Temporary public policy to facilitate issuance of permanent resident visas through the Home Care Worker Immigration pilots for certain out-of-status or unauthorized home care workers in Canada

Full title

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

Background

The Home Care Worker Immigration (Child Care) Class and the Home Care Worker Immigration (Home Support) Class (home care worker immigration classes), launched on March 31, 2025, provide pathways to permanent residence for individuals with work experience or training in certain child care and home support occupations. To be eligible, individuals must meet requirements which include having a genuine job offer, meeting education and language proficiency requirements, and having eligible training or work experience. Individuals applying within Stream A of either of these classes must also be authorized to work in Canada.

Home care workers are invaluable 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 due to demands for workers in the sector resulting from an aging population and diverse child care needs. Research suggests that many out-of-status or unauthorized workers may be unaware of their employment rights or are hesitant to exercise them, and may not benefit from workplace regulations, putting them at increased risk of abuse and human trafficking. Home care workers are particularly vulnerable, as many are dependent on their employer for housing and other basic necessities.

Public policy considerations

This public policy recognizes the economic and social contributions of child care and home support workers who lack legal immigration status or authorization to work by facilitating the issuance of permanent resident visas for up to 140 individuals under Stream A of the home care worker immigration (child care) class and up to 140 individuals under Stream A of the home care worker immigration (home support) class, in addition to their family members.

Providing a pathway for permanent residence for those who have not maintained their status or work authorization but have worked in the sector, will help stabilize the sector’s workforce and contribute tax revenue while supporting Canadian families. At the same time, providing out-of-status or unauthorized home care workers with a path to permanent residence helps to address their vulnerability in the labour market. Once they are permanent residents, they will have more freedom to exercise their rights and change employers, if needed.

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 theAct and the Immigration and Refugee Protection Regulations (the Regulations), as well as the Ministerial Instructions with Respect to the Home Care Worker Immigration (Child Care) Class and the Ministerial Instructions with Respect to the Home Care Worker Immigration (Home Support) Class (the Ministerial Instructions), listed below to foreign nationals who meet the conditions (eligibility requirements) set out below.

Part 1 - Conditions (eligibility requirements)applicable to principal applicants:

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 Act, Regulations, and Ministerial Instructions identified below when a foreign national meets the following conditions:

The Foreign National:

1. Has made an application through the means specifically made available by the Department and further described below, for applicants seeking to apply for a permanent resident visa under Stream A of the Home Care Worker Immigration (Child Care) classor the Home Care Worker Immigration (Home Support) class and seeking to be granted exemptions under this public policy;
2. Is physically present in Canada at the time the application referred to in (i) was made;
3. Legally entered Canada with temporary resident status on or before December 16, 2021;
4. Has continuously resided in Canada since their authorized entry to Canada referred to in (iii);
5. Was authorized to work on a work permit at some point during their period of residence in Canada referred to in (iv);
6. At the time of the application referred to in (i), does not have authorization to work and
   1. does not have valid temporary resident status; or
   2. is a visitor;
7. Is not subject to a removal order; and
8. Has not made a refugee claim in Canada.

Part 2 - Conditions (eligibility requirements) applicable to accompanying family members in 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 Act and Regulations pursuant to this public policy if they meet the following conditions:

1. Has been included as an accompanying family member in an application by a principal applicant referred to under Part 1 for a permanent resident visa under Stream A of the Home Care Worker Immigration (Child Care) classor the Home Care Worker Immigration (Home Support) classand seeking to be granted exemptions under this public policy;
2. Is physically present in Canada at the time the application referred to in (i) was made;
3. Meets the definition of a “family member” in subsection 1(3) of the Regulations;
4. A delegated officer has determined that the principal applicant referred to in Part 1 meets all conditions (eligibility requirements) pursuant to this public policy and has been granted the exemptions sought;
5. Is not subject to a removal order; and
6. Has not made a refugee claim in Canada.

Part 3 - Conditions (eligibility requirements) applicable to accompanying family members outside of 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 Act and Regulations pursuant to this public policy if they meet the following conditions:

1. Has been included as an accompanying family member in an application by a principal applicant referred to under Part 1 for a permanent resident visa under Stream A of the Home Care Worker Immigration (Child Care) classor the Home Care Worker Immigration (Home Support) classand seeking to be granted exemptions under this public policy;
2. Is outside of Canada at the time the application referred to in (i) was made;
3. Meets the definition of a “family member” in subsection 1(3) of the Regulations; and
4. A delegated officer has determined that the principal applicant referred to in Part 1 meets all conditions (eligibility requirements) pursuant to this public policy and has been granted the exemptions sought.

Exemptions

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

• Subparagraph 2(2)(a)(ii) of the Ministerial Instructions - the requirement to be authorized for full-time and for non-seasonal work in Canada at the time of their application referred to in Part 1(i).
• Paragraph 5(2)(e) of the Ministerial Instructions - the requirement that the applicant was authorized to work in Canada and had temporary resident status when the required work experience was acquired in Canada.
• Paragraph 40(1)(a) of the Act - the requirement not to be inadmissible for misrepresentation related to overstaying the period authorized for their stay or working or studying without authorization.
• Paragraph 41(a) of the Act – the requirement 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.

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

• Paragraph 40(1)(a) of the Act - the requirement not to be inadmissible for misrepresentation related to overstaying the period authorized for their stay or working or studying without authorization.
• Paragraph 41(a) of the Act - the requirement 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 and 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) 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.

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

• 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) 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.

Fees

Any applicable fees not otherwise exempted, including fees for processing of the application(s) and the Right of Permanent Residence fee, 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.

Intake and means of application

Up to 140 applications from applicants applying under Stream A of the Home Care Worker Immigration (Child Care) class may seek exemptions pursuant to this public policy. Up to 140 applications from applicants applying under Stream A of the Home Care Worker Immigration (Home Support) class may seek exemptions pursuant to this public policy. For each class, up to 125 applications may be submitted online and up to 15 applications may be submitted by alternate means made available by the Department.

Effective date and expiration

This public policy takes effect at 12:01 AM on March 31, 2025 and expires on December 31, 2025 or after 280 principal applicants have made an application, for a permanent resident visa under Stream A of the home care worker immigration (child care) class (140 individuals) or the home care worker immigration (home support) class 140 individuals) and seeking to be granted exemptions under this public policy, through the means specified above, which ever comes first.

This public policy may be revoked at any time. The above mentioned and complete applications received after this public policy  comes into effect and before it is revoked or expires will be processed for sought exemptions under this public policy, subject to the cap on the number of applications that may be submitted under each class.