Temporary public policy to exempt home care workers who have made an application for a permanent resident visa through the Home Care Worker Immigration pilots from certain temporary residence requirements

Full title

Temporary public policy to exempt certain temporary residence requirements for home care workers who have made an application for a permanent resident visa through the “Home Care Worker Immigration (Child Care) Class” or the “Home Care Worker Immigration (Home Support) Class” seeking exemptions under the Temporary public policy to facilitate issuance of permanent resident visas through Stream A of either the “Home Care Worker Immigration (Child Care) Class” or the “Home Care Worker Immigration (Home Support) Class” for certain out-of-status or unauthorized home care workers in Canada

Background

The Temporary public policy to facilitate issuance of permanent resident visas through Stream A of the “Home Care Worker Immigration (Child Care) Class” or the “Home Care Worker Immigration (Home Support) Class” for certain out-of-status or unauthorized home care workers in Canada facilitates the issuance of permanent resident visas for up to 280 home care workers (and their family members) under Stream A of the home care worker immigration (child care) classor the home care worker immigration (home support) class (the home care classes), who would otherwise be deemed ineligible or inadmissible in the context of their application for a permanent resident visa, due to their lack of status or authorization to work. To be eligible for these classes, individuals must meet requirements which include having a genuine job offer, meeting education and language proficiency requirements, and having eligible training or work experience.

Home care workers make a valuable contribution to Canadian families, and their hard work makes a difference in the lives of those they care for, including children, seniors, and persons with disabilities. While much of the sector is supported by those authorized to work in Canada, unauthorized work in the underground economy is also common. Despite their contributions, out-of-status and unauthorized workers in this sector face many barriers that prevent them from fully participating in society.

Public policy considerations

Legal immigration status in Canada is necessary to access employment protections and many social services, such as provincially-funded health care. While permanent residence in Canada will ultimately address many of these barriers, restoring the temporary resident status of out-of-status home care workers, and providing unauthorized workers the ability to work in Canada in the interim, is necessary to address these vulnerabilities sooner.

This additional public policy was developed to allow out-of-status and unauthorized home care workers, who have applied for a permanent resident visa under Stream A of one of the home care immigration classesand to be granted exemptions under the Temporary public policy to facilitate issuance of permanent resident visas through Stream A of either the “Home Care Worker Immigration (Child Care) Class” or the “Home Care Worker Immigration (Home Support) Class” for certain out-of-status or unauthorized home care workers in Canada, to restore their status in Canada and to work legally, while their permanent resident visa application is being processed. Their eligible in-Canada family members may also be granted exemptions required to allow them to restore their status, work or study in Canada, as applicable, under this measure.

Therefore, I hereby establish, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are sufficient public policy considerations that justify the granting of exemptions from the requirements of theActand the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Conditions (eligibility requirements) :

Based on public policy considerations, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

Part 1

The Foreign National:

1. Has made an application for a permanent resident visa under Stream A of one of the home care immigration classes and to be granted exemptions pursuant to the Temporary public policy to facilitate issuance of permanent resident visas through Stream A of the “Home Care Worker Immigration (Child Care) Class” or the “Home Care Worker Immigration (Home Support) Class” for certain out-of-status or unauthorized home care workers in Canada, which has been accepted into processing, and has not been withdrawn or refused;
2. Has submitted an application in Canada for one or more of the following:
   1. a work permit under section 200 of the Regulations; or
   2. extension of temporary resident status, under subsection 181(1) of the Regulations; or
   3. restoration of temporary resident status, under subsection 182(1) of the Regulations;
3. Is physically present in Canada at the time of the application(s) referred to in (ii);
4. Legally entered Canada with temporary resident status on or before December 16, 2021;
5. Has continuously resided in Canada since their authorized entry to Canada referred to in (iv);
6. Was authorized to work on a work permit at some point during their period of residence in Canada referred to in (v);
7. At the time of the application referred to in (ii), does not have authorization to work, and:
   1. does not have valid temporary status; or
   2. is a visitor;
8. Has not made a refugee claim in Canada; and
9. Is not subject to a removal order.

Part 2

The Foreign National:

1. Has been included as an accompanying in Canada family member in an application referred to in Part 1(i);
2. Is a family member – per the definition in subsection 1(3) of theRegulations – of a foreign national who has been found to meet the conditions listed in Part 1;
3. Has submitted an application in Canada for one or more of the following:
   1. a work permit under section 200 of the Regulations; or
   2. a work permit renewal under subsection 201(1) of the Regulations; or
   3. a study permit under section 216 of the Regulations; or
   4. a renewal of a study permit under subsection 217(1) of the Regulations; or
   5. an extension of temporary resident status, under subsection 181(1) of the Regulations; or
   6. restoration of temporary resident status, under subsection 182(1) of the Regulations;
4. Is physically present in Canada at the time of the application(s) in (iii);
5. Has not made a refugee claim in Canada; and
6. Is not subject to a removal order.

Part 3

The Foreign National:

1. Is the principal applicant or an in Canada accompanying family member included in an application referred to in Part 1 (i), on which a final decision is pending, and which has not been withdrawn;
2. Was granted exemptions pursuant to this public policy, which in turn facilitated granting or issuance of one or more of the following:
   1. extension of temporary resident status, under subsection 181(1) of the Regulations; or
   2. restoration of temporary resident status, under subsection 182(1) of the Regulations; or
   3. a work permit under section 200 of the Regulations; or
   4. a work permit renewal under subsection 201(1) of the Regulations; or
   5. a study permit under section 216 of the Regulations; or
   6. a renewal of a study permit under subsection 217(1) of the Regulations; and
3. Has made an application to:
   1. extend their temporary resident status under subsection 181(1) of the Regulations; or
   2. renew a work permit under subsection 201(1) of the Regulations; or
   3. renew a study permit under subsection 217(1) of the Regulations.

Exemptions

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions listed in Part 1 above:

• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay;
• Paragraph 40(1)(a) of the Act – the requirement not to be inadmissible for misrepresentation related to overstaying the period authorized for their stay and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for failing to comply with the Act, as long as the non-compliance only relates to overstaying the period authorized for their stay or working or studying without authorization;
• Paragraph 42(1)(a) of the Act – the requirement not to be inadmissible for having a family member who is inadmissible under paragraph 40(1)(a) of the Act for misrepresentation or under paragraph 41(a) of the Act for non-compliance, as long the inadmissibility only relates to overstaying the period authorized for their stay or working or studying without authorization;
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Section 182 of the Regulations – the requirements that a foreign national must meet in order to restore temporary resident status;
• Section 199 of the Regulations - the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(b) of the Regulations - the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay;
• Paragraph 200(1)(c) of the Regulations - the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization.

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions listed in Part 2 above:

• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay;
• Paragraph 40(1)(a) of the Act – the requirement not to be inadmissible for misrepresentation related to overstaying the period authorized for their stay and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for failing to comply with the Act, as long as the non-compliance only relates to overstaying the period authorized for their stay or working or studying without authorization;
• Paragraph 42(1)(b) of the Act – the requirement not to be inadmissible on grounds of being an accompanying family member of an inadmissible person, if that person is inadmissible under paragraph 40(1)(a) of the Act for misrepresentation or under paragraph 41(a) of the Act for non-compliance, as long as the inadmissibility only relates to overstaying the period authorized for their stay or working or studying without authorization.
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Section 182 of the Regulations – the requirements that a foreign national must meet in order to restore temporary resident status;
• Section 199 of the Regulations - the requirements that a foreign national must meet in order to apply for a work permit after entering Canada;
• Paragraph 200(1)(b) of the Regulations - the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay;
• Paragraph 200(1)(c) of the Regulations - the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization;
• Paragraph 201(1)(b) of the Regulations – the requirement for a renewal applicant to have complied with all conditions imposed on their entry into Canada;
• Section 213 of the Regulations – the requirement to apply for a study permit before entering Canada;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance).

Provisions of the Act and Regulations for which an exemption, if applicable, may be granted to foreign nationals who meet the conditions listed in Part 3 above:

• Subsection 22(2) of the Act – the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay;
• Paragraph 40(1)(a) of the Act – the requirement not to be inadmissible for misrepresentation related to overstaying the period authorized for their stay and working or studying without authorization;
• Paragraph 41(a) of the Act – the requirement for a foreign national not to be inadmissible for failing to comply with the Act, as long as the non-compliance only relates to overstaying the period authorized for their stay or working or studying without authorization;
• Paragraph 42(1)(a) of the Act – the requirement not to be inadmissible for having a family member who is inadmissible under paragraph 40(1)(a) of the Act for misrepresentation or under paragraph 41(a) of the Act for non-compliance, as long the inadmissibility only relates to overstaying the period authorized for their stay or working or studying without authorization.
• Paragraph 42(1)(b) of the Act – the requirement not to be inadmissible on grounds of being an accompanying family member of an inadmissible person, if that person is inadmissible under paragraph 40(1)(a) of the Act for misrepresentation or under paragraph 41(a) of the Act for non-compliance, as long as the inadmissibility only relates to overstaying the period authorized for their stay or working or studying without authorization.
• Subsection 181(2) of the Regulations – the requirement to continue to meet the requirements of section 179 in order to extend temporary resident status;
• Paragraph 200(1)(b) of the Regulations - the requirement for a foreign national to establish that they will leave Canada by the end of the period authorized for their stay;
• Paragraph 200(1)(c) of the Regulations - the requirement to be described under this paragraph of the Regulations;
• Paragraph 200(3)(e) of the Regulations - the requirement that a work permit not be issued to a foreign national who has engaged in unauthorized work or study in Canada or has failed to comply with the conditions of a previous permit or authorization.
• Paragraph 201(1)(b) of the Regulations – the requirement for a renewal applicant to have complied with all conditions imposed on their entry into Canada;
• Paragraph 216(1)(b) of the Regulations – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (study permit issuance).

Fees

Any applicable fees not otherwise exempted, including fees for processing an application for a work permit, study permit or for extension or restoration of temporary resident status must be paid.

Other admissibility and selection criteria

Foreign nationals eligible under this public policy are subject to all other applicable eligibility and admissibility requirements not otherwise exempted.

Effective date and expiration

This public policy takes effect on March 31, 2025 at 12:01 AM and expires five years later. This public policy may be revoked at any time. Complete applications described in part one, two or three where the foreign nation and where the foreign national is seeking exemptions under this public policy after it comes into effect and before it is revoked or expires will be processed for exemption(s) under this public policy.