On April 1, 2011 Citizenship and Immigration Canada (CIC)
introduced a four year "cumulative duration" limit on the
length of time certain Temporary Foreign Workers (TFWs) could work
in Canada. All affected TFWs in Canada as of that date were
given a full four years under the regulation, irrespective of the
length of time they had been in Canada prior to April 1, 2011. As a
result, the first day that any TFW may reach their cumulative limit
is April 1, 2015.
Who is affected?
The four year cumulative cap applies to all TFW under work
permit skill levels NOC B, C and D with a Labour Market Impact
Assessment (LMIA) or Labour Market Opinion (LMO).
Who is exempt?
Some foreign nationals are exempted from the four year
cumulative limit. They include foreign nationals:
Who are working in Managerial (NOC 0) or professional (NOC A)
Who are working in Canada under NAFTA or other international
Who are exempted from the LMIA requirements, including spouses
and common-law partners of NOC 0 or NOC A skilled professionals,
religious workers and refugee claimants
Who have applied for Permanent Residence and have received
confirmation that their application has been accepted
I am affected, what should I do?
TFWs who are not exempt and who have been working in Canada for
a cumulative total of four years are not eligible to work in Canada
until an additional four years has elapsed. Foreign nationals may
remain in Canada, provided they have legal status as a visitor or
student, but they may not work for four years.
TFWs currently in Canada working in occupations supported by a
positive LMIA should consider applying for Permanent Residence
through Express Entry. The comprehensive point system in Express
Entry is weighted heavily in favour of applicants with arranged
employment through LMIAs.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
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