Ministerial Instructions revised on April 22, 2022, instruct officers to refuse to process work permit applications with LMIA supported job offers for caregiver occupations (National Occupational Classification 4411 and 4412 – home childcare workers and home support workers) in specific circumstances.
Refusal to process of work permit (NOC 4411 and 4412) scenarios:
Scenario 1: If the application is made at the port of entry.
On or after April 22 2022, The officer will refuse to process the application of an LMIA-based work permit of all foreign nationals.
Scenario 2: If the application is made outside of Canada.
The officer will refuse to process the application of work permit of all foreign nationals if the job location is destined outside Quebec and the LMIA application for a caregiver was received on or after June 18, 2019.
Exemption: The officer will process the application, if applicant is currently authorized to work and:
- work permit holder
- is not a business visitor
- study permit holder
- destined to work in Quebec
- work permit application for which the LMIA application was received before June 18, 2019
Scenario 3: If the application is made inside Canada.
The officer will refuse to process the work permit application of foreign nationals who are not authorization to work in Canada. For instance: Visitors in Canada.
Exemption: The officer will process the application if applicant is currently authorized to work and:
- work permit holder
- is not a business visitor
- study permit holder
- destined to work in Quebec
- work permit application for which the LMIA application was received before June 18, 2019
Note: Ministerial Instructions exclude applicants who intend to work as foster parents under NOC 4411 or do exclusively housekeeping duties under NOC 4412. Thus, in these specific situation’s applicant may apply for work permit.
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