Home Child Care Provider and Home Support Worker Pilot: Making a final decision
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
The Home Child Care Provider Pilot and the Home Support Worker Pilot are closed to new applications as of June 18, 2024. Complete applications that were received on or before June 17, 2024, will continue to be processed.
On this page
- Occupation-restricted open work permit (OROWP) (Category A – Gaining experience)
- Bridging open work permit (Category A & B)
- Permanent resident application: Making a final decision (Category A & B)
Occupation-restricted open work permit (OROWP) (Category A – Gaining experience)
Making a decision (Stage 1)
Eligibility criteria met (prior to admissibility)
On a positive eligibility decision (before the admissibility checks are complete), the officer must
- mark each of the Stage 1 eligibility criteria (language, education, etc.) as “met” in the “Assessment Criteria” window in the Global Case Management System (GCMS)
- The “Eligibility – Stage 1” status should not be set to “passed” yet. This step will only be done when admissibility is complete (this is for reporting purposes, given the hybrid design of Category A).
- The statuses “recommended passed” and “review required” can be used to signal that the Stage 1 assessment has started but is not yet “passed” and that the occupation-restricted open work permit (OROWP) cannot be issued yet.
- Note that for negative eligibility decisions, the Stage 1 eligibility status must be set to “failed,” regardless of whether an admissibility review took place.
- The “Eligibility – Stage 1” status should not be set to “passed” yet. This step will only be done when admissibility is complete (this is for reporting purposes, given the hybrid design of Category A).
- send the “Stage 1 – eligibility passed” letter to the client
- The date of this letter will be used to calculate the deadline for submitting proof of experience for cases where the applicant does not take the necessary steps to obtain the OROWP.
- start the admissibility review and send any related instructions to the client
Eligibility and admissibility criteria met
Given that they submitted a complete Application for work permit made outside Canada [IMM 1295] (PDF 596 KB) or an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] (PDF 600 KB) with their application for permanent residence, Category A applicants will be issued an OROWP if they meet the following requirements (positive Stage 1 decision):
Accompanying family members will also be issued open work permits or study permits if they have applied for these. Pre-school children can also be issued temporary resident visas, if applicable, and visitor records.
On a positive Stage 1 decision (including admissibility), the officer must
- set the “Eligibility – Stage 1” status to “passed”
- change the “Eligibility – Stage 2” status to “In Progress-Accumulating Exp”
- It is also possible (but optional) to put the permanent resident application on hold by setting the “App/Case Status” to “On Hold,” together with an “App/Case Status Reason” of “Eligibility – Stage 2.”
- put the work permit application into process
- issue an OROWP and send a Stage 1 approval letter (eligibility + admissibility) to the principal applicant at the same time
If the applicant has already provided proof of qualifying work experience prior to having been issued an OROWP, the officer may pass both Eligibility Stage 1 and Stage 2. For more details, refer to the process for when proof of work experience is received before OROWP approval below.
Note: In certain situations, a client may not follow through with requests related to the OROWP, such as the passport request letter (for example, if the client is already working in Canada on a different work permit). It is therefore possible for the OROWP to be refused for non-compliance (for more details, refer to the specific guidance on OROWP processing), or that it is never printed (should the client fail to present their letter of introduction at a port of entry).
In this case, the permanent residence application will still remain on hold and a final decision can be made 36 months from the date of the initial “Stage 1 – eligibility passed” letter. If the applicant does not provide proof of eligible work experience within this time period (that is, within 36 months of the issuance date of the initial “Stage 1 – eligibility passed” letter), the permanent residence application can be refused. This is based on the conditions set out in subsection 2(3.01) and subparagraph 2(3)(b)(i) of the ministerial instructions.
Negative Stage 1 decision
On a negative stage 1 decision
For work permits applications made outside Canada, the officer
- cancels the work permit application
- refunds the work permit processing fees and open work permit holder fees
- follows procedures for refusing the permanent resident application
For work permits applications made in Canada, the officer
- refuses the work permit application (this allows for the possibility to restore and maintain status)
- follows the procedures for refusing the permanent resident application
Note: For negative decisions, the same procedure applies to accompanying family members who submitted a work permit, study permit, temporary resident visa application or visitor record extension with the application for permanent residence. For example, if the principal applicant is in Canada and the accompanying family members are overseas, the officer would refuse the work permit application for the principal applicant, and cancel and refund all overseas temporary resident applications.
After the issuance of the OROWP (Stage 2)
To continue to be eligible under Category A, the applicant must demonstrate that they have obtained 6 months of qualifying work experience either
- within 36 months of being issued their OROWP or
- if an applicant never received an OROWP, within 36 months of the issuance date of the “Stage 1 – eligibility passed” letter
Qualifying work experience includes work experience gained outside of Canada up to 36 months before the application for permanent residence is made, and until the date that the applicant demonstrates having acquired the work experience.
Once IRCC receives the applicant’s proof of work experience and Schedule 19B (IMM 5910), the processing office must put the permanent residence application back into process by
- changing the “App/Case Status” from “On Hold” to “Open,” if applicable
- setting the Eligibility – Stage 2 status to “Review Required”
The officer assesses the work experience, fills in the appropriate Stage 2 related fields in GCMS, and makes a final decision on the permanent residence application.
If the proof of work experience is received before the issuance of the OROWP, refer to the procedures found in Selection criteria – exemption from Category A – offer of employment assessment, as well as in the section below.
Applicants are encouraged to carefully review all information before submitting their proof of work experience and follow a specific naming convention to help offices better identify this type of incoming correspondence.
The officer will review and make a decision based on the proof of work experience submitted. If an applicant submitted their proof of work experience, and the officer determines that the work experience requirement has not been met, regardless of whether there is still time remaining on the OROWP, the officer can
- issue a procedural fairness letter to advise the applicant of their concerns on the reasons why the applicant does not meet the work experience requirement
- make a final determination once the time allowed for a response from the applicant has passed
- refuse the application if the applicant does not provide any additional evidence, or if the evidence regarding the work experience does not satisfy the officer
Proof of work experience received before OROWP approval
In some cases, the applicant may submit the proof of work experience before IRCC approves the OROWP. In such cases, this process is followed:
Text description
The flowchart begins when the proof of experience is received before the occupation restricted open work permit (OROWP) is approved.
Question 1: Is the work experience eligible?
- If your answer is “Yes,” go to question 2.
- If your answer is “No,” take steps to refuse the application.
Question 2: Was the experience all in Canada?
- If your answer is “Yes”
- continue the PR eligibility assessment without assessing (a) the job offer, (b) the likelihood that the client will accept it, and (c) the ability to perform the work (similar to a Category B assessment)
- go to question 3
- If your answer is “No”
- continue the PR eligibility assessment, including assessing (a) the job offer, (b) the likelihood that the client will accept it, and (c) the ability to perform the work
- go to question 3
Question 3: Are all the required eligibility criteria met?
- If your answer is “Yes,” go to question 4.
- If your answer is “No,” take steps to refuse the application
Question 4: Is the applicant in Canada and eligible for a bridging open work permit (BOWP)?
- If your answer is “Yes”
- issue a BOWP (converted from OROWP)
- continue with the admissibility assessment and finalization of the PR application
- If your answer is “No”
- continue with the admissibility assessment for the client and family members
- go to question 5
Question 5: Are the admissibility criteria met?
- If your answer is “Yes,” go to question 6.
- If your answer is “No,” take steps to refuse the application.
Question 6: Can the confirmation of permanent residence (CoPR) be issued now?
- If your answer is “Yes,” go to question 7.
- If your answer is “No”
- issue the OROWP
- continue towards finalization of the PR application when feasible
Question 7: Is the client in Canada?
- If your answer is “Yes”
- issue the OROWP and
- issue the CoPR
- If your answer is “No”
- cancel the work permit application
- issue the CoPR
As outlined above, the steps vary depending on whether
- the eligible work experience is all gained in Canada, in which case the applicant is exempt from the Category A offer of employment assessment
- the client is in Canada and eligible for a BOWP, in which case their OROWP can be converted into a BOWP after the positive eligibility decision; otherwise, they will need to wait until after the admissibility is approved to receive an OROWP (if this applies, given other considerations below)
- the case can be finalized and the CoPR issued now, in which case the work permit application can be cancelled, the related fees refunded and the permanent residence file finalized immediately
- unless the client is in Canada (and thus possibly relying on their OROWP application to continue working and maintain their status), in which case an OROWP will also be issued concurrently
- This may apply to students or visitors who were not eligible for a BOWP; most in-Canada clients would have already received a BOWP after Question 4 in the above flowchart.
- If the client is in Canada without status, refer to the Out-of-status section of the Admissibility instructions
- otherwise, if the file cannot be finalized immediately because of delays related to, for example, targets and admission spaces, or requirements to follow “first in first out” principles, then, following the admissibility approval, the officer will issue the OROWP to the applicant so that they can start work in Canada earlier while they wait for their permanent residence application to be finalized
- unless the client is in Canada (and thus possibly relying on their OROWP application to continue working and maintain their status), in which case an OROWP will also be issued concurrently
The earlier steps related to putting the application on hold in GCMS while the client is gathering work experience would, of course, not apply to files for which the proof of work experience has been provided before an OROWP approval.
Bridging open work permit (Category A & B)
To obtain a BOWP, applicants can apply online. As of August 17, 2021 (when the Permanent Residence (PR) Portal started being used to receive caregiver applications), applicants should submit the BOWP application if they have completed the required work experience only once they have received their approval-in-principle letter (issued after eligibility is passed, including work experience), or at any time after (previously, it may have been included in the application for permanent residence).
A BOWP can be issued for eligible
- Category B applicants who have passed eligibility
- Category A applicants who have passed Stage 2 eligibility
- Category A applicants whose experience has been assessed as eligible before an OROWP was approved (in this case, instead of the client applying specifically for a BOWP, the officer would convert the pending OROWP application to a BOWP application if the client is eligible for one)
Additional processing information can be found under the caregivers’ BOWP Program Delivery Instructions.
Permanent resident application: Making a final decision (Category A & B)
An officer will make a final decision once the applicant has been assessed on all eligibility requirements and admissibility requirements. This includes the work experience eligibility requirement.
Approving the application
To finalize the application, the processing office
- confirms in GCMS that the applicant and all their family members have satisfied all statutory requirements and have valid clearances
- enters a final decision in GCMS
- verifies that the CoPR forms and counterfoils are set to the correct print queues
- issues an approval letter to the principal applicant (if they are in Canada), informing them that their application has now been processed and that IRCC will be in contact to arrange a landing appointment (using the virtual landing process)
- sends the “ready for visa / passport request” letter to the principal applicant with instructions for any accompanying family members outside of Canada to send their passports to an IRCC office overseas
- adds the appropriate overseas migration office as the secondary office
- removes the application from any active processing groups in GCMS
The remainder of the process is completed by the Domestic Network, which
- confirms permanent residence status through the PR Portal for the applicant and any accompanying family members in Canada
- if the principal applicant has accompanying family members overseas, informs the responsible migration office that permanent residence has been granted to the principal applicant so that the migration office may issue permanent resident visas to accompanying family members overseas
Process at a migration office
Upon notification from the Domestic Network that the principal applicant has been granted permanent residence, the migration office responsible for any accompanying family members overseas should
- confirm that the right of permanent residence fee (RPRF) has been paid for all accompanying family members
- confirm, when applicable, that all medical and criminality checks and travel documents are still valid and will remain valid long enough for the applicant(s) to be admitted to Canada
- if any of the above cannot be confirmed, refer the application back to the processing office for review
- issue CoPRs and, when applicable, visa counterfoils to all accompanying family members
See also Roles and responsibilities of offices processing in Canada applications for permanent residence.
Refusing the application
Note: The section below refers to the permanent residence application; for Category A (Gaining experience) applications refused at Stage 1 (before issuance of the OROWP), officers must also follow the procedures above for dealing with the OROWP and any temporary residence applications from family members.
When an application is refused, the processing office
- sends a letter to the principal applicant explaining the reason for the refusal
- an applicant is refused for not meeting 1 or more of the eligibility requirements set out in the A14.1 Ministerial instructions, refuses the application under paragraph R70(1)(d) in GCMS:
- 70 (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that
- (d) the foreign national meets the selection criteria and other requirements applicable to that class;
- if the applicant is in Canada and their application is refused for inadmissibility
- takes appropriate actions depending on the inadmissibility grounds (that is, refers the case to the IRCC inland office to write a subsection A44(1) report, which could lead to an admissibility hearing or a removal order)
For more information on inadmissibility and the actions to be taken see:
- takes appropriate actions depending on the inadmissibility grounds (that is, refers the case to the IRCC inland office to write a subsection A44(1) report, which could lead to an admissibility hearing or a removal order)
- initiates the refund of the right of permanent resident fee (RPRF), if paid