The Temporary Foreign Worker Program for Applicants in Canada

Last Updated on August 28, 2016

The Temporary Foreign Worker Program for Applicants in Canada

It is worth highlighting that section 207 of the Immigration and Refugee Protection Regulations (IRPR) apply to applicants whom the authorities have determined as being eligible as members of certain in-Canada permanent residence classes. This section typically includes protected persons as well. This is regardless of whether these individuals have applied for permanent resident status or not. As such, the authorities have the ability to issue open work permits to these individuals.

The Labour Market Impact Assessment (LMIA) Exemption Code: A70

Officers would need to note that this exemption applies to the following individuals:

• Members of the live-in caregiver class, who have met the requirements for permanent residence in accordance with the provisions specified in R113
  • According to the provisions specified in R113 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national becomes a member of the live-in caregiver class if:
    • The individual has submitted an application to remain in Canada as a permanent resident
    • The individual is a temporary resident
    • The individual holds a work permit as a live-in caregiver
    • The individual entered Canada as a live-in caregiver and for at least two of the four years immediately following entry, or alternatively, for at least 3,900 hours during a period of not less than 22 months in those four years:
      • The individual resided in a private household in Canada and,
      • The individual provided child care, senior home support care or care of a disabled person in that household without supervision
        • In this scenario, it is worth highlighting that the periods of two years and 3,900 hours might be in respect of more than one employer or household, but will not be in respect of one or more than one employer or household at a time and,
        • The 3,900 hours should not include more than 390 hours of overtime
    • The individual is not (along with the other family members of the individual) the subject of an enforceable removal order or an admissibility hearing under the Immigration and Refugee Protection Act (IRPA) or an appeal or application for judicial review arising from such a hearing
    • The individual did not enter Canada as a live-in caregiver as a result of a misrepresentation concerning the individual’s education, training or experience and,
    • The individual intends to reside in the Province of Quebec and in case the competent authority of that Province has the opinion that the individual meets the selection criteria of the Province
• Members of the spouse or common-law partner class who have satisfied officers that they meet the requirements specified in R124
  • According to the provisions specified in R124 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national becomes a member of the spouse or common-law partner in Canada class if the individual:
    • Is the spouse or common-law partner of a sponsor and cohabits with that sponsor in Canada
    • Has temporary resident status in Canada and,
    • Is the subject of a sponsorship application
• Persons upon whom the authorities have conferred protection in accordance with the provisions specified in A95 (2), such as Convention refugees, successful pre-removal risk assessment (PRRA) applicants etc.
  • According to the provisions specified in A95 of the Immigration and Refugee Protection Regulations (IRPR), the authorities confer refugee protection on a person when:
    • The authorities have determined the person to be a Convention refugee or a person in similar circumstances under a visa application and when the person becomes a permanent resident under the visa of a temporary resident under a temporary resident permit for reasons concerning protection
    • The Board determines that the person is a Convention refugee or a person in need of protection or,
    • The Minister allows an application for protection except in the case of a person described in subsection 112 (3)
  • In addition, it is worth highlighting that a protected person is an individual upon whom the authorities have conferred refugee protection under the above-mentioned points and whose claim or application, the authorities have not subsequently deemed as being rejected under the provisions specified in subsections 108 (3), 109 (3) or 114 (4)
• Persons who have filed applications on Humanitarian and Compassionate (H&C) grounds for whom the authorities have waived one or more eligibility of admissibility requirements under the provisions specified in A25 (1) so that the individuals can become permanent residents
  • Detailed information on this follows subsequently in the section titled ‘Humanitarian and Compassionate (H&C) Considerations’
• Family members of the above-mentioned four categories of people who are in Canada