A kababayan approached me regarding his sister’s case. His sister has a valid child caregiver work permit that was obtained with the support of an LMIA. The sister was terminated by the Employer and she now found a new Employer who is willing to apply for LMIA. With the recent changes in the new Caregiver Pilot programs the question is can the Employer apply for LMIA so that the caregiver can extend her status and change her work permit?
ESDC’s new guidelines instruct officers to refuse to process certain LMIA applications for caregivers if certain conditions are met. Let us review the new instructions here:
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.
Based on the above, the caregiver does not meet all of the above criteria as is she applying from within Canada and she currently holds a valid work permit. The Employer is exempt from the refusal to process instructions and therefore, the caregiver can apply for a work permit with a new LMIA under the Temporary Foreign Worker Program.
I forgot to ask though how many months of Canadian work experience the caregiver has completed. I wanted to assess her if she meets the eligibility requirements under the Interim Pathway for Caregivers. The Interim Pathway which was opened for a second time last month will remain open until October 8, 2019. If the caregiver completed 12 months of work experience as a caregiver under the LMIA work permit and meets all the requirements, she may be able to apply under this interim program.
If you have questions regarding the above article you may contact Marjorie at [email protected]
Source: Immigration and Refugee Protection Regulation (IRPR)
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of ICCRC. The views expressed in this article do not necessarily reflect those of RCIC’s
