By Sukhram Ramkissoon

 Persons interested in working in Canada as Home Support Workers or Home Child Care Providers have to meet certain criteria before they may be granted permission to work in Canada.

A number of applicants are unsuccessful because they are unable to meet certain criteria as required by immigration law. Let us examine a recent applicant who I will refer to as “Kaur” from India. She was unsuccessful in her application for a work permit. An officer found that she did not meet the minimum educational eligibility requirements of the Home Support Worker Class (HSWC).

According to the Immigration and Refugee Protection Act, a foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada. The HSWC program was authorized as a subset of the economic class by Ministerial Instruction issued in June 2019 pursuant to IRPA.

Immigration, Refugees and Citizenship Canada (IRCC) issued guidelines explaining the eligibility requirements of the HSWC program, including language proficiency, type and length of work experience in Canada, and minimum levels of education.

In refusing the judicial review application, the learned judge found that there is no dispute that the Applicant met all of eligibility criteria of the HSWC program, save for the educational requirement. The Program Guidelines state that the applicant must provide evidence that they have either completed a Canadian 1-year post-secondary (or higher) educational credential or a foreign educational credential equivalent to the above and an Educational Credential Assessment (ECA) report issued for immigration purposes by an organization designated by IRCC.

The judge ruled that because the Applicant did not have a Canadian post-secondary (or higher) educational credential, she therefore had to submit an ECA report, which was required. As stated in the officer’s global notes:

– indicate that the credential is equivalent to a completed Canadian 1-year post-secondary (or higher) educational credential

– be less than 5 years old on the date of application receipt

– have been issued on or after the date the ECA organization was designated by IRCC.

The judge ruled that there is insufficient evidence before the Court to permit any conclusion regarding what the immigration officer may have meant by the above entry dated in April 2022. Furthermore, the Program Guidelines are clear. An applicant who has not completed a Canadian one-year post-secondary (or higher) educational credential must demonstrate that they have an equivalent foreign educational credential, as confirmed by an ECA report issued by an organization designated by IRCC.

The report submitted by Kaur did not demonstrate that her foreign credential was equivalent to a Canadian one-year post-secondary (or higher) educational credential. The Officer therefore had no choice but to find her ineligible for permanent residence under the HSWC program and dismissed the judicial review application. 

Therefore, it is very important that you meet the selection requirements before applying for permanent residence, regardless of the class of persons.

SUKHRAM RAMKISSOON is a member of CICC and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A. Toronto, Ontario, Phone 416 789 5756.