Can A Caregiver in Canada as a Visitor Apply for a Work Permit Under the Tempory Policy?

When the pandemic hit, the new Caregiver Programs, Home Child Care Provider and Home Support Worker Program, were put on hold. Backlogs of applications started building up which caused a lot of Applicants and Employers desperate in getting decisions on their cases.

     Then, the Immigration, Refugee and Citizenship Canada came up with a Temporary Policy to allow visitors who are in Canada, to be able to apply for a work permit from within. Applicants of HCCP/HSWP found a loophole via this policy to apply for a regular LMIA-Based Work Permit. They were able to get a work permit as a Caregiver from within Canada and exit via one of the land borders.

     But, I also heard some stories of people who applied through this loophole get denied entries after flagpoling at the border under the reason that they did not comply with the codition of their stay as a visitor or that they are non-compliant with the immigration law. And in April 22, 2022, IRCC put an end to this loophole with a clarification of who can and cannot use the Temporary Public Policy for Visitors stating that Caregivers can not apply for a LMIA-based Work Permit, on or after April 22, 2022. IRCC wants the Caregiver applicants to use the new pathways.

     So, if you hear anyone saying that they were able to process a work permit from withn Canada, chances are, those were processed before the said date. So be very vigilant when someone tells you that you can or they can process your work permit from within Canada as a Caregiver because that is no longer the case.

     In my opinion, I think that there should be a better way to manage the caregiver applications. Right now, the average processing time for application from outisde Canada is taking over 30 months which is not very helpful especially for Seniors looking for Caregivers. I think the Government should be doing an overhaul to this caregiver program and consult with the stakeholders.

     What do you think of the new program? What do you think is the best approach in combatting the processing delays? Share your opinions below.

     If you need help with your Immigration Cases, feel free to reach out to us.

Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/work-without-permit/changes-work-permits-issued-caregivers/refusal-to-process.html#criteria