Migrants win path to Permanent Residence! We want Status for All!

10 months ago today we began our campaign for full and permanent immigration status for all. Today, migrants won a major victory. At least 90,000 more people and their families will get permanent resident status! 

Click here to see if you qualify!

Migrants bravely spoke up about injustice and forced the federal government to acknowledge that permanent resident status is necessary to be able to access or assert basic rights. Today’s announcement proves that the federal government can change immigration rules. Full and permanent immigration status for all in the country and permanent resident status on arrival for all in the future is possible and we will not stop until we win it. Nothing less is acceptable. Your support has been crucial in this victory and we ask you to recommit to this fight. 

Today’s announcement creates a partial and short-term opening to PR for some but does not change the fundamentally temporary nature of the immigration system. Each year hundreds of thousands of people come with temporary permits. The new program only includes migrants with select work experience and denies status to anyone who is unemployed, even in an economic downturn.

All undocumented migrants – over 500,000 people – are excluded from this new program, despite the essential work many are doing in our communities. It is the temporary immigration system that has pushed our communities out of status, and it is the same immigration system that continues to keep us out. 

The new program includes English language requirements which will exclude many groups of workers and entire communities. Many migrants who otherwise could meet the language requirements will be scrambling to get testing and accreditation done during this short window because of COVID-19 related shutdowns. 

It is crucial that in this moment we assert that all of us are essential. All migrants, no matter what kind of work we do, waged or unwaged, must be included. Permanent resident status is not a gift or a prize to be earned – it is the only way to ensure equality of rights and access to basic services. Anything less permits and produces inequality

If you are a migrant who fulfills the criteria below you may be able to apply for permanent resident status. But remember, we won this because of collective action, and we cannot stop until we win STATUS FOR ALL. 


Here’s what migrants are saying

“For us undocumented migrant workers, we know that our work is truly essential. So it is disappointing to see that in this announcement we are excluded. When the government does not address the temporary migrant workers program’s fundamental issue, these changes, although welcomed, indeed fall short of the aspirations of ALL migrants and advocates. It simply reinforces the existing neoliberal agenda within the Canadian immigration system.” 

– Marisol B. Migrante Canada

“Undocumented people like me work on the frontlines in long-term care homes, caring for the sick and the elderly, and in many other essential jobs. Why are we being excluded? Without permanent resident status, we are shut out of healthcare, even the COVID19 vaccine, we can’t defend ourselves against bad bosses, and we live in constant fear of detention and deportation”. 

– Lily, Caregivers Action Centre

“For the first time, some seasonal agricultural workers may have a path to permanent resident status, but the requirement for passing a high level English test excludes the majority of us. This is discrimination. They call us essential, but they continue to exclude us. We demand status for all.”

– Gabriel Flores, Migrant Workers Alliance for Change 

“As essential workers we do permanent work and therefore we should be granted FULL and PERMANENT IMMIGRATION STATUS so we can bring our family the soonest in Canada and be reunited, especially with our children who needed our guidance as their parents. We give so much of our life to improve Canada’s economy by serving our Canadian employers with the best of our service even though we missed our family back home. We shouldn’t wait any longer – full and permanent immigration status for all migrants now!” 

– Judy, Vancouver Committee for Domestic Workers and Caregivers Rights

“The immigration program announcement excludes migrant student workers like me who do not meet these narrow and arbitrary requirements. We have seen over and over that the government can make changes but is choosing not to make the necessary changes that we all deserve. All migrant and undocumented people deserve full and permanent immigration status! “

– Sashanna, Migrant Students United


Details of the program announced on April 14, 2021

On April 14, 2021, the federal government announced the creation of a new short-term program for permanent residency. To qualify for the program, you must meet all of the following criteria:

  1. You must be working at the time of application. You must be authorized to work or be eligible to restore your work authorization. You do not necessarily need to be employed in the sector through which you qualify for the program. Self-employed work in any qualifying sector does not count.
  2. You must have temporary status in Canada. Most refugee claimants with work permits do not have temporary status. Undocumented people are excluded.
  3. If you are applying through Stream A or B, you must have 12 months (1560 hours) of accumulated work experience in the previous 3 years in the qualifying sectors.
  4. If you are applying through Stream A or B, you must prove CLB Level 4 language competency. If you are applying through the educational stream, you must prove CLB Level 5.
  5. You must not be inadmissible under the Immigration and Refugee Protection Act.
  6. You must be inside Canada, and cannot reside in Quebec. If you are in Quebec, you can apply but you must prove that you will not continue to live in Quebec.
  7. You must file a complete application online, and pay fees (approximately $1,133) when you apply.
  8. The streams are:
    1. STREAM A & B: 20,000 spots for temporary workers in 40 occupations in health care and 30,000 spots for temporary workers in 95 selected essential occupations including caregiving and food production and distribution. Click here for list of occupations.
    2. EDUCATIONAL STREAM: 40,000 spots for international students who have graduated with a minimum 8 month degree from a university, or a 16 month certificate or diploma from a Canadian college in the last 4 years, but no earlier than January 2017. You do not need any work experience for these two avenues. If you completed an education term shorter than the 16 month certificate, but your education led to a skilled trade you are also eligible. You must have met the conditions of your study permit throughout your studies. Click here for list of occupations and more details.
    3. French-speaking or bilingual candidates outside of Quebec are eligible through the same streams but do not have a cap on spots. See more here and here.

Applications will open on May 6 and will remain open for six months or when the caps are reached. Other final details will only be available when the program opens on May 6th. 

If you do not qualify for this program, do not lose hope. This program was only created because migrants spoke up, we must continue to raise our voice to call for full and permanent immigration status for all.

We created an app to help you see if you are eligible, click here. 

Migrant Rights Network Brief – Employment Insurance for Migrants

This submission by Migrant Rights Network addresses the glaring and unjust gap in the EI program that denies income security to an entire group of unemployed workers. Fixing this gap requires reforms to EI as well as immigration laws.

We are making the following recommendations in addition to those by the Interprovincial EI Working Group.

Solution #1: Canada must reform its immigration laws to ensure full and permanent immigration status for all migrant and undocumented people in Canada. In the short-term, all restrictions on work must be removed including employer specific work permits, restrictions on hours of work, and exclusion of work in “businesses related to sex trade”.  

Solution #2: Canada must amend the Employment Insurance Act to ensure that all work in Canada is “insurable” for the purposes of accessing EI, regardless of SIN. Canada should pursue employers who fail to submit EI premiums, rather than punishing workers. 

Solution #3: In order to end disentitlement due to administrative error, Service Canada must immediately issue instructions to Service Canada agents confirming eligibility for EI for migrant workers and ensure this information is incorporated into training. 

Solution #4: Service Canada must ensure the EI application process is accessible to all, including through interpretation services, simple explanations of the process, clear information upfront that the Record of Employment is not needed to submit an application, and alternatives to online applications / communications. 

Solution #5: Amend the Employment Insurance Regulation to end discriminatory disentitlements to special benefits for workers outside of the country or with expired SINs. 

Solution #6: Canada must take all steps necessary to ensure that information workers submit to EI is not shared with immigration officials.

How do I apply for permanent residency?

To apply for the new Caregiver Program that started in June 2019, you have to meet all the requirements before coming to Canada. If you are applying from within Canada, you have to meet all the requirements before being accepted into the program. 

The government requires:

  1. A job offer from an employer in Canada

A signed offer of employment to be a home child care provider or a home support worker in a job (outside of the province of Quebec).

  1. Ability to do the job

Relevant work experience or training that shows you are able to do the job of a home child care provider (nanny, babysitter, live-in caregiver providing child care) or a home support worker (attendant for persons with disabilities, live-in caregiver for seniors, personal care attendant, home support worker). These jobs are described under the National Occupation Classification (NOC) code 4411 or 4412.

  1. Educational Credential Assessment

At least 1 year Canadian post-secondary education or its equivalent. You must get an Educational Credential Assessment (ECA) from an approved organization.

  1. Language Test

English or French language skills that meet the Canadian Language Benchmark (CLB) level 5. You must pass the IELTS or CELPIP exam with CLB 5 in all skills. Your test must be less than 2 years old when you apply.

If you do not qualify, you are not alone! The requirements are too strict and leave most care workers out. This is not fair! PR means equal rights, the power to protect ourselves, leave bad jobs and reunite with our families. Care workers like you are working together to push the Canadian government to give permanent status for all. Contact us to get involved.

What should I do if my work permit is expiring or has expired?

If your work permit is expiring soon, you may be able to extend your work permit through the Temporary Foreign Worker Program (TFWP). Your employer will need a positive Labour Market Impact Assessment (LMIA) first. 

If your work permit has expired, you may be able to restore your status if you have a positive LMIA. You have 90 days after your work permit expires to restore your status.

But we are tired of these temporary policies – we need permanent solutions! This is why migrant care workers like you are organizing to win full and permanent status for all. Join us!

If I already applied for permanent residency and my work permit is expiring soon, do I need to apply for a new work permit?

If you applied for an open work permit or bridging open work permit at the same time you applied for PR, you do not have to apply for a new work permit because you will be under “implied status” until you receive a decision. 

But being under implied status means our health card and SIN become expired, leaving us without access to essential services. All workers deserve equal access to health care and benefits. This is why migrant care workers like you are organizing to win permanent status for all. Join us!

How can I change my employer? Will it affect my permanent residency application?

If you have a closed work permit, you will have to apply for a new LMIA and work permit in order to change employers and legally work in Canada. If you have a valid open work permit, you can change employers at any time. 

If you have a permanent residency application in process under the new Caregiver program and you have not completed the required 24 months of service, you will need to send in an updated IMM 5983 form or a copy of your current temporary employment contract. 

These restrictive immigration rules force migrant care workers to stay in bad jobs because it is difficult to find an employer with an LMIA or we are worried about our PR application. This is not fair! We should be free to change employers when we want to.

What is my minimum wage?

You must be paid at least minimum wage for every hour you work. Minimum wage is different in every province. In Ontario, the minimum wage is currently $17.20 per hour. Find out the current minimum wage in your province here: https://migrantworkersalliance.org/min-wage-on/.

Because we don’t have permanent immigration status, employers can take advantage of care workers by making us work more hours than we are paid for or paying us less than minimum wage. This is not fair and this is why care workers are demanding landed status now!

Can my boss take deductions from my wages?

Your employer is allowed to take certain deductions from your wages depending on what Caregiver Program you are under.

If you are under the Live-In Caregiver Program and received an LMIA permit before November 30, 2014, your employer can deduct:

• Private Room weekly: $31.70
• Meals Weekly: $53.55 or $2.55 per meal
• Room and Meals Weekly: $85.25

For care workers with LMIA-based work permits under the Caregiver Program after November 30, 2014, your employer cannot make deductions for room and board.

If you have an occupation-restricted work permit under the new Caregiver program that started on June 18, 2019, your employer can deduct room and board. 

Your employer must provide you with a pay slip each pay period that shows your pay, hours and deductions.

Migrant care workers fought for the right to live out of employers’ homes and not be charged room and board. It is not fair that the government brought back these rules. That is why care workers are continuing to fight against unfair rules and demanding status now. Join us.

How many hours do I have to work in a week?

In Ontario, the maximum number of hours your boss can schedule you in a week is 48. If your boss wants you to work more, they must ask you to sign a written agreement from the Ministry of Labour. It is your legal right to refuse. If you sign it, you can cancel the agreement by giving your boss 2 weeks’ notice.

Care workers are often pressured to work more than 48 hours a week, but it is difficult to stand up for our rights when we are tied to our employers for our permanent residency status. This is why we need status for all now! Join us!