The Canadian government updated the Ministerial Instructions (MIs) on April 22, 2022, allowing officers to refuse to process overseas caregivers' work permit applications received under the Temporary Foreign Worker Program (TFWP).
The revised instructions clarify that the refusal to process work permit applications for NOC 4411 and 4412 occupations – home child care workers and home support workers includes applications submitted at the port of entry. In addition, they will prevent foreign nationals from obtaining a new caregiver work permit under the TFWP if they are not authorized to work or study in Canada.
Applicants who meet the refusal to process criteria for caregiver work permits should not be processed. Therefore, the applicant is to be notified of the refusal to process, and the associated work permit processing fee is returned or refunded.
Also, applicants who fail to meet the criteria, which include in-Canada applicants as well as Quebec applicants, will not be refused. However, they are eligible for a work permit under the TFWP if they have a valid LMIA.
Those who receive these work permits will not be eligible under the Home Child Care Provider and Home Support Workers pilot programs as their work experience would not qualify as eligible "Canadian work experience" required under the two programs.