Canada caring for caregivers: it is part of the process to assess the genuineness of the job offer

On June 18, 2019, Immigration, Refugees and Citizenship Canada revised their programs for caregivers. The request for staff to undergo a Labor Market Impact Assessment and for caregivers to live in Canada without their families for at least two years before being considered for permanent residency was gone.

Alternatively, caregivers can apply for permanent residency automatically if they have a job offer or Canadian work experience in a qualifying caregiver position or meet minimum standards for training or language skills to move with their families to Canada instantly. The latest caregivers have been around for four months now and it is too early to determine whether they were a success. Nevertheless, one question that has emerged is that of managers and candidates to prove that their job offers are legitimate.

How the new caregiver programs work

Canada now has two programs to support caregivers. The first is the child care provider’s home pilot. The second one is the worker’s home support pilot. Under each stream, a maximum of 2,750 applications are accepted annually. In both courses, candidates must prove that they have Initial Intermediate English or French, also recognized as Canadian Language Benchmark 5, and that they have at least one year post-secondary certification by compulsory language screening.

Applicants must also demonstrate that as a home care director or home support worker, they have two years of full-time canada immigration points calculator express entry work experience depending on the exam. Applicants with less than two years of experience should demonstrate that they have a legitimate job offer as a Home Child Care and Home Support Worker and are able to meet the terms and conditions of their job offer in Canada.

If they do, then the request for permanent residence will be put on hold and a limited open work permit will be given to the claimant. They then have three years to gain in their occupation 24 months of Canadian experience. A valid job offer must be in a home child care provider or home support worker occupation for full-time employment from a single Canadian employer outside Quebec.

Genuineness

IRCC also issued guidance and directions to assess whether a job offer is valid in order to preserve system credibility. Proof that a job offer is valid and accurate may include, but is not limited to, the actual need of an employer for a caregiver, whether the job pays the prevalent wages, whether the employer has the monetary capacity to pay the salaries specified in the job offer or, Where the caregiver lives in the employer’s house, whether it provides reasonable accommodation.

Those recommendations support current jurisprudence of the Federal Court of Canada in deciding whether a caregiver situation in prior caregiver services is real. Many jurisprudence mandates that judgments must be carried out in a systematic and almost traditional fashion. For instance, in Bondoc v. Canada, Justice Legace observed that a full-time caregiver job between 9:00 a.m. and 5:00 a.m. is impossible to be a true caregiver role unless children were in college between 8:30 a.m. and 4 a.m.

Furthermore, in Liu v. Canada, Justice McVeigh noted that the fact that an applicant has no previous experience with a nanny or caregiver does not mean that an offer of work is not legitimate if there is reason to believe that the prospective caregiver can still perform the task.

It should be remembered that an employer’s status does not necessarily determine genuineness so long as parents have the ability to pay their caregiver. In one ruling of the Federal Court of Canada crs points calculator, Magday v. Canada, Justice Anis argued that the entry of a low-income mother to work could be evidence of a lack of integrity, which would’ contradict child-rearing expectations by which parents prefer to stay at home to raise their young child, Instead of choosing to work in low-paid jobs that do not provide financial gain if the childcare tasks are done by the child care employee. “Nevertheless, this perspective has not been widely adopted, and most visa officers recognize the need for people to return to work.

Conclusion

The elimination of the Labour Market Impact Assessment from caregiver services has certainly caused dishonest work opportunities to reach at least a few unscrupulous persons specifically designed to facilitate immigration. Visa officers of the IRCC were certainly looking for such instances. Nevertheless, prospective caregivers and their employers should be informed that the criteria of genuineness are not unduly burdensome and should not dissuade families from hiring the caregivers they want.