Refusal to process work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Ministerial Instructions (MI) implemented on June 18, 2019, and updated on April 22, 2022, instruct officers to refuse to process work permit applications received under the Temporary Foreign Worker Program (TFWP) for caregiver occupations in specific circumstances.
The revised MI
- clarify that the refusal to process applies to work permit applications submitted under National Occupational Classification (NOC) 4411 (where the application is received on or before November 15, 2022, under NOC 2016) or 44100 (where the application is received on or after November 16, 2022, under NOC 2021), and 4412 (NOC 2016) or 44101 (NOC 2021) for home child care workers and home support workers, including applications submitted at ports of entry
- prevent foreign nationals currently not authorized to work or study (whether they are physically inside or outside Canada) from obtaining a new caregiver work permit under the TFWP
It is expected that such applicants should apply through the Home Child Care Provider Pilot or the Home Support Worker Pilot from outside Canada; these allow for a clear pathway from temporary to permanent residence.
On this page
- Refusal to process criteria
- Exemption from refusal to process criteria
- Refusal to process scenarios
- Determining the date of receipt for an LMIA
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) if all of the criteria under 1 or 2 below are met.
1. For applications submitted at a port of entry between April 22, 2022, and November 15, 2022
- The applicant is making a work permit application on entry to Canada per section 198 of the IRPR.
- The applicant intends to engage in work as described under NOC 4411 (excluding foster parents) and 4412 (excluding housekeepers).
- The applicant is destined to a job location anywhere in Canada.
2. For applications submitted before or after entry to Canada
- The applicant is making a work permit application before entry to Canada per section R197 or after entry to Canada per section R199.
- The applicant is making a new work permit application. They do not currently hold a valid work or study permit or were not, immediately preceding the application, authorized to work without a work permit under section R186.
- Note: Business visitors cannot make an application for a work permit after entry to Canada.
- The applicant intends to engage in work as described under NOC 4411 (excluding foster parents) and 4412 (excluding housekeepers).
- The applicant is destined to a job location outside Quebec.
- The associated labour marking impact assessment (LMIA) application was received by Employment and Social Development Canada (ESDC) on or after June 18, 2019.
- For work permit applications submitted after entry to Canada, the application was received on or after April 22, 2022.
Work permit applications for caregivers submitted that meet the refusal to process criteria should not be processed. The applicant is to be notified of the refusal to process, and the associated work permit processing fee returned or refunded.
Note: If the applicant intends to engage in work as described under NOC 44100 (excluding foster parents) or 44101 (NOC 2021), the same eligibility criteria mentioned above under bullets 1 and 2 apply to
- applications submitted before or after entry to Canada on or after November 16, 2022
- applications submitted upon entry on or after November 16, 2022
Exemption from refusal to process criteria
Applicants who do not meet the above refusal to process criteria, which, in general, includes eligible in-Canada applicants and applicants destined to Quebec, are not subject to the refusal to process. They 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).
Note: Officers should use the special program code “LSP” and Case Type code 53 when issuing the work permit.
Foster parents and housekeepers
Applicants who intend to work as foster parents under NOC 4411 (NOC 2016) or NOC 44100 (NOC 2021) or who exclusively perform housekeeping duties under NOC 4412 (NOC 2016) 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.
Note: Officers should use the special program code “LSP” and Case Type code 53. Officers should also add 1 of the following conditions in the user remarks on the work permit:
- must be primarily engaged in foster parent duties (NOC 4411 under NOC 2016, and NOC 44100 under NOC 2021)
- must be primarily engaged in housekeeping duties (NOC 4412 under NOC 2016)
Refusal to process scenarios
If application is made | The refusal to process work permit applications applies to | The refusal to process work permit applications does not apply to |
---|---|---|
On entry at a POE | All foreign nationals applying for an LMIA-required work permit (NOC 4411 and 4412) on or after April 22, 2022 (see note) | N/A |
Before entry (overseas) | Foreign nationals residing outside Canada, who are destined outside of QC and the LMIA application for a caregiver was received on or after June 18, 2019 | Those currently authorized to work:
|
After entry | Foreign nationals in Canada without authorization to work, including those applying using the work permit application form for outside of Canada applicants (applications received on or after April 22, 2022) |
Note: The same scenario applies to applications received on or after November 16, 2022, if the applicant is applying for an LMIA-required work permit (NOC 44100 and 44101).
Determining the date of receipt for an LMIA
The LMIA received date may be viewed in the Global Case Management System (GCMS) by 1 of the following methods:
- searching for the LMIA number on the “Search – Employment Validation” screen
- within an existing work permit application in GCMS, navigating to the “Employment Details” tab and refreshing the blank screen to view the LMIA details, which are uploaded from ESDC and Service Canada’s Foreign Worker System
On either of these screens, officers note the LMIA “Receipt Date” field. Officers should also verify if ESDC has indicated anything in the “ESDC Comments” field.
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