Ministerial Instructions 52

[tertelberger]

I have just found the new ministerial instructions issues by Sean Frazer at https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi-52.html

As I read it, it appears to say that they are automatically going to refuse all applications for both HSWP and HCCP pilots unless the applicant already has their 24 months of experience.

Has anybody heard anything about this? Am I reading it correctly?

 

[jamshidmohammadiasl]

I think it is only for the LMIA applicants.

 

[cool_boy007]

I have just found the new ministerial instructions issues by Sean Frazer at https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/ministerial-instructions/other-goals/mi-52.html

As I read it, it appears to say that they are automatically going to refuse all applications for both HSWP and HCCP pilots unless the applicant already has their 24 months of experience.

Has anybody heard anything about this? Am I reading it correctly?

This is mostly applied to visitors . They can not apply under lmia now . They can apply under only hccp and hsw

 

[ProudNanny]

It says that if I’m on visitor visa now, then I applied thru TFW as a caregiver, they may be refused or if somehow the ircc approved their work permit, their Canadian experience WILL NOT be counted as hccp PR canadian experience, unless their work restricted open work permit will be issued (then that’s the time that their canadian experience will be counted).

They will now stop giving work permit under LMIA for everyone applying caregiver, and just accept HCCP applicants.
I am under TFW program (with 16 months canadian experience) as a caregiver NOC 4411. They will consider my accumulated canadian experience only because I still have a VALID WORK PERMIT from LMIA before.

After June 2019, there are few caregivers who arrived here under the TFW program NOT LIVE IN CAREGIVER PROGRAM. Their experience will still be accepted.

 

[roye]

It says that if I’m on visitor visa now, then I applied thru TFW as a caregiver, they may be refused or if somehow the ircc approved their work permit, their Canadian experience WILL NOT be counted as hccp PR canadian experience, unless their work restricted open work permit will be issued (then that’s the time that their canadian experience will be counted).

They will now stop giving work permit under LMIA for everyone applying caregiver, and just accept HCCP applicants.
I am under TFW program (with 16 months canadian experience) as a caregiver NOC 4411. They will consider my accumulated canadian experience only because I still have a VALID WORK PERMIT from LMIA before.

After June 2019, there are few caregivers who arrived here under the TFW program NOT LIVE IN CAREGIVER PROGRAM. Their experience will still be accepted.

You nailed it ProudNanny ("v")

 

[ProudNanny]

I guess the issuance of work permits are LIMITED for “restoration” only (with same employer, it means you don’t need LMIA with this application). Maybe it won’t cater to inside canada who will apply for a NEW work permit under new employer, if their intention is to extend their stay here regardless of having 24 months experience. I know few people who decided to restore their work permit under TFW caregiver while trying to appeal their case to ircc due to ECA NOT MET. I was surprised that even after 3 years of abolishing the Live-In Caregiver Program, there are plenty of inside Canada caregivers who are still looking for sponsorship thru LMIA. I had problem for 2 years finding a good fit employer, until 2020. By now, most caregivers here should be almost done with 24 months (if we will include the 2 years failed nanny jobs).

 

[Yetz]

Does this new policy affect applicants who submitted their application before April 22 2022?

 

[ProudNanny]

Does this new policy affect applicants who submitted their application before April 22 2022?

I think it says AFTER april 22

 

[bigfoot]

Does this mean that even under the temparory public policy allowing visitors to apply for work permit under lmia is no longer allowed ? Because that one says all visitors are allowed to apply. But the ministerial instructions seem to say that if your a visitor applying for a work permit for the first time it will not be proceessed, the public policy announcement makes no mention of an exemption the rule. so which is which ? Even our consultant we are using is confused by this. Because one announce says you are allowed then another one You're not allowed if it's under caregiver.. she contacted ircc and they told her visitors are no longer allowed. Which sucks because someone we know missed it by 2 days

 

[ProudNanny]

Does this mean that even under the temparory public policy allowing visitors to apply for work permit under lmia is no longer allowed ? Because that one says all visitors are allowed to apply. But the ministerial instructions seem to say that if your a visitor applying for a work permit for the first time it will not be proceessed, the public policy announcement makes no mention of an exemption the rule. so which is which ? Even our consultant we are using is confused by this. Because one announce says you are allowed then another one You're not allowed if it's under caregiver.. she contacted ircc and they told her visitors are no longer allowed. Which sucks because someone we know missed it by 2 days

I think the instruction is a bit clear.
Don’t worry, even with the MAINTAINED STATUS page, it was also confusing. For maintained status, ANY applicants who will submit a new work permit is NOT covered with this special status, it should be RENEWAL or EXTENSION only (so if you’re holding a closed work permit, then you want to apply for an open work permit, sorry, you’re not covered by maintained status). They never mentioned about HCCP. But with the page about HCCP, they gave us a special treatment. That if I’m currently working with a work permit, I don’t have to apply for a renewal/extension IF I HAVE a pending HCCP application.
So if in the temporary public policy for visitor visa never mentioned about caregiver LMIA application, please refer to HCCP update then. That’s what the ircc will follow AND NOT the public policy for visitor visa.

 

[bigfoot]

It's really too bad tho for all involved. Like the consultant said it's not fair on the employer and giving false hope to visitors. What she said that is not right is, The day it was announced is the day it took affect. She said normally when they make changes they give a grace period but not for this one. And this person i know had her lmia approved before the 22ed but was only able to get all her required doc on the 24 th. Really sucked. But that's life

 

[ProudNanny]

It's really too bad tho for all involved. Like the consultant said it's not fair on the employer and giving false hope to visitors. What she said that is not right is, The day it was announced is the day it took affect. She said normally when they make changes they give a grace period but not for this one. And this person i know had her lmia approved before the 22ed but was only able to get all her required doc on the 24 th. Really sucked. But that's life

Aww. Yeah, that sucks. I’m sorry that this happened. I hope that they won’t blame the consultant. Coz the consultant was telling the truth, it’s just that ircc suddenly changed it without a heads up.