3rd IEC, question regarding 4 year work limit

[shoopi]

Hello,
I was recently approved for my third IEC working holiday visa. I am Australian and with the new changes, I was eligible for one final visa in the category of my choice, as I had my second visa issued to me in October 2014.

I've been approved for a third but I noticed the note at the bottom stating I can only work a maximum of four years in Canada. I've already work approximately 3.5 so when I return will I only be issued six months?

I read in one of the forums that IEC is exempt from the four year rule, can someone confirm this for me? Can any other Aussies who have encountered this give me some info? I'm pretty confused. Thanks in advance

 

[Bs65]

Agree the wording is pretty vague although maybe the IEC being an open work permit does come into the 4 year maximum culmulative work rule http://www.cic.gc.ca/english/resources/tools/temp/work/cumulative.asp as even the post grad permit also a temporary permit comes into the rule. Guess you will have to see if anyone else has actually experienced or maybe tweet the IEC /CIC twitter page with the question https://mobile.twitter.com/iec_eic?lang=en-gb Plus as you say if the invite you have specifically mentions the 4 year rule then maybe does apply, not something other IEC participants from other countries have to worry about

 

[shoopi]

Thank you for the link! I saw in another forum that someone is almost the exact same boat as me (been working 3.5 years, approved for a third visa) was approved and has the same note printed at the bottom of their visa, but they went to the border and were given 2 years again, told that the 4 year rule hasn't started yet?? Hmm interesting. I will check out that link though! Thank you for the info.

 

[juju211221]

When you work in one of the occupations or categories listed below, the time you work in Canada is still counted toward your four-year maximum.

It is only when you apply for a work permit that these exceptions become relevant. An officer may issue a work permit to you if you have a job offer in one of these occupations/categories, even if you have already worked in Canada for four years.

These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:

NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMIA-exempt jobs under
International agreements
Canadian interests ( which fall under IEC )
Self-support
Humanitarian reasons
Jobs that do not need a work permit
Permanent resident applicants who have received a positive selection decision or approval in principle
Provincial nominees applying for an employer-specific work permit


Any work done while studying in Canada on a full-time basis does not count toward your four-year maximum.

http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=2

 

[Bs65]

Thank you for the link! I saw in another forum that someone is almost the exact same boat as me (been working 3.5 years, approved for a third visa) was approved and has the same note printed at the bottom of their visa, but they went to the border and were given 2 years again, told that the 4 year rule hasn't started yet?? Hmm interesting. I will check out that link though! Thank you for the info.

think the 4 year rule was implemented April 1 2015 whether retrospectively do not know Also surprising given that the 4 year rule includes open work permits which applies to the IEC being an open work permit . Maybe the other person was able to show a job under NOC 0 or A which would be an exception to the rule but then again with a job under that NOC then why not start for express entry and get some proper status in Canada as opposed to temporary.

 

[pultyn]

Canadian interests ( which fall under IEC )

Are you sure about that? When I asked CIC on twitter they said IEC counts toward 4 years cumulative duration time.

Ok, I'm confused now...

My work permit says:

If you wish to extend your stay in Canada as a temporary resident (visitor, student or worker), you must complete an application form...

IT doesn't say anything about 4 years or 4 year cumulative duration time rule etc.

It's been my 4th year though and we applied for an extension with new LMIA in Skill C category (NOC 7511 TRUCK DRIVER in B.C) and currently I'm on implied status waiting for rejection. However, my first year was on (IEC) and the last 3 years on LMO/LMIA.

Is there a chance then?

 

[juju211221]

Are you sure about that? When I asked CIC on twitter they said IEC counts toward 4 years cumulative duration time.

Ok, I'm confused now...

My work permit says:

IT doesn't say anything about 4 years or 4 year cumulative duration time rule etc.

It's been my 4th year though and we applied for an extension with new LMIA in Skill C category (NOC 7511 TRUCK DRIVER in B.C) and currently I'm on implied status waiting for rejection. However, my first year was on (IEC) and the last 3 years on LMO/LMIA.


Is there a chance then?

Okay, we're gonna start by the beginning ..

Canadien interest fall under the exemption code R205 and under the sub-section Reciprocal employment.

what is a Reciprocal employment :

R205(b) allows foreign workers to take up employment in Canada when Canadians have similar reciprocal opportunities abroad. Entry under reciprocal provisions should result in a neutral labour market impact.

There are formally-recognized reciprocal programs such as International Experience Canada program (See International Experience Canada ). However this provision also allows for admission of workers in other cases where reciprocity is demonstrated by the Canadian employer (or specific program administrator). Academic institutions may initiate exchanges under C20 as long as they are reciprocal, and licensing and medical requirements (if applicable) are met.

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/reciprocal.asp

as you can see here as well, there is 4 sub-sections for Reciprocal employment :

Reciprocal employment
General guidelines
Commercial airline reciprocal agreements
International Experience Canada
Academic exchanges
Performing arts

http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/index.asp

R205 = Canadien interest = reciprocal employment = IEC = exception 4 years rules limit.

 

[pultyn]

So, it means that I still have a year left if my first OWP was IEC?

 

[Bs65]

So, it means that I still have a year left if my first OWP was IEC?

only CIC can say not anyone on this forum, even more so given what has been posted above is not exactly clear for all scenarios

 

[Mittymized]

Hey guys,

I'm wondering about this 4 year rule as well. I know there are certain exceptions to it and I just followed the link about exemption code R205. My common law partner is a French citizen and has actually exceeded the 4 year rule already. His work permit was extended for another year last August even though he had accumulated four years already. We don't know if the got the extension anyways because two of those years were under IEC or because as a francophone he provides significant social and cultural benefit to Canada. (R205) We might need to apply for an extension of his work permit again because we might not get picked from Express Entry soon enough before our current visas expire. Does anyone have an idea what our chances are to get his work permit extended another time?

 

[Bs65]

Hey guys,

I'm wondering about this 4 year rule as well. I know there are certain exceptions to it and I just followed the link about exemption code R205. My common law partner is a French citizen and has actually exceeded the 4 year rule already. His work permit was extended for another year last August even though he had accumulated four years already. We don't know if the got the extension anyways because two of those years were under IEC or because as a francophone he provides significant social and cultural benefit to Canada. (R205) We might need to apply for an extension of his work permit again because we might not get picked from Express Entry soon enough before our current visas expire. Does anyone have an idea what our chances are to get his work permit extended another time?

Not sure anyone here can confirm but assuming the IEC years are excluded then obviously deduct those from 4 years and also the extra year already assigned and if anything left ?. Also you say common law any reason why you didnt go the common law/spouse route versus EE, dont have to answer just curious. Also there are exceptions as you probably have seen to the rule although not sure what social and cultural benefit actually means in terms of a visa or who even determines that http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=2

 

[pultyn]

In 32 days I will let you know if I get renew. My first year was on IEC.