The Government of Canada has announced significant changes to the work permit processing guidelines for caregivers under the Temporary Foreign Worker Program (TFWP). Effective June 18, 2024, these new guidelines aim to streamline the process and clarify the refusal criteria, ensuring a fair and efficient system for applicants.

New Ministerial Instructions

On June 18, 2024, Canada issued new ministerial instructions (MI) directing officers to refuse to process work permit applications under the TFWP for caregivers in specific circumstances. These instructions were issued to ensure that eligible applicants use permanent resident programs, providing a clear pathway from temporary to permanent residence.

Criteria for Refusal to Process

The new guidelines outline specific circumstances under which work permit applications for caregivers will not be processed. Officers must refuse applications if the following criteria are met:

Part 1: Applications Submitted at a Port of Entry

• The applicant is applying for a work permit on entry to Canada (per section 198 of the Immigration and Refugee Protection Regulations).
• The applicant intends to engage in work described under National Occupational Classification (NOC) codes 44100 (excluding foster parents) or 44101.

Part 2: Applications Submitted Before or After Entry to Canada

• The applicant is applying for a work permit before entry (per section 197) or after entry (per section 199 of the Immigration and Refugee Protection Regulations).
• The applicant does not currently hold a valid work or study permit and was not authorized to work without a permit under section 186 of the Immigration and Refugee Protection Regulations.
• The applicant intends to work under NOC codes 44100 (excluding foster parents) or 44101.
• The applicant is destined for a job location outside Quebec.

Who is Subject to the Refusal to Process?

The new refusal to process criteria affects various groups of foreign nationals:

• All applicants outside Canada.
• All applicants submitting LMIA-required work permits at the port of entry, including those destined to work in Quebec.
• Visitors in Canada, including family members of work or study permit holders or temporary resident permit (TRP) holders.

Exemptions and Special Cases

Applicants who do not meet the refusal to process criteria can still obtain a work permit with a valid LMIA under the TFWP. Specific exemptions include:

• Applicants destined to work in Quebec.
• Foster parents intending to work under NOC 44100.
• Housekeepers categorized under NOC 65310.

Handling Applications Subject to Refusal

For applications that meet the refusal to process criteria, officers must:

• Notify the applicant of the refusal to process.
• Return or refund the associated work permit processing fee.
• Advise the applicant to apply before entry if destined to work in Quebec or after entry if eligible under section R199.

The updated guidelines for work permit processing under the TFWP aim to provide clarity and efficiency in handling caregiver applications. By outlining specific criteria for refusal to process, the Government of Canada ensures that only eligible applicants are processed, promoting a fair system for all. These changes are part of Canada’s ongoing efforts to streamline immigration processes and provide clear pathways from temporary to permanent residence. For caregivers seeking to work in Canada, understanding these new guidelines is crucial. By following the correct procedures and meeting the outlined criteria, applicants can navigate the process more effectively and increase their chances of obtaining a work permit.

Add ImmigCanada to Your Google News Feed