Refusal to process work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program 

Ministerial instructions (MIs) that take effect on June 18, 2024 instruct officers to refuse to process work permit applications received under the Temporary Foreign Worker Program (TFWP) for caregiver occupations in specific circumstances. Similar instructions have been issued in June 2019, and in 2022 to ensure eligible applicants use permanent resident programs and consequently have a clear pathway from temporary to permanent residence.

On this page

• Refusal to process criteria
• Who is subject to the refusal to process
• Exemption from refusal to process criteria
  • Applicants destined to work in Quebec
  • Foster parents and housekeepers
• Processing cases subject to the refusal to process
• Refusal to process scenarios

Refusal to process criteria

Officers must not process applications for new work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations (IRPR) (i.e., with a labour market impact assessmentif all of the criteria under 1 or 2 below are met.

Part 1. For applications submitted at a port-of-entry

1. the applicant is making a work permit application on entry to Canada (per section 198 of the Immigration and Refugee Protections Regulations) and
2. the applicant intends to engage in work as described under National Occupational Classification (NOC) code 44100 (excluding foster parents) or 44101 or

Part 2. For applications submitted before or after entry to Canada

1. the applicant is making a work permit application before entry to Canada (per section 197) or after entry to Canada (per section 199 of the Immigration and Refugee Protections Regulations)
2. the applicant is making a new work permit application (i.e., does not currently hold a valid work or study permit or was not, immediately preceding the application, authorized to work without a work permit under section 186 of the Immigration and Refugee Protection Regulations)
3. the applicant intends to engage in work as described under National Occupational Classification (NOC) code 44100 (excluding foster parents) or 44101 and
4. the applicant is destined for a job location outside Quebec

Who is subject to the refusal to process

The following foreign nationals are subject to the refusal to process:

• all applicants who are outside Canada
  • This rule does not apply to applicants who are destined to work in Quebec and to applicants who are work or study permit holders.
• all applicants who submit their LMIA-required work permit at the port of entry, including applicants who are destined to work in Quebec
• all visitors who are in Canada, including those who are family members of work or study permit holders or temporary resident permit (TRP) holders.
  • Exception: The last rule above related to visitors does not apply to visitors who are destined to work in Quebec, and who
    • are eligible to apply from within Canada for an employer-specific work permit under an active public policy allowing certain visitors in Canada to apply for an employer-specific work permit or
    • are eligible to apply for work permit under section R199 (such as family members of work or study permit holders or TRP holders).

Exemption from refusal to process criteria

Applicants who don’t meet the above refusal to process criteria can obtain a work permit with a valid LMIA under the TFWP.

Applicants destined to work in Quebec

Applicants who have a job offer as a caregiver from an employer in Quebec may continue to be processed for LMIAs and work permits under the TFWP. However, they are subject to the refusal to process MI if they are making an application for work permit at the port of entry. They must make their application before or after entry (if eligible to make an application inside Canada under section R199 or under an active public policy).

Foster parents and housekeepers

Applicants who intend to work as foster parents under NOC 44100 also fall outside the criteria of these MI. Note that under NOC 2021, light duty cleaners/housekeepers are under NOC 65310 and should be managed according to that NOC description.

Processing cases subject to refusal to process

Work permit applications for caregivers submitted that meet the refusal to process criteria should not be processed.

Applications made before or after entry

The applicant is to be notified of the refusal to process, and the associated work permit processing fee must be returned or refunded.

Applications made at the port of entry

If a foreign national is subject to a refusal to process, the border services officer (BSO) should advise the applicant that they must apply to IRCC before entry (if they are destined to work in Quebec) or after entry (if they are eligible to apply under section R199 and are not subject to the refusal to process after entry).

Refusal to process scenarios