Refusal to process work permit applications for caregivers where the LMIA application was received on or after June 18, 2019

Mercan Canada Employment Philippines. Inc.

Refusal to process work permit applications for caregivers where the LMIA application was received on or after June 18, 2019

Ministerial Instructions (MIs) implemented on June 18, 2019 and revised 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 MIs

  • clarify that the refusal to process work permit applications for the specific occupations (National Occupational Classification 4411 and 4412 – home child care workers and home support workers) includes applications submitted at ports of entry
  • prevent foreign nationals currently not authorized to work/study (whether they are physically inside or outside Canada) from obtaining a new caregiver work permit under the Temporary Foreign Worker Program unless they are exempt

It is expected that such applicants should apply through the Home Child Care Provider or Home Support Worker pilots which allow for a clear pathway from temporary to permanent residence.

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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 on or after April 22, 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 National Occupation Classification (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 197, or after entry to Canada per section 199 of the IRPR
  • the applicant is making a new work permit application. They do 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 IRPR
    • Note: business visitors cannot make an application for work permit after entry to Canada
  • the applicant intends to engage in work as described under National Occupational Classification code (NOC) 4411 (excluding foster parents) and 4412 (excluding housekeepers)
  • the applicant is destined to a job location outside Quebec
  • the associated 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 is returned or refunded.

Exemption from refusal to process criteria

Applicants who do not meet the above 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 MIs 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 or housekeepers

Applicants who intend to work as foster parents under NOC 4411 or do exclusively housekeeping duties under NOC 4412 also fall outside the criteria of these MIs.

Note: Officers should use the special program code “LSP” and Case Type code 53. Officers should also add one of the following conditions in the user remarks on the work permit:

  • must be primarily engaged in foster parent duties (NOC 4411)
  • must be primarily engaged in housekeeping duties (NOC 4412)

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 N/A
Before entry (overseas) Foreign nationals residing outside, if destined outside QC and the LMIA application for a caregiver were received on or after June 18, 2019 Those currently authorized to work:

  • work permit holders
  • foreign nationals authorized to work under R186 (except R186(a))
  • study permit holders
  • applicants destined to QC
  • work permit applications for which the LMIA applications were received before June 18, 2019
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)

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.