Four Year Cap on Temporary Foreign Workers

29th May 2013 Comments Off on Four Year Cap on Temporary Foreign Workers

Please note that on December 13, 2016, the Government of Canada abolished the 4 year cap on foreign workers. 

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On April 1, 2011, Citizenship and Immigration Canada introduced a four-year cap on the maximum allowable cumulative duration that a Temporary Foreign Worker (“TFW”) can work in Canada.  Generally, once a foreign national has accumulated four years of work, he or she will be ineligible to work in Canada again until a period of four years has elapsed.

What Do Employers Need to Know

Before hiring a foreign worker, an employer should know the total time that the foreign worker has worked in Canada.  It would be unfortunate and costly to offer someone a job only to then discover that the person can either only work for a limited period, or not at all.

Example:

Since April 1, 2011, a TFW has accumulated three years of work in Canada, and is now applying for a two-year work permit in an occupation that is not listed in the ‘exceptions’. The work permit would only be issued for one year.

All work performed in Canada since April 1, 2011 — regardless of whether or not it was authorized by a work permit or exempt under Regulation 186 — counts towards a foreign worker’s four-year total. This includes work done as a volunteer, as a self-employed individual, work in all occupations falling under all categories in the National Occupation Code (“NOC”) list, work done while under implied status, and work done while on an open work permit, including post-graduate work permits.  The only exception is that any work performed during a period in which the foreign national was authorized to study on a full-time basis in Canada is not included in cumulative duration totals.

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