Immigration, Refugees, and Citizenship Canada (IRCC) today announced that the ‘4 Year Cap’ previously applicable to many foreign workers is eliminated, effective immediately.
This rule, implemented in 2011, provided that, subject to a number of exceptions, foreign workers could remain in Canada as temporary workers for a maximum of four years (including any renewals). Thereafter, they would be required to leave Canada. They would then be ineligible for a further temporary work permit for a further four years after their departure.
There were a number of exceptions to this rule including workers whose work permits are based on international treaties (such as NAFTA), or intra-company transfers, but unless such an exception was available, the 4 year rule would come into play. This created hardship for many employers and employees, and in many cases where a person did not qualify for or want permanent residence, this would seem to mean a ‘lose-lose’ for the employer and employee.
IRCC will continue to maintain certain other caps designed to ensure that Canadians are hired in priority, including caps on the proportion of low-wage workers permitted for any particular employer.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.