As of October 31, 2024, a caregiver applying for a work permit in order to acquire the work experience necessary to then apply for permanent residence could expect to wait approximately 31 to 38 months before a decision is made on their work permit application.  As of October 31, 2024, a caregiver in Canada who met the qualifications to apply for permanent residence could expect to wait approximately 19 to 21 months before a decision is made on their permanent residence application.  These lengthy processing times have been the subject of criticism.

Recently Announced Caregiver Program – What We Know and What We Don’t Know

On June 3, 2024, the Minister of Immigration, Refugees and Citizenship, Marc Miller announced two new caregiver programs that would grant caregivers permanent residence upon their arrival in Canada, and changed the eligibility criteria to include:

• A minimum Canadian Language Benchmark of 4
• A minimum of the foreign equivalent of a Canadian high school diploma
• Recent and relevant work experience
• An offer for a full-time home care job.

The announcement that caregivers will be granted permanent residence upon their arrival in Canada, and lowering the language and education requirements has been welcomed by many. 

IRCC has also announced that these programs will be pilots while IRCC works toward making the programs permanent.  Pilot programs are required by the Immigration and Refugee Protection Act to be governed by Ministerial Instructions, limited to up to 5-years in duration and up to 2,750 principal applicants per year.  In other words, while Minister Miller acknowledges that Canada has an increasing need for caregivers given out aging population, the pilot nature of the program limits the number of applicants that can apply thereunder. 

What we don’t know are the details of the program.  As of November 14, 2024, no further information has been provided on the upcoming programs beyond the original announcement in June.  While Minister Miller announced in June, that the pilots could launch as soon as the fall of 2024, IRCC has not released any further details on the program, including the Ministerial Instructions that will set out the program eligibility criteria, among other details.  While I had hoped that this article would be an opportunity to discuss the program eligibility criteria in more detail, the most that I can do is confirm that we’re still waiting for more information.  Stay tuned