Changes for work permits issued to caregivers

Note: For instructions on issuing open work permits to applicants who have received a positive eligibility assessment of their application for permanent residence (APR) under the Interim Pathway for Caregivers public policy, see Open work permits for applicants under the Interim Pathway for Caregivers.

On June 18, 2019, Ministerial Instructions (MI) were issued to create 2 new permanent residence pilots for caregivers:

  • Home Child Care Provider Pilot (HCCPP)
  • Home Support Worker Pilot (HSWP)

These MI replaced the previous MI issued on November 30, 2014.

Refusal to process: Other MI were issued on June 18, 2019, to refuse to process certain caregiver Labour Market Impact Assessment (LMIA)-required work permit applications for outside-of-Canada applicants intending to work in caregiving occupations under the Temporary Foreign Worker Program (TFWP).

Work permits for caregivers can be assessed under one of the following categories:

Initial occupation-restricted open work permits for caregivers under the new pilots

Applicants under the 2 new permanent residence pilots (HCCPP [NOC 4411] and HSWP [NOC 4412]) have all permanent residence requirements assessed upfront, except for the 24 months of eligible Canadian work experience, unless they have already acquired it. Applicants who do not have the work experience are issued an occupation-restricted open work permit under the IMP. An occupation-restricted open work permit allows the applicant to work for any employer but only in the occupation specified, in this case NOC 4411 or NOC 4412.

Work permit applications received under the Temporary Foreign Worker Program (TFWP)

Note: The instructions in this section also apply to LMIA-required work permit applications received on or after June 18, 2019.

Since November 30, 2014, foreign nationals who have job offers and LMIAs for in-home care-giving occupations (live-in and live-out) are assessed and processed as part of the general temporary foreign worker stream.

On June 18, 2019, MI were issued to allow officers to refuse to process certain LMIA-required work permit applications received under the TFWP. For guidance, see instructions on the refusal to process.

In-home caregivers with an LMIA application that has been submitted to Employment and Social Development Canada (ESDC) on or after November 30, 2014, or that were not impacted by the refusal to process implemented by the MI on June 18, 2019, may be eligible to apply for permanent residence under one of the new pathways (excluding applicants with a job location in Quebec):

  • HCCPP
  • HSWP

Work permit applications received under the grandfathered Live-in Caregiver Program (LCP) before November 30, 2014

Note: The Live-in Caregiver Program (LCP) is closed to new applicants. Caregivers can be hired through the program only if employers have both

  • found a caregiver who already has a work permit in the LCP and who is looking for a new employer
  • been approved for an LMIA that shows the caregiver has agreed to live in the employer’s home

Applications to renew authorization to work in Canada as a live-in caregiver that are supported by a positive LMIA, where the LMIA application has been received by ESDC or Service Canada on or before November 30, 2014, are accepted for processing and assessed by IRCC under the requirements of the LCP, allowing for eventual application for permanent residence under the grandfathered LCP (repealed section 113 of the Immigration and Refugee Protection Regulations [IRPR].

Officers should confirm that the

  • LMIA has been issued for NOC 6474 (2006) or 4411 (2011/2016)
  • live-in requirement is met
  • LMIA application has been received on or before November 30, 2014

In these circumstances, the officer should use the special program code “LCP” when issuing work permit renewals, “Case Type” code 57.

These applications for renewal must continue to be processed against the criteria listed in the repealed repealed section R112.

Foreign nationals whose APRs under the LCP have been submitted may be eligible for an open work permit under LMIA exemption code A71.

Find more information on how to determine the receipt date for an LMIA.

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