Occupation-restricted open work permits under the Home Child Care Provider Pilot or Home Support Worker Pilot – Category A applicants [R205(a) – C90] – International Mobility Program

Mercan Canada Employment Philippines. Inc.

Occupation-restricted open work permits under the Home Child Care Provider Pilot or Home Support Worker Pilot – Category A applicants [R205(a) – C90] – International Mobility Program

These instructions apply to IRCC employees. Since applicants cannot submit their applications at a port of entry, the instructions do not apply to border services officers.

This page provides instructions for processing work permit applications under the permanent residence Home Child Care Provider Pilot (HCCPP) (National Occupational Classification [NOC] 4411) and Home Support Worker Pilot (HSWP) (NOC 4412).

The instructions on this page should be reviewed in conjunction with

The occupation-restricted open work permit is issued under the authority of paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR), as the work of caregivers plays an important role in supporting Canadian families. As foreign nationals in transition to permanent residence, caregiver applicants under the pilots are expected to make significant economic and social contributions to society.

There are 2 categories—category A and category B.

Applicants who belong to category A must submit their work permit application with their permanent residence application package, and the requirements for permanent residence are assessed first. If they have less than 24 months of eligible Canadian work experience but meet all other requirements, they should be issued an occupation-restricted open work permit that will allow them time to obtain the eligible work experience.

Applicants who belong to Category B are not eligible to receive a work permit for the purpose of obtaining the necessary work experience, because they already meet the minimum experience requirements of the permanent residence program. However, they may be eligible for a bridging open work permit.

On this page

Applicant categories

Applicants under the pilots are divided into 2 categories, depending on whether or not they have the eligible Canadian work experience:

  • Category A is defined as a group of applicants (outside or inside Canada) who have from 0 to 23 months of eligible Canadian work experience.
  • Category B is defined as a group of applicants who have already completed the 24 months of eligible Canadian work experience under either NOC 4411 or NOC 4412 (combined work experience under the 2 NOCs is not counted) on the date the permanent residence application under 1 of the pilots is made.
    • Category B applicants are not eligible for an occupation-restricted open work permit. However, they could be eligible to apply for a bridging open work permit after receiving a positive eligibility decision.

Eligibility

To be eligible for an occupation-restricted open work permit under one of the pilots, the applicant must

  • apply for the occupation-restricted open work permit in the same package as their application for permanent residence, either
    • on paper
    • online via the Permanent Residence Portal (as of August 17, 2021)
  • meet the eligibility requirements under the HCCPP or HSWP
  • have an eligible job offer
  • be able to perform the work described in the lead statement of the occupational description of the NOC
  • have paid the work permit processing fee ($155) and the open work permit holder fee ($100)

Officers may consult the Home Child Care Provider Pilot and Home Support Worker Pilot instructions for guidance on permanent residence eligibility criteria, intake and processing.

Note: Due to the complexity of the application process, category A applicants cannot submit their work permit application upon entry to Canada at the port of entry.

Receipt of work permit applications

Work permit applications must be submitted with applications for permanent residence.

Officers should confirm that the correct work permit application was submitted with the permanent residence application package.

Application forms

For applicants who are physically outside of Canada, the Application for Work Permit Made Outside Canada [IMM 1295] (PDF, 572 KB) should be received, with the appropriate fees: $155 work permit fee and $100 open work permit holder fee.

For applicants who are physically in Canada and are authorized to apply for a work permit after entry as per section R199, the Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker [IMM 5710] (PDF, 587 KB) should be received, with the appropriate fees: $155 work permit fee and $100 open work permit holder fee.

For applicants who are physically in Canada but are not authorized to apply after entry, the Application for Work Permit Made Outside Canada [IMM 1295] (PDF, 572 KB) should be received, with the appropriate fees: $155 work permit fee and $100 open work permit holder fee.

Important: All applicants are required to maintain their status and authorizations if in Canada. They may need to apply for an extension of their temporary resident status separately to ensure they do not fall out of status while awaiting a decision on their pilot application.

Method of receipt of application

For pilot application packages submitted through regular mail, officers should find the correct paper version of the work permit application included with the permanent residence application and supporting documents.

For pilot application packages submitted via the Permanent Residence Portal, officers will find the work permit application as “Other” in the list of documents in the portal.

Regardless of method of receipt, after creation and promotion of the completed permanent resident application, the officer will

  • create the prospective work permit application in the Global Case Management System (GCMS)
  • promote the work permit application once all required data entry is complete

Processing work permit applications

If the officer is satisfied that the applicant meets the eligibility requirements under category A and is not inadmissible, the officer will issue an occupation-restricted open work permit.

In some cases, category A applicants may submit the proof of work experience before IRCC issues the work permit. Regardless of proof of completion of 24 months’ experience, the same process is followed, as they were category A at the time of application submission.

Permanent residence application is refused

If the application for permanent residence is refused (a stage 1 negative decision), the following procedures apply:

For work permit applications made using the outside Canada application form, the officer will

For work permit applications made using the in-Canada application form, the officer will

Note: For negative decisions, the same procedure applies to accompanying family members who submitted an application for a work permit, study permit, temporary resident visa 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 will refuse the work permit application for the principal applicant and cancel and refund all overseas temporary residence applications.

Applicant is inadmissible or non-compliant

If it is determined that a category A applicant is in Canada and has lost their status or been determined inadmissible, the officer should follow the instructions for assessing the permanent residence application first.

If the officer passes the permanent residence admissibility based on humanitarian and compassionate considerations, they must determine if the issuance of a temporary resident permit (TRP) is warranted to overcome any non-compliance or inadmissibility and allow the applicant to regain their temporary resident status.

If the TRP is issued, then the occupation-restricted open work permit may be issued for the same length of time as the TRP. However, the work permit is issued under paragraph R207(d) since the applicant has applied for permanent residence and the Minister granted them an exemption under humanitarian and compassionate grounds. The permanent residence application remains in the pilot.

Since the applicant is still part of the pilot and the work permit is issued under the pilot, the following coding is used: labour market impact assessment (LMIA) exemption code A70.

All other coding remains the same.

Work permit issuance in the Global Case Management System (GCMS)

Under the “Application” screen, officers should enter the following information in the specified fields:

Field Selection or input
Case type 20
Province of destination Unknown
City of destination Unknown
Exemption code C90
NOC 4411 Child Care

4412 Home Support

Special Program Code CARE4411 (Caregivers&fam-HCCP Pilot)

CARE4412 (Caregivers&fam-HSW Pilot)

Intended occupation Home Child Care Provider

Home Support Worker

Employer Open
Duration 36 months or until the expiry of the passport or travel document, whichever is earlier
Conditions
(mandatory)
Not authorized to work in any other occupation

Officers must include the following condition in the work permit remarks:

  • May not engage in employment in the province of Quebec
User remarks
(mandatory)
For work permits approved outside of Canada:

  • POE: Please issue for 3 years from date of entry or until passport expiry, whichever is earlier.

Validity and renewals

The occupation-restricted work permit will be issued for a maximum of 3 years. The 3-year period starts on the day the work permit is issued.

If the initial work permit was issued for less than 3 years to align with the passport validity, an extension may be issued for the remaining eligibility period. To align with permanent residence objectives under the HCCPP and HSWP, the extension must not exceed 3 years from the date of issuance of the initial work permit under the pilot.

For example, if the work permit was issued for 2 years, it may be extended for 1 year from the date of expiry to ensure that the total period of time does not exceed 3 years.

Spouses or common-law partners and dependants of category A applicants [R205(a) – C91]

Processing temporary residence applications for family members

Officers must confirm the family member is included as accompanying in the application for permanent residence before finalizing any temporary residence applications.

Officers can request proof that adequate arrangements have been planned for the lodging of dependants, if the job offer has a live-in requirement.

Dependants may submit their temporary residence application with the principal applicant’s application for permanent residence, either

  • on paper or
  • online via the Permanent Residence Portal (as of August 17, 2021)

Important: If the permanent residence application is submitted through the Permanent Residence Portal, once submission is complete, no additional applications or documentation can be added through the portal.

Note: In the Permanent Residence Portal, temporary residence applications for the principal applicant and for dependants are both submitted by

  • uploading all their temporary residence forms under Upload required supporting documentation
  • choosing document type Other

Dependants who did not include their temporary residence application in the same package as the caregiver application for permanent residence (on paper or through the Permanent Residence Portal) can only submit their application after the caregiver (principal applicant) receives an acknowledgement of receipt letter confirming that the permanent residence application has been put into processing.

Important: Real permanent resident application numbers start with an E. A confirmation of submission, which uses a temporary application number that starts with an X, is an automated email notification sent when an application is submitted in the Permanent Residence Portal. A confirmation of submission is not sufficient proof of approval in principal for issuance of a work permit to a dependant.

In such cases, dependants must upload proof of the principal applicant’s acknowledgement of receipt letter in the “Client Information” field when they apply online through the IRCC secure account (MyCIC Account).

If migration offices receive an online application from dependants overseas and the occupation-restricted open work permit has not yet been issued for the caregiver’s application for permanent residence, the migration office should

  • transfer the online application to the Case Processing Centre in Edmonton (CPC-E) or the local office handling the application for permanent residence, and set the CPC-E or local office as a secondary office
  • add this note in GCMS:
    • Principal applicant’s caregiver permanent residence application is pending stage 1 approval. Transferred to CPC-E (or local office) for processing and final decision.

Upon review of the temporary residence application, the CPC-E or local office will put the application on hold until eligibility and admissibility are met (and the principal applicant’s occupation-restricted open work permit is issued).

If the dependants are eligible to apply for temporary residence after entry and they used the in-Canada form, the CPC-E or local office will process the application and make the final decision as per the regular procedure.

If migration offices receive an online application from dependants overseas and the CPC-E has already issued a positive stage 1 approval letter and occupation-restricted open work permit to the caregiver applicant, the appropriate migration office can make a final decision on the temporary residence application.

Dependent family members eligible for an open work permit

Accompanying spouses or common-law partners and adult dependants are eligible for an open work permit. The work permit is issued under the authority of paragraph R205(a).

Adult dependants are those who meet the definition of dependent child and are past the age of majority for their place of residence in Canada.

Age of majority

The age of majority is 18 years in Alberta, Manitoba, Ontario, Prince Edward Island and Saskatchewan. For example, a 17-year-old dependent child applying to work in one of these provinces is not eligible to apply for an open work permit under the caregiver pilots.

The age of majority is 19 years in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, the Northwest Territories, Nunavut and the Yukon.

Study permits

The instructions on this page should be reviewed in conjunction with Temporary Residents: Students.

Minor children

Minor children already in Canada are authorized under subsection 30(2) of the Immigration and Refugee Protection Act (IRPA) to study without a study permit at the preschool, primary or secondary level if one of their parents (biological or adoptive) is authorized to work or study in Canada. This includes temporary residents who are

  • work permit holders
  • study permit holders
  • visitor status holders (for example, visitor record holders) who are either authorized to work without a permit, as per section R186, or authorized to study without a permit, as per section R188

Validity period of the study permit

The validity of the study permit is tied to the validity of the caregiver’s work permit or lasts until the expiry of the passport or travel document, whichever is earlier.

Special program code

For accompanying spouses or common-law partners and dependants who are issued a study permit, officers must indicate the special program code CARE4411 (Caregivers&fam-HCCP Pilot) or CARE4412 (Caregivers&fam-HSW Pilot) under which the caregiver is applying.

Temporary resident visa or electronic travel authorization

Preschool-age dependants need to apply for either a temporary resident visa (TRV) or an electronic travel authorization (eTA). At the port of entry, the preschool-age dependant should be authorized to enter for the same duration as the principal applicant’s occupation-restricted open work permit or until the expiry of the passport or travel document, whichever is earlier.

Special program code for visitors

For accompanying spouses or common-law partners and dependants who are issued either a temporary resident visa (TRV) or a visitor record, officers must indicate the special program code CARE4411 (Caregivers&fam-HCCP Pilot) or CARE4412 (Caregivers&fam-HSW Pilot) under which the caregiver is applying.

Scenarios

While it is preferred that any work permit or study permit applications for dependants be included in the principal applicant’s permanent residence application, there are cases where dependants may choose to submit their work or study permit applications together as a family group or later in the process. Below are 3 such scenarios.

Principal applicant and dependants are overseas

Principal applicant

  • The principal applicant submits an application for permanent residence and a work permit application using the Application For Work Permit Made Outside of Canada [IMM 1295] (PDF, 572 KB).
  • If the eligibility criteria (except the work experience) are met and the applicant and family members are not inadmissible, the following happens:
    • A decision letter (letter of introduction) is issued.
    • Once the principal applicant arrives at the port of entry, an occupation-restricted open work permit may be issued.
      • The length of the work permit is aligned with the permanent residence window (3 years or until the passport expires, whichever is first).

Dependants

  • Dependants are eligible to apply for an open work permit (LMIA exemption code C91), an open study permit (exempt from the requirement to obtain a letter of acceptance from a designated learning institution [DLI]) or a TRV.
  • They must use the appropriate work permit, study permit or TRV application forms for applicants outside of Canada. They can send their forms with the principal applicant’s application for permanent residence, or as a separate temporary residence application upon receipt of the acknowledgement of receipt (with an application number starting with an E).
  • They may be eligible for an open study permit, meaning they are exempt from the requirement to obtain a letter of acceptance from a designated institution (DLI) as per subsection R219(2) if the principal applicant’s work permit application was approved before the principal applicant entered Canada.

Principal applicant is in Canada and dependants are overseas

Principal applicant

Dependants

  • Dependants are eligible to apply for an open work permit (LMIA exemption code C91).
  • They are eligible to apply for an institution-specific study permit (a letter of acceptance is required).
  • They are eligible for a TRV (for example, preschool-aged children).
  • They must use the appropriate work permit, study permit or TRV application form for applicants outside of Canada. They may send it with their application for permanent residence or as a separate temporary residence application upon receipt of the acknowledgement of receipt (with an application number starting with an E).

Principal applicant is in Canada as a visitor and dependants are overseas

Principal applicant

  • The principal applicant submits an application for permanent residence and a work permit application using the Application For Work Permit Made Outside of Canada [IMM 1295] (PDF, 572 KB) form.
  • The principal applicant is ineligible to apply for a work permit after entry under section R199.
  • If the eligibility criteria (except the work experience) are met and the applicant and family members are not inadmissible, the following happens:
    • A decision letter (letter of introduction) is issued.
    • The principal applicant will have to leave Canada, and on their return after entering another country, at the port of entry, an occupation-restricted open work permit may be issued.
    • The length of the work permit is aligned with the permanent residence window (3 years or until the passport expires, whichever is first).

Dependants

  • Dependants are eligible to apply for an open work permit (LMIA exemption code C91).
  • They are eligible for an open study permit if they apply prior to the issuance of the principal applicant’s occupation-restricted work permit. Otherwise, they are eligible for a regular institution-specific study permit (they must have a letter of acceptance from a DLI).
  • They are eligible for a TRV (for example, preschool-aged children).
  • They must use the appropriate work permit, study permit or TRV application form for applicants outside of Canada. They may send it with their application for permanent residence or as a separate temporary residence application upon receipt of the acknowledgement of receipt (with an application number starting with an E).