ESDC Halts Processing of Caregiver LMIAs Following the Revamping of Canada's Caregiver Program
On June 18, 2019, Ministerial Instructions were issued to allow Employment and Social Development Canada (ESDC) officers to refuse to process certain Labour Market Impact Assessment (LMIA) applications received under the Temporary Foreign Worker Program from caregivers applying from overseas.
Officers must not process applications for new LMIA-required work permits made by foreign nationals if all of the following criteria apply:
The intended occupation is in National Occupational Classification (NOC) 4411 (excluding foster parents) or 4412 (excluding housekeepers)
The applicant is outside Canada
The applicant is making an initial work permit application (that is, they do not currently hold a valid work permit)
The applicant is destined to a job location outside Quebec
The accompanying LMIA application has been received by ESDC on or after June 18, 2019
The good news is that caregivers will now be able to apply for occupation-restricted work permits under the new Home Child Care Provider Pilot or Home Support Worker Pilot. These pilots allow qualified foreign caregivers and their family members to come to Canada under work permits that are job specific (but not employer specific) and eventually transition to permanent residency.