Your gateway to Canada

LMIA FOR CAREGIVERS LIVING OUTSIDE CANADA NO LONGER ACCEPTED

By Atty. Henry Moyal

1. My niece is a registered nurse in Bahrain. My neighbor’s mother just had a stroke and is in need of an in-home caregiver. I suggested that she hire my niece and to start the process to obtain an LMIA ( labor market opinion) and get a work permit to work in Canada. I heard that my niece can also apply for permanent residence. Which route is faster?
2. In 2019, IRCC Canada Immigration made significant change to the caregiver program. Firstly, IRCC stopped processing LMIA applications for caregivers who were outside of Canada.

As stated on  IRCC site:

As of June 18, 2019, we’ll no longer process new work permit applications to work as in-home caregivers if:

• you’re applying from outside Canada
• you’re applying through the Temporary Worker Program
• you’ll be working outside of Quebec, and
• your employer applied for an LMIA on or after June 18, 2019

Second, in 2019 IRCC closed several caregiver programs which were:  Interim Pathway for Caregivers, Caring for Children and Caring for High Medical Needs program.

Finally, to replace the above IRCC introduced two new programs that are currently active and with an allotment of 2750 visa per stream per year : Home Support Worker and Home Child Care Provider.

Under the HSW or HCCP programs, applicants can include all family members at the start and is a permanent resident program in addition to obtaining a work permit.

Given the above, the best approach would be for your neighbor to apply for the HSW program and enter Canada with an open work permit.

1. My friend came to Canada and unfortunately listened to an immigration consultant and filed for refugee status. The refugee claim was refused ten years ago and he was deported. A few years after that my friend changed his name and obtained a new passport/visa to come to Canada. He is in Mississauga now and we want to get married. Can I sponsor him?
2. This is a difficult scenario on so many levels. My initial concern is that your friend did not obtain an authorization to return when he came back to Canada. All persons who are deported must obtain permission to return before coming back. As well, if the new passport was genuine ( even if a new name), did he disclose the truth and answer all questions truthfully on the visitor visa application. My suspicion is that he did not tell the visa office of his past refugee claim refusal or deportation. Bottom line is that if the marriage is genuine, then yes, you can file a sponsorship application but I suspect that your friend will be contacted by CBSA regarding his past and current entry. Best to obtain proper assistance from an experienced immigration lawyer before filing any application.

1. My mother has been in Canada as a visitor for 4 years ( we keep on filing extensions) and each year I have tried to sponsor her but I never get selected in the lottery. When will the next one be announced? What is the limit of number of extensions a person can obtain?
2. As of this writing, IRCC has not yet announced when the 2022 program will re-open. In the past, IRCC has stated it would be sometime in late 2022 but given the current immigration situation due to the war in Ukraine that may all change. That being said, there is no law that quantifies exactly how many extensions a person can obtain. Each case is different. Hopefully your mother has a super visa and it is recommended that you continue to file the extensions.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193