IRCC Announces Refusal To Process Work Permit Applications For Caregivers

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On June 18, 2019, a Ministerial Instruction for Temporary Foreign Worker Program was released that was then revised on April 22, 2022, that instructed officers to refuse to process work permit applications received under the Temporary Foreign Worker Program for caregiver occupations in specific circumstances.

 

Recently, the IRCC announced another update stating that immigration officers should not process new work permit applications made by foreign individuals under the Immigration and Refugee Protection Regulations (IRPR) subparagraph 200 (1). (c). (iii) if the list of criteria stated below is met:

 

  1. Applications submitted at the port of entry on or after April 22, 2022
  • The applicant is applying for a work permit on entry to Canada as per section 198 of the IRPR
  • Applicant aims to set about in work as described in the National Occupation Classification (NOC) 4411 and 4412
  • The applicant is meant to a job location anywhere across Canada

 

  1. Applications submitted before or after entering Canada
  • The applicant is applying for a work permit on entry to Canada as per section 198 of the IRPR
  • The applicant is applying for a new work permit, meaning they either do not currently hold any valid work or study permit, was not straight away foregoing with the application, authorized to work without any work permit under the IRPR section 186
  • Applicant aims to set about in work as described in the National Occupation Classification (NOC) 4411 and 4412
  • The applicant is meant to a job location outside Quebec
  • The applicant’s LMIA application was received by the Employment and Social Development Canada (ESDC) on or after June 18, 2019
  • Applications for a work permit were submitted after entering Canada and the said application was received on or after April 22, 2022

 

You may be wondering how the IRCC determines the date of receipt for an LMIA. It can be viewed in the Global Case Management System (GCMS) through the following methods

  • LMIA number is being searched on the Search – Employment Validation screen
  • Navigating the Employment Details tab and refreshing the blank screen to be able to view the LMIA application details that are uploaded from the ESDC as well as Service Canada’s Foreign Worker System
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