Filipiniana News
– August 2019
by
Maria Deanna P. Santos
As reported last month, the IRCC had
launched the Home Child Care Provider (HCP) and the Home Support Worker (HSW)
pilot programs which replaced the previous Caring for Children and Caring for
People with High Medical Needs pathways.
This meant that effective 18 June 2019:
1.
IRCC will not anymore accept permanent residence applications under the
Caring for Children and Caring for People with High Medical Needs pathways
2.
Caregivers from inside or outside of Canada must submit their work
permit or permanent residence applications under the new HCP and HSW pilot
programs
3.
IRCC will not anymore process
initial work permit applications from outside of Canada under the
temporary foreign worker programs for LMIA applications that were submitted
after 18 June 2019
About a month after the announcement in June
2019, the IRCC revised the instructions which previously required "proof
of funds" for applicants under the new caregiver pilots. It clarified that there are no additional
financial requirements for caregivers who will apply for work permits and/or
permanent residence under the HCP and HSW pilot programs. Similar to the other economic class programs,
if the applicant caregiver has a guaranteed job offer or is already employed in
Canada, they will not need to provide evidence of funds corresponding to the
low-income-cut-off level for their family size.
Furthermore, the IRCC stated that the
disclosure of the employer's income in the offer of employment to the caregiver
is now optional. However, this
information may still be required by IRCC at a later time, as it deems
necessary.
All other requirements for the new caregiver
pilots, including: 1. education that is equivalent to a completed one-year
Canadian postsecondary credential, 2. a minimum score of CLB 5 in an official
English (or French) language test, and 3. two years of full time work within
the last three years, remain. Despite
strong clamor from caregiver advocates to remove if not reduce the education
and language requirements, IRCC appears steadfast in keeping these requirements
as they are perceived to be necessary in ensuring that the caregivers and their
families will integrate more quickly in the Canadian work force.
In light of these developments, what are the
options for caregivers already in Canada who may not meet the requirements
under the new pilot programs?
For now, there is the Interim Pathway for
Caregivers which had been extended for another three months, or from 8 July
2019 to 8 October 2019. This
alternative pathway to permanent
residence is for caregivers who 1. are authorized to work in Canada, 2.
completed at least a year of authorized full time work as a caregiver (instead
of 2 years, under the existing pilots), 3. have completed the equivalent of at
least a completed high school education (instead of one year postsecondary
credential), 4. obtained a minimum score of CLB 5 in an official English or
French language test, and 5. is not inadmissible for any reason.
Another possibility and perhaps lesser
known, is that of applying or reapplying for permanent residence under the
Live-in Caregiver Program (LCP). Indeed,
the LCP is now defunct and the IRCC website says that "the LCP is closed
to new applicants." However, the
LCP is only closed to new applicants from outside of Canada who would be
applying for initial work permits.
Currently, IRCC may still accept PR
applications under the LCP if the caregiver meets the following requirements
under the program: a. completed at least two years of authorized
full time live-in caregiving work in Canada within four years from initial
arrival on a valid LCP work permit; and
b. the initial caregiver work permit was
based on a positive LMO or LMIA that was applied for on or before 30 November
2014. People may tend to conclude that
since it had nearly been five years from this date, there will not anymore be
caregivers who still qualify under this program.
In fact, there can still be a number of
instances when caregivers may still qualify for permanent residence under the
LCP. In some cases, a caregiver's PR
application under the LCP may have been previously refused for reasons
unrelated to their two years of full time live-in caregiver work but who were
still able to continue working based on their valid open work permits. If these caregivers are now able to overcome
the officer's reasons for the previous refusal, then they can resubmit a new
application for permanent residence under the LCP.
If there are inadmissibility issues, there
is also the possibility of requesting an exemption from inadmissibility on
humanitarian and compassionate (H&C) grounds. Depending on the type of inadmissibility and
the circumstances of the applicant caregiver and their family, it may be worth
exploring this legal remedy.
However, the H&C route is a
highly-discretionary option which could still leave many caregivers in limbo,
despite having served Canadian families in a job that many Canadians would
rather avoid, while enduring lengthy separation from their own families.
Therefore, although the introduction of
these recent changes in the caregiver programs are greatly appreciated, they
are sadly not enough in sending the message that Canada is truly "caring
for our caregivers." For if there
will continue to be caregivers in our midst who will be left without any
prospect of becoming full members of Canadian society, how fair and inclusive
is that?
Given their invaluable but often unheralded
contributions to Canadian families, granting permanent resident status to all
out-of-status caregivers in Canada is more than well-deserved.
This article is meant for
information purposes only and not as specific legal advice. Please consult a trusted immigration legal professional to discuss your specific
circumstances and available remedies.
The author is a Filipino-Canadian immigration lawyer and may be
reached at deanna@santoslaw.ca
or tel. no. 416-901-8497.
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