Facilitating Permanent Resident Visas for Out-of-Status Home Care Workers in Canada: Temporary Public Policy

Full title

Temporary Public Policy to Support Permanent Residency for Certain Out-of-Status or Unauthorized Home Care Workers Under Stream A of the Home Care Worker Immigration (Child Care and Home Support) Classes in Canada

Context and Rationale

The Home Care Worker Immigration (Child Care) Class and the Home Care Worker Immigration (Home Support) Class, introduced on March 31, 2025, provide pathways to permanent residence for individuals with relevant training or work experience in child care and home support occupations. To qualify, applicants must meet specific criteria, including a genuine job offer, educational and language proficiency requirements, and eligible work experience or training. Additionally, those applying under Stream A must hold authorized worker status in Canada.

Home care workers play a critical role in supporting children, seniors, and persons with disabilities, contributing significantly to Canadian families. However, despite the presence of authorized workers in the sector, unauthorized work remains prevalent due to increasing demand driven by an aging population and evolving child care needs. Studies indicate that many out-of-status or unauthorized workers may be unaware of their rights or reluctant to assert them, leaving them excluded from workplace protections and vulnerable to exploitation, abuse, and human trafficking. Their dependency on employers for housing and basic necessities further exacerbates their precarious situation.

This temporary public policy acknowledges these challenges and aims to provide a pathway to permanent residency for eligible out-of-status or unauthorized home care workers, recognizing their essential contributions to Canadian society.

Policy Rationale and Considerations

This public policy acknowledges the economic and social contributions of child care and home support workers who lack legal immigration status or work authorization. It facilitates 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, along with their family members.

By offering a pathway to permanent residency for individuals who have worked in the sector but have not maintained their status or work authorization, this policy aims to stabilize the workforce, support Canadian families, and contribute to tax revenue. Additionally, providing out-of-status or unauthorized home care workers with permanent resident status reduces their vulnerability in the labor market, granting them the ability to assert their rights and change employers as needed.

Therefore, under section 25.2 of the Immigration and Refugee Protection Act (the Act), I determine that there are sufficient public policy considerations to justify granting exemptions from the Act, the Immigration and Refugee Protection Regulations, and the Ministerial Instructions related to the Home Care Worker Immigration (Child Care) Class and the Home Care Worker Immigration (Home Support) Class, for foreign nationals who meet the eligibility requirements outlined below.

Part 1 – Eligibility Requirements for Principal Applicants

In accordance with public policy considerations, delegated officers may grant exemptions from the Immigration and Refugee Protection Act, Regulations, and Ministerial Instructions when assessing permanent resident visa applications, provided the foreign national meets the following conditions:

The applicant must:

1. Submit an application through the designated process established by the Department for individuals applying for a permanent resident visa under Stream A of the Home Care Worker Immigration (Child Care) Class or the Home Care Worker Immigration (Home Support) Class, while also seeking exemptions under this public policy.
   
2. Be physically present in Canada at the time of submitting the application.
   
3. Have legally entered Canada with temporary resident status on or before December 16, 2021.
   
4. Have continuously resided in Canada since their authorized entry.
   
5. Have held work authorization at some point during their period of residence in Canada.
   
6. At the time of application, either:
   
   • Lack authorization to work and have no valid temporary resident status, or
     
   • Hold visitor status.
     
7. Not be subject to a removal order.
   
8. Not have made a refugee claim in Canada.

Part 2  Eligibility Criteria for Exemptions Under the Public Policy

Under this public policy, delegated officers may grant exemptions from the Immigration and Refugee Protection Act and Regulations when processing a permanent resident visa application for an accompanying family member, provided they meet the following conditions:

1. Included in the principal applicant’s application for a permanent resident visa under Stream A of the Home Care Worker Immigration (Child Care) Class or the Home Care Worker Immigration (Home Support) Class, while also seeking exemptions under this public policy.
   
2. Physically present in Canada at the time the application is submitted.
   
3. Meet the definition of a “family member” as outlined in subsection 1(3) of the Regulations.
   
4. A delegated officer has determined that the principal applicant meets all eligibility requirements under this public policy and has been granted the necessary exemptions.
   
5. Not be subject to a removal order.
   
6. Not have made a refugee claim in Canada.

Part 3 – Eligibility Requirements for Accompanying Family Members Outside Canada

Under this public policy, delegated officers may grant exemptions from the Immigration and Refugee Protection Act and Regulations when processing a permanent resident visa application for an accompanying family member outside Canada, provided they meet the following conditions:

1. Included in the principal applicant’s application for a permanent resident visa under Stream A of the Home Care Worker Immigration (Child Care) Class or the Home Care Worker Immigration (Home Support) Class, while also seeking exemptions under this public policy.
   
2. Physically outside Canada at the time of application submission.
   
3. Meet the definition of a “family member” as outlined in subsection 1(3) of the Regulations.
   
4. A delegated officer has determined that the principal applicant meets all eligibility requirements under this public policy and has been granted the necessary exemptions.

Applicable Exemptions

Exemptions Granted Under the Public Policy

Foreign nationals who meet all eligibility conditions outlined in Part 1 may be granted exemptions from the following provisions of the Immigration and Refugee Protection Act, Regulations, and Ministerial Instructions:

• Subparagraph 2(2)(a)(ii) of the Ministerial Instructions – Exempts applicants from the requirement to be authorized for full-time, non-seasonal work in Canada at the time of their application.
  
• Paragraph 5(2)(e) of the Ministerial Instructions – Exempts applicants from the requirement to have been authorized to work in Canada and held temporary resident status when acquiring the required work experience in Canada.
  
• Paragraph 40(1)(a) of the Act – Exempts applicants from inadmissibility due to misrepresentation related to overstaying their authorized period of stay or working/studying without authorization.
  
• Paragraph 41(a) of the Act – Exempts applicants from inadmissibility for non-compliance with the Act, provided the non-compliance relates only to overstaying their authorized stay or working/studying without authorization.
  
• Paragraph 42(1)(a) of the Act – Exempts applicants from inadmissibility due to having a family member who is inadmissible under:
  
  • Paragraph 40(1)(a) (misrepresentation) or
    
  • Paragraph 41(a) (non-compliance) related to overstaying authorized stay or working/studying without authorization.

Exemptions Applicable to Accompanying Family Members in Canada

Accompanying family members who meet all eligibility conditions outlined in Part 2 may be granted exemptions from the following provisions of the Immigration and Refugee Protection Act:

• Paragraph 40(1)(a) of the Act – Exempts applicants from inadmissibility due to misrepresentation related to overstaying their authorized stay or working/studying without authorization.
  
• Paragraph 41(a) of the Act – Exempts applicants from inadmissibility for non-compliance with the Act, provided the non-compliance only relates to overstaying their authorized stay or working/studying without authorization.
  
• Paragraph 42(1)(a) of the Act – Exempts applicants from inadmissibility due to having a family member who is inadmissible under:
  
  • Paragraph 40(1)(a) (misrepresentation) or
    
  • Paragraph 41(a) (non-compliance) related to overstaying authorized stay or working/studying without authorization.
    
• Paragraph 42(1)(b) of the Act – Exempts applicants from inadmissibility as an accompanying family member of an inadmissible person, provided the person’s inadmissibility is under:
  
  • Paragraph 40(1)(a) (misrepresentation) or
    
  • Paragraph 41(a) (non-compliance) related to overstaying authorized stay or working/studying without authorization.

Exemptions Applicable to Accompanying Family Members Outside Canada

Accompanying family members outside Canada who meet all eligibility conditions outlined in Part 3 may be granted exemptions from the following provisions of the Immigration and Refugee Protection Act:

• Paragraph 42(1)(a) of the Act – Exempts applicants from inadmissibility due to having a family member who is inadmissible under:
  
  • Paragraph 40(1)(a) (misrepresentation) or
    
  • Paragraph 41(a) (non-compliance) related to overstaying authorized stay or working/studying without authorization.
    
• Paragraph 42(1)(b) of the Act – Exempts applicants from inadmissibility as an accompanying family member of an inadmissible person, provided the person’s inadmissibility is under:
  
  • Paragraph 40(1)(a) (misrepresentation) or
    
  • Paragraph 41(a) (non-compliance) related to overstaying authorized stay or working/studying without authorization.

Fees

All applicable fees, including processing fees and the Right of Permanent Residence fee, must be paid unless otherwise exempted.

Additional Admissibility and Selection Criteria

Foreign nationals eligible under this public policy must meet all other applicable eligibility and admissibility requirements not covered by the exemptions.

Application Process and Submission Method

A maximum of 140 applications under Stream A of the Home Care Worker Immigration (Child Care) Class and 140 applications under Stream A of the Home Care Worker Immigration (Home Support) Class may seek exemptions under this public policy. For each class, up to 125 applications may be submitted online, while up to 15 applications may be submitted through alternative methods provided by the Department.

Implementation Date and Expiry

This public policy takes effect at 12:01 AM on March 31, 2025, and will expire on December 31, 2025, or once 280 principal applicants (140 under the Home Care Worker Immigration (Child Care) Class and 140 under the Home Care Worker Immigration (Home Support) Class) have submitted applications seeking exemptions under this policy—whichever comes first.

The public policy may be revoked at any time. Complete applications received after its implementation and before its revocation or expiration will be processed under this policy, subject to the application caps for each class.