Reduced Eligibility to Make Refugee Claims and the End of the Caregiver Program
Published: Jul 4, 2019
Back in March, 2019 we reported on changes to what used to be called the "Live-In Caregiver Program". On June 18, 2019 these programs essentially came to an end. No more new "Caregiver Temporary Foreign Worker" permits will be granted to people who plan to work in Canada outside of Quebec. Some people who are already working in Canada as home child care providers will, however, be allowed to apply for permanent residence under what is called the "Home Child Care Provider Class". Once the pool of candidates already working in Canada is used up we will probably see the end of all caregiver programs, at least for the foreseeable future.
On a happier note, as of May 10, 2019 refugee claimants from what are considered to be "safe" countries will no longer have their rights restricted by the special rules surrounding "designated countries of origin". Refugee claimants from "designated countries of origin" (such as Australia or Japan) in theory had restricted rights to work, receive medical attention, or appeal a negative decision of a refugee claim, and were supposed to have their refugee claims held quicker than claims from people from other countries. These special rules were being eroded by decisions coming out of the Federal Court and generally by the enormous backlog of cases before the Refugee Protection Division of the Immigration and Refugee Board. Getting rid of this category is probably just a practical recognition of reality.
As reported by us on April 16, 2019 numerous refugee claimants are now barred from making refugee claims. Anyone who comes to Canada after April 8, 2019 (not 2018 as we reported in April) who had previously made a claim in the United States of America, United Kingdom, Australia, or New Zealand is no longer eligible to make a refugee claim. All they are eligible to do is to apply for a Pre-Removal Risk Assessment. Procedural rights given to an applicant under a Pre-Removal Risk Assessment are much less than those given to refugee claimants and historically the acceptance rates of Pre-Removal Risk Assessments have been extremely low.
You often only have one chance to succeed when making an immigration application. We believe at Eisenberg & Young LLP that it is still possible to successfully apply for citizenship, temporary worker and permanent resident status in Canada. We continue to strongly recommend, given the complexity of the present and ever-changing immigration system, that you do not apply without first obtaining professional help.
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