Changes for work permits issued to caregivers

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

On November 30, 2014, Ministerial Instructions were issued indicating that no new permanent residence application under the live-in caregiver class will be accepted for processing without evidence that the work permit associated with the foreign national’s initial entry as a live-in caregiver under the Live-in Caregiver Program (LCP) was based on a Labour Market Impact Assessment (LMIA). The LMIA request must have been received by Service Canada on or before November 30, 2014.

On the same date, two new permanent residence programs for caregivers with Canadian work experience in certain occupations were launched through Ministerial Instructions.

Pursuant to section 25.2 of the Immigration and Refugee Protection Act, the Minister has established a public policy exempting foreign nationals applying from abroad for initial entry as a live-in caregiver from the requirements under section 112 of the Immigration and Refugee Protection Regulations if the employer’s LMIA application was received at the Employment and Social Development Canada (ESDC)/Service Canada (SC) office after November 30, 2014.

As a result, the following new instructions are provided for officers assessing temporary residents in the care-giving field.

LMIA applications received on or before November 30, 2014

Applications to work in Canada as a live-in caregiver that are supported by a positive LMIA, where the LMIA application was received at the ESDC/SC office on or before November 30, 2014, will be accepted for processing and assessed by Citizenship and Immigration Canada (CIC) under the requirements of the LCP, allowing for eventual application for permanent residence under section R113.

Officers should confirm that the LMIA was issued for the National Occupational Classification (NOC) code 6474, that the live-in requirement exists, and that the LMIA application was received on or before November 30, 2014. In these circumstances, they should use the special program code “LCP” when issuing work permits.

To assist CIC officers, ESDC/SC will enter remarks to appear in ESDC Comments on the ESDC view tab. See Determining the date of receipt for a LMIA below.

These applications must continue to be processed against the criteria listed in section R112.

LMIA applications received after November 30, 2014

Employers may continue to submit LMIA applications for care-giving occupations under the streams for low- and high-wage positions. As with other occupations, the appropriate stream is determined by comparing the prevailing wage for the position to the provincial or territorial median hourly wage. Regular stream-specific program requirements apply (e.g., airfare, health coverage, workplace safety insurance, employment contract, etc.).

LMIA applications from private households will no longer be automatically classified under NOC code 6474. The occupation will be determined by the job duties set out in the LMIA application, consistent with practices used in the low- and high-wage LMIA application streams.

Caregivers not part of the LCP (regular temporary foreign worker stream)

There will continue to be workers who have job offers and LMIAs for in-home care-giving occupations (live-in and live-out), but who are not part of the LCP. These workers will be assessed and processed as part of the general temporary foreign worker stream, as the specific requirements for live-in caregivers under section R112 have been waived under public policy.

Note: This includes work permit applications received by CIC where “What type of work permit are you applying for?” has been answered with “Live-In Caregiver Program” and who are associated with a LMIA application that was received after November 30, 2014, at an ESDC/SC office, (i.e., the applicant answered incorrectly). These applications should be processed under the regular temporary foreign worker stream, not refused.

In order to distinguish caregivers in the LCP from those in the regular Temporary Foreign Worker Program (TFWP), officers are instructed to use special program codes when applicable. For example, when processing work permit applications for temporary foreign workers who work in a care-giving occupation under the “Low Skill Pilot Project” (i.e., NOC C and D), officers should include the special program code “LSP” (not “LCP”).

When entering remarks on temporary foreign worker care-giving work permits (including extensions and change of employer work permits), officers must include the following remarks for all caregivers who are not part of the LCP (LMIA was received after November 30, 2014) but who will be providing live-in care-giving services: “Applicant is not part of the LCP, nor are they eligible to apply for PR under this program.”

In the Global Case Management System (GCMS), officers should navigate to the User Remarks (not System Remarks) field on the Permit applet in the Finalize Application view tab to enter the remarks.

Applications in Canada for extension or change of status

The following applications are not affected:

  • applications for extensions to LCP work permits made inside Canada by those who have already been accepted into the program as live-in caregivers, and who meet the requirements of the program, including the requirement to live in the home of the employer;
  • applications for open work permits made by those whose applications for permanent residence under the live-in caregiver class have been submitted.

In both of these situations, officers should use the special program code “LCP” when issuing work permits.

Other changes to program

  • As of November 30, 2014, caregivers in the LCP now have the option to live in or live out, subject to the contracts with their employer.
  • Caregivers who live out are not considered part of the LCP, regardless of whether their previous work permit was issued in the LCP, and are not eligible to apply for permanent residence under the LCP.
  • However, caregivers who entered Canada as part of the LCP, and subsequently choose to live out, may re-enter the LCP by living in again, as long as they do so within their qualifying period for permanent residence application purposes.
  • Caregivers should be aware that moving from live-in to live-out and vice versa will require a new LMIA and a new work permit to reflect the conditions of employment or changes in the employment contract.

For more information on the changes to the LCP concerning permanent residence, see Caring for children and caring for people with high medical needs classes.

Determining the date of receipt for a LMIA

The LMIA received date may be viewed in GCMS by one of the following methods:

  • searching for the LMIA number in the Search – Employment Validation screen;
  • within an existing work permit application in GCMS, navigating to the ESDC tab and refreshing the blank screen to view the LMIA details which are uploaded from ESDC/SC’s Foreign Worker System.

Within either of these screens, officers will note the new LMIA Received Date field. Officers should also verify if ESDC has indicated anything in the ESDC Comments field.

If ESDC’s LMIA decision date was on or before November 30, 2014, ESDC will not indicate anything in particular in the ESDC Comments field.

For new LMIA applications received at the ESDC/SC office on or before November 30, 2014, ESDC will include the following remarks on the LMIA, which can be viewed in the ESDC Comments field in GCMS: “LMIA application received on YYYY-MM-DD and processed under LCP.”

For LMIA applications where the foreign national is presently in the LCP, ESDC will similarly state on the LMIA: “Employer has indicated that the foreign national is an LCP participant and that the job offer is for a live-in position.” Officers should still confirm that the applicant is indeed in the LCP by reviewing previous applications and documents issued in GCMS.

Resources

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