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Important Announcement for Temporary Foreign Worker Caregivers

February 27, 2019 Refugee and Immigration Issues

Last week the Government of Canada made an announcement of importance for caregivers who might want to establish permanent residence in Canada.

The announcement establishes an “interim pathway” for temporary foreign worker caregivers. Specifically, the pathway is in place for those who came to Canada and may have expected to obtain permanent residence but do not qualify under other caregiver pathways such as the Caring for Children or the Caring for People with High Medical Needs classes.

The Government says that “this pathway is a recognition of the significant contributions that these caregivers have made to Canadian families, while maintaining minimum requirements for applicants to be able to establish themselves and their families in Canada as permanent residents.”

It is important to note that applications for this short-term pathway are only open for 3 months. Applications will be accepted as of March 4, 2019 until June 4, 2019. Applications received after this date will not be accepted.

According to a Government of Canada website to qualify caregivers must have:

*language skills of at least a Canadian Language Benchmarks (CLB) 5 in English or French;   and

*12 months of full-time work experience in Canada since November 30, 2014 in a relevant occupation;    and

*a minimum of a Canadian high school diploma or non-Canadian educational diploma, certificate or credential that’s equal to a Canadian high school diploma. 

More details can be found at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0103-interim-pathway-caregivers.html

Part of a Larger Announcement

Last year the Government committed to have an improved permanent residence pathway for caregivers in place by this November. That is when the 2014 pilot programs expire.

The government acknowledges that there has been confusion regarding those 2014 policies.

Since November 2014, foreign national caregivers have continued to arrive in Canada believing that they would be eligible for permanent residence after obtaining a temporary work permit and acquiring two years of Canadian work experience.

However, many found out after they arrived in Canada that they did not meet the requirements for permanent residence, including education. And they were not “en route” to permanent residence.

New eligibility criteria and the application process for a new pathway will be announced well before November 2019.

Although there remains much uncertainty, these announcements are “important steps in the right direction,” according to Migrant Care organizations and allies from across Canada. You can read their analysis at http://migrantrights.ca/en/careworkerswinbutstatusneeded/

The Hamilton Community Legal Clinic will provide an update on developments as they become available.

For the time being though, more information on this issue is at https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/interim-pathway-caregivers.html

 

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