Your gateway to Canada

Immigration Newsweek

By Atty. Henry Moyal

Effective June 18, 2019, Canadian employers will no longer require the notorious LMIA ( Labour Market Impact Assessments) from Service Canada to hire a caregiver. This is a monumental change in policy by Canada Immigration.

As of today, Canada Immigration has announced two new programs that will make it easier for caregivers to become permanent residents and will be issued “occupation specific” work permits and not “employer specific” work permits from overseas.

In particular, the two new programs will be called “ The Home Child Care Provider Program” and “The Home Support Worker Program” which replaces the expiring Caring for Children and Caring for People with High Medical Needs categories.

The way it will work is that a worker who has a job offer in Canada will apply for permanent residence AND a work permit all at the same time from abroad. As well, the applicant’s spouse and children will also be able to obtain work / study visas at the same time and enter Canada with the caregiver. This is a welcome and big change from previous immigration laws that forced workers to come to Canada to work and leave family members behind often resulting in children being left alone or spouse separated for years until the worker obtain permanent residence.

Caregivers will obtain a “occupation specific” work permit to come to Canada. After working for 2 years, they will then notify Canada Immigration who will then finalize the permanent resident application.

These new pilots provide caregivers from abroad and their families with a clear, direct pathway to permanent residence and will be able to become permanent residents quickly.

In brief, to qualify for either of the two programs applicants must still have a job offer ( NO LMIA) and prove  proof of education, language and police clearances.

It is also important to note that:

• The Caring for Children and Caring for People with High Medical Needs categories will expire and close to new applications on June 18, 2019. Caregivers who have applied before this date will continue to have their applications processed through to a final decision.
• Caregivers who have been working toward applying to the soon-to-be-expired pilots can now apply through either the Home Child Care Provider Pilot or the Home Support Worker Pilot.
• Caregivers who are in Canada and have met the 24 month work experience required can apply under the new programs immediately and no job offer is required.
• Caregivers who are currently in Canada with some work experience (but not 24 months yet) can still apply under the new programs now and fall under same program as applicants from abroad

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