I received several inquires both from the employers and kababayans regarding work permit applications for caregivers where the LMIA application was received under the Temporary Foreign Worker Program. An update took effect on June 18, 2024, to the ministerial instruction issued in June 2019 and in 2022 to instruct officers to refuse to process work permit applications received under the Temporary Foreign Worker Program (TFWP) for caregiver occupations in specific circumstance. This is to ensure that eligible applicants use permanent resident programs and consequently have a clear pathway from temporary to permanent residence.
Immigration officers MUST NOT process application for new work permits made by foreign nationals under subparagraph 200(1) (c)(iii) of the Immigration and Refugee Protection Regulations (IRPR) (i.e. with a labour market impact assessment if all of the criteria under 1 and 2 below are met.
Part 1. For applications submitted at port-of-entry
a. the applicant is making a work permit application on entry to Canada (as per section 198 of IRPR) AND
b. the applicant intends to engage in work as described under National Occupational Classification (NOC) code 44100 (excluding foster parents) or 44101 OR
Part 2. For applications submitted before or after entry to Canada
a. 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 Immigration and Refugee Protections Regulations)
b. the applicant is making a new work permit application (i.e., does 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 Immigration and Refugee Protection Regulations)
c. the applicant intends to engage in work as described under National Occupational Classification (NOC) code 44100 (excluding foster parents) or 44101 AND
d. the applicant is destined for a job location outside Quebec
Who is subject to the refusal to process
The following foreign nationals are subject to the refusal to process:
– all applicants who are outside Canada This rule does not apply to applicants who are destined to work in Quebec and to applicants who are work or study permit holders.
– all applicants who submit their LMIA-required work permit at the port of entry, including applicants who are destined to work in Quebec
– all visitors who are in Canada, including those who are family members of work or study permit holders or temporary resident permit (TRP) holders.
Exception: The last rule above related to visitors does not apply to visitors who are destined to work in Quebec, and who
– are eligible to apply from within Canada for an employer-specific work permit under an active public policy allowing certain visitors in Canada to apply for an employer-specific work permit or
– are eligible to apply for work permit under section R199 (such as family members of work or study permit holders or TRP holders).
Exemption from refusal to process criteria
Applicants who don’t meet the above refusal to process criteria 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 or under an active public policy).
Source: Immigration, Refugees and Citizenship Canada
Contact Marjorie at [email protected]
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 CICC. The views expressed in this article do not necessarily reflect those of RCIC’s.
