Elimination of Four Year Work Permit Limitation

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.