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.
On this page
- Occupation-restricted open work permit (Category A – Gaining experience)
- Bridging open work permit (Category A & B)
- Permanent resident application
Occupation-restricted open work permit (Category A – Gaining experience)
Making a decision
Given that they submitted a complete Application for work permit made outside Canada [IMM 1295] (PDF, 573 KB) or an Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker [IMM 5710] (PDF, 584 KB) with their application for permanent residence, Category A applicants will be issued an occupation-restricted open work permit (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 and visitor records.
On a positive stage 1 decision, the officer must
- put the permanent resident application on hold with a status of “In Progress – Accumulating Exp” in the Global Case Management System (GCMS)
- put the work permit application into process
- issue an occupation-restricted open work permit (OROWP) and send a stage 1 approval letter to the principal applicant at the same time
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 the possibility of restoration 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 Occupation-restricted open work permit
To continue to be eligible under Category A in the Home Child Care Provider or Home Support Worker pilot, the applicant must
- obtain 24 months of qualifying work experience within 36 months of being issued their occupation restricted open work permit (OROWP)
- submit proof within 36 months of being issued their OROWP
Once IRCC receives the applicant’s proof of work experience, the officer must put the permanent residence application back into process. The officer assesses the work experience and makes a final decision on the permanent resident application.
If the proof of work experience is received before the issuance of the OROWP, refer to the procedures found in Application Process.
Bridging open work permit (Category A & B)
To obtain a bridging open work permit (BOWP), applicants can apply online. As of August 17, 2021, they should submit the BOWP application if they have completed the 24 month experience and have received their approval-in-principle letter (issued after eligibility is passed), or at any time after (previously, it may have been included within the APR).
Additional processing information can be found under the caregivers’ BOWP Program Delivery Instructions.
Permanent resident application: Making a final decision
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 case, the case processing centre (CPC) does the following:
- 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 Confirmation of Permanent Residence (COPR) forms and counterfoils are set to the correct print queues
- issues an approval letter to the principal applicant, informing them that the processing of their application is now complete and that IRCC will be in contact to arrange a landing appointment
- provides instructions to the principal applicant on how their accompanying family members must send their passports to the appropriate migration office
- adds the appropriate migration office as the secondary office
- removes the application from any active processing groups in GCMS
The remainder of the process is completed by an IRCC local office, which does the following:
- confirms permanent residence status through the PR portal for the applicant and their 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 overseas accompanying family members
- sends the Ready for visa/passport request” letter to the principal applicant on how their accompanying family members must send their passports to the appropriate migration office (this is done for all migration offices, except for Manila)
Process at a migration office
Upon notification from the IRCC local office that the principal applicant has been granted permanent residence, the migration office responsible for any accompanying overseas family members 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 the family members.
When a case is refused, the CPC does the following:
- sends a letter to the principal applicant explaining the reason for the refusal
- if an applicant is refused for not meeting one or more of the eligibility requirements set out in the A14.1 Ministerial instructions the file should be refused under R70(1)(d):
- 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 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)
- shows the final decision on the dependants’ files as either of the following:
- “refused” for accompanying family members
- “withdrawn” for non-accompanying family members
If the file has been sent to a migration office overseas, the migration office
- shows the final disposition on the dependants’ files as either of the following:
- “refused” for accompanying family members
- “withdrawn” for non-accompanying family members
- informs the CPC (or the IRCC inland office, as applicable) of the refused overseas family members
Note: The migration office does not inform family members of the final disposition of the case and does not send a refusal letter. Rather, the CPC (or the IRCC inland office) is responsible for notifying the principal applicant and sending the appropriate letter.
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