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Temporary Foreign Worker Program – Four-Year Maximum (Cumulative Duration)

Hiring a temporary foreign worker is an advantage to employers who have been unable to recruit Canadian Citizens or permanent residents for job opening and the TFW Program makes it possible to hire workers from abroad. Employers might also find qualified foreign workers that are already here in Canada. Where the foreign worker can be sponsored if their job contract with another employer is about to complete or a foreign worker is holding an open work permit that allows the employee to work for any employer in Canada.

Temporary Foreign Worker Program (TFWP) was established to address the shortage of labor and skills by allowing allows Canadian employers to hire foreign nationals to fill temporary labor gaps when qualified Canadian citizens or permanent residents are not available.

There are hundreds of thousands of foreign worker that came to Canada in 2011, more than double the levels a decade ago and because of this the government impose a Four year Maximum stay for the temporary workers, which came into effect April 1, 2011; This rule is to prevent foreign workers who are working temporarily in Canada from losing ties with their country of origin due to prolonged periods of stay in Canada, and to encourage workers and employers to explore appropriate pathways to support the foreign workers’ permanent residence.

While most temporary foreign workers will be hired to address a specific, short-term labor need, some temporary foreign workers who initially came to fill a temporary vacancy can transition to permanent residence if they meet certain requirements. For example, the Canadian Experience Class is open to foreign nationals who have been working full-time in Canada as Trades people or in managerial or professional occupation and meets certain other requirements. Other foreign workers may qualify through the Provincial Nominee Program for permanent residence in Canada. These routes exist to ensure that workers who have shown that their skills are in continuing demand and that they have already adapted well to life in Canada can build a future here.

What does the four year maximum (cumulative duration) mean?

From the Immigration Regulation Protection Regulation (IRPR) R200(3)g – establishes a maximum duration that a TFW can work in Canada. It states that a work permit (WP) should not be issued when the “individual has worked in Canada for one or more periods totaling four years.

For example:

If a FN came and worked in April 1, 2010, a FN is allowed to work until April 1, 2015; because the four year maximum stay came into force in April 1, 2011; the FN has four years period from April 2011 to April 2015;

All work counts – all work performed in Canada since April 1, 2011- regardless of whether or not authorized by a work permit or work permit exempt count towards a TFW’s four year total. This includes work done as volunteer or as a self-employed individual, work in all occupations falling under all categories in the National Occupation Code (NOC) list and work done while on an open work permit.

Gaps in employment

Periods not worked that occurred after April 1, 2011 and during the validity period of any work authorizations issued after April 1, 2011, may be factored into the calculation of the accumulated total, provided that documentary evidence of these gaps in employment can be presented to an officer at the time when a request for work authorization is made. Only gaps in employment of one consecutive month or more will be considered.

Examples of acceptable gap in employments are:

Periods of time spent outside of Canada
Periods of medical leave spent in Canada, if this period is not covered by the employment contract/agreement
Maternity /paternity leave spent in Canada

Does the four-year limit apply to all foreign workers?

There are exceptions to the four year limit, such as the following:
If you are in a managerial (NOC 0) or professional occupations (NOC A), this exception does not apply to you.
If you have applied for permanent residence and have received your approval letter, you are not under this four year limit.
If you applied under an international agreement like NAFTA.
If you were exempt from the Labour Market Opinion (LMO) process, that is, spouses or common law partners of highly skilled TFWs, and/ or charitable or religious workers or refugee claimants.
If you do not fall under the above exceptions, then you will be covered by the four year cap.

What happens after the foreign national reach the four-year maximum?

After you reach the four-year cumulative duration limit, you will not be granted another work

permit in Canada for an additional four years. After the time has elapsed, the foreign worker will again permitted to work in Canada, if the foreign national reach the four year cap in April 2015. The earliest time to return and work in Canada is April 2019.

There you go readers’ if you are a foreign worker here in Canada and would like to know if you are affected by this rule, or maybe exempt and qualified to apply for permanent resident, you can contact me by email at [email protected] or call to book an appointment.

Rosalie Sulit

Regulated Canadian Immigration Consultant

ICCRC Member R419823

(t) 905 5651908

www.procareimmigration.com

Temporary Foreign Worker Program – Four-Year Maximum (Cumulative Duration)

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