Refusal to process Labour Market Impact Assessment (LMIA)-required work permit applications for caregivers received on or after June 18, 2019
This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.
On June 18, 2019, Ministerial Instructions (MI) were issued to allow officers to refuse to process certain Labour Market Impact Assessment (LMIA)-required work permit applications received under the Temporary Foreign Worker Program (TFWP) from caregivers applying from overseas.
Officers must not process applications for new LMIA-required work permits made by foreign nationals under subparagraph 200(1)(c)(iii) of the Immigration and Refugee Protection Regulations (IRPR) if all of the following criteria apply:
- The intended occupation is in National Occupational Classification (NOC) 4411 (excluding foster parents) or 4412 (excluding housekeepers).
- The applicant is outside Canada.
- The applicant is making an initial work permit application (that is, they do not currently hold a valid work permit).
- The applicant is destined to a job location outside Quebec.
- The accompanying LMIA application has been received by Employment and Social Development Canada (ESDC) on or after June 18, 2019.
LMIA-required work permit applications for caregivers received by IRCC that meet the above criteria are not processed. The applicant is notified of the refusal to process, and the associated work permit processing fee is returned.
Applicants who do not meet the above criteria, which, in general, includes in-Canada applicants, are not subject to the refusal to process. They can obtain a work permit with a valid LMIA under the TFWP on or after June 18, 2019.
Note: Under section R199, visitors are not authorized to apply for a work permit after entry (that is, they should be outside of Canada when making a work permit application). Therefore, visitors to Canada who apply for a new LMIA-required work permit for in-home caregiver positions outside Quebec are considered to be subject to this work permit refusal to process.
Applicants who intend to work as foster parents under NOC 4411 or do exclusively housekeeping duties under NOC 4412 also fall outside the scope of these MI. In these circumstances, officers should use the special program code “LSP” and Case Type code 53.
Applications to work in Quebec
Caregivers who have a job location in Quebec, regardless of whether they are inside or outside Canada, may continue to obtain LMIA and work permits under the TFWP. In these circumstances, officers should use the special program code “LSP” and Case Type code 53.
NOC 4411 and 4412 (excluding foster parents in 4411 or housekeepers in 4412) where the LMIA application has been received on or after June 18, 2019
The refusal to process applies only when all the following apply:
- The applicant’s job location is outside Quebec.
- The foreign national is overseas.
- The foreign national has no valid work permit.
|Job location||Foreign national is currently||Refusal to process applies or does not apply|
|In Quebec||In Canada or overseas||Does not apply|
|Outside Quebec||In Canada (and eligible to apply for a work permit from within Canada)||Does not apply|
|Outside Quebec||Overseas (unless the foreign national has a valid work permit)||Applies|
Determining the date of receipt for an LMIA
The LMIA received date may be viewed in the Global Case Management System (GCMS) by one 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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