Immigration Newsweek
Immigration Newsweek
By Atty. Henry Moyal
- I recently started a new business. It is an agency with offices in Toronto and Montreal. I have lots of connections in Hong Kong and Saudi Arabia to bring in lots of caregivers and Home Support Workers under the new pilot program. The workers would be placed in private homes, nursing homes and governments institutions in Canada (wherever old people live who need Home Care).
Under the new home support worker pilot the NOC code is 4412 which states that the workers can be self-employed.
Can I submit an application under the Home Support Worker program where the workers will be employed in nursing homes?
- Starting a new business can indeed be exciting and challenging. It is important to know the rules and regulations as it pertains to each province and when applying under the Immigration Refugee and Protection Act. The important ones include the following: In Ontario, it is against the law to charge a fee to a worker for a job placement. In Quebec, the Regulation on Personnel Placement Agencies and Recruitment Agencies for Temporary Foreign Workerswhich came into force on January 1, 2020 requires personnel placement agencies and recruitment agency for temporary foreign workers in Quebec to file and obtain a license with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (“CNESST”) to practice.
With regard to immigration law, you are correct that the applicable NOC for the Home Support Worker Pilot is NOC 4412 which states:
4412 – Home support workers, housekeepers and related occupations
Home support workers
provide personal care and companionship for seniors, persons with disabilities
and convalescent clients. Care is provided within the client’s residence, in
which the home support worker may also reside. They are employed by home care
and support agencies, private households, or they may be self-employed.
Housekeepers perform housekeeping and other home management duties in private
households and other non-institutional, residential settings.
However, under the pilot program the Home Support Worker must be employed by individuals and families – not agencies or Nursing Homes.
To clarify further, the intent of the Home Child Care Provider and Home Support Worker Pilots is to meet the needs of private individuals and families requiring full time care in their own home.
Group home settings, including retirement homes as well as daycares to do not qualify under the pilots as the place of work must be a private residence.
- I came to Canada as a student. I completed my two year course but did not yet apply for a post graduate work permit. I want to do so but my study permit already expired. Do I need to have a valid study permit to apply for my open work permit? Some of my friends say yes and some say no. I’m confused.
- It used to be that to get a Post Graduate Work Permit (PGWP), you had to have a valid study permit. That is no longer the case. While student status is no longer required to apply for a PGWP, study permit holders who do not apply for a PGWP or to change their status or leave Canada before their study permit expires would be in Canada without valid status. They would therefore need to apply for restoration prior to submitting a PGWP application from inside Canada.
In this situation, submit an application to restore status at the same time as an application for a PGWP.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
