TEMPORARY FOREIGN WORKERS - 4 YEAR CAP
Are all TFW's affected?
The 4-year cap applies to all temporary foreign workers, except:
- Those in managerial occupations (NOC-0) and professional occupations (NOC-A)
- TFW's who have applied for permanent residency and received a certificate, approval in principal letter or positive selection decision (per required program)
- TFW employed under NAFTA or applicable international agreements
- TFW exempt from the Labour Market Opinion (LMO) process
I am covered by the gap, what should I do so I can remain in Canada?
Employees covered by the 4-year cap should take steps now – such as applying for permanent residency or securing work in an exempt category.
What happens when I reach the cap?
Employees who reach the 4-year cap will be required to leave Canada and will not be granted another work permit in Canada for an additional four years.
What if I am an Employer?
Even if the LMO your employee has is new, if they were previously employed under a work permit by another employer, they will only be eligible to stay in Canada for a total of 4-years.
Employers should review the status of each TFW:
- Determine if they are affected
- Review their options for remaining in Canada
- Consider new LMO's to replace TFW's who will reach the cap
For more information on the 4 year limit please visit the CIC website.
For further information or for answers to any of your questions, please contact Sheela Gupta.