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4 years cap only for new comers????

E

Elisa Pineda

Newbie
Jun 20, 2014
3
0
Is the 4 yr cap only for new comers?? Did they change it already?? Cause i renewed ny wp in may and result is they only gave me til 2015...cause i was here in dec 2008....is there a new policy now..aside from the new changes they made..?
Thanks
 
This rule is described here:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2013/ob523.asp

It applies to everyone and came into effect in 2011. This is why your work permit is only valid until 2015.
 
A (re)new work permit will be based on the legislation in force at the time. I saw nothing that exempts existing WP holders from the new rules after their existing WP expires. So, if you have by then already had the maximum 2 years, it will probably not be renewed or extended. They will not cancel WP for existing holders, even if they are now in years 3 or 4.

This presumes that the anticipated 2 years limit on TFW eligibility is confirmed.
 
ben apolo said:
scylla @

Hello,

Need advise about the new TFWP.
Length of Time for TFW with still current work permit. Can we still get another contract once our current work permit expires. Mine still 2016 ends.
Are we affected by this New TFWP.
Still confuse.

Thank.
Click to expand...

I'm sorry. I don't understand your question. As I mentioned previously, everyone is affected by this rule 2011 forward - including you. So whether you can get another contract once your current work permit expires in 2016 depends on how long you have been working in Canada by 2016.
 
Elisa Pineda said:
Is the 4 yr cap only for new comers?? Did they change it already?? Cause i renewed ny wp in may and result is they only gave me til 2015...cause i was here in dec 2008....is there a new policy now..aside from the new changes they made..?
Thanks
Click to expand...
sad to say that you will just stay until APRIL 1,2015....... >:(
 
zardoz said:
A (re)new work permit will be based on the legislation in force at the time. I saw nothing that exempts existing WP holders from the new rules after their existing WP expires. So, if you have by then already had the maximum 2 years, it will probably not be renewed or extended. They will not cancel WP for existing holders, even if they are now in years 3 or 4.

This presumes that the anticipated 2 years limit on TFW eligibility is confirmed.
Click to expand...

zardoz@,

Here's the link,
http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/restrict.shtml

"Reducing the Length of Time a Temporary Foreign Worker can Work in Canada"

To ensure foreign workers are coming in on a truly temporary basis and that the program is used as a last and limited resort, and to encourage employers to make even greater efforts to hire and train Canadian workers before seeking temporary foreign workers, the Government will reduce how long a temporary foreign worker in the low-wage stream can work in Canada. This measure will not apply to temporary foreign workers currently in Canada on valid work permits.
 
ben apolo said:
zardoz @ ,

Here's the link,
http://www.esdc.gc.ca/eng/jobs/foreign_workers/reform/restrict.shtml

"Reducing the Length of Time a Temporary Foreign Worker can Work in Canada"

To ensure foreign workers are coming in on a truly temporary basis and that the program is used as a last and limited resort, and to encourage employers to make even greater efforts to hire and train Canadian workers before seeking temporary foreign workers, the Government will reduce how long a temporary foreign worker in the low-wage stream can work in Canada. This measure will not apply to temporary foreign workers currently in Canada on valid work permits.
Click to expand...
Yes, but at the point that your work permit expires, you no longer have a valid work permit, and the new rules start to apply to you. Any attempt to renew or extend requires a new LMIA and a new work permit to match it. They will see that you have had 2 years and refuse to issue a new work permit.
 
From what I read on esdc website the 2 year rule only apply to new work permits processed by Summer 2015. The 30% cap and the 1000$ fee is effective immediately.


(Limit Duration for low-wage TFWs- Summer 2015)

So there's a chance TFW's already here can have another 1 year with an application sent before summer 2015 if they are under 4 year stay. The risky part is if they will deny the work permit because of the 2 year rule and the employer already paid a non refundable 1000$, The employers would probably prefer to hire a new worker where they still have 2 years for sure.
 
What is happening with a foreign worker with a valid work permit based on LMIA in a high wage occupation but who will reach 4 years cap in April 2015?
 
dalma11 said:
What is happening with a foreign worker with a valid work permit based on LMIA in a high wage occupation but who will reach 4 years cap in April 2015?
Click to expand...
If you are high-wage, aren't you exempt from the years limit anyway?
 
zardoz said:
If you are high-wage, aren't you exempt from the years limit anyway?
Click to expand...

That's what i believe too. Those that earlier fall into "Exceptions" i.e. exclusive of 4 year limit - mainly NOC 0 or A plus some other roles, now i think are all those whose wages classify them as high wage. I just am not sure of the classification criteria. The provincial average obviously doesn't even come close as it is AVERAGE of all sorts of professions. So a highly skilled profession (NOC 0 or A type roles) shouldn't even be measurable with that.
 
zardoz said:
Yes, but at the point that your work permit expires, you no longer have a valid work permit, and the new rules start to apply to you. Any attempt to renew or extend requires a new LMIA and a new work permit to match it. They will see that you have had 2 years and refuse to issue a new work permit.
Click to expand...
And how about if I will apply for PR and then while waiting for it, my work permit will be expired? I wont be able to stay and wait till it comes? This is super bad then...
Or can I apply vor tourist visa and wait being on it?
 
Anatalia said:
And how about if I will apply for PR and then while waiting for it, my work permit will be expired? I wont be able to stay and wait till it comes? This is super bad then...
Or can I apply vor tourist visa and wait being on it?
Click to expand...
How does it work now? If you are at the end of the current 4 years limit, what would you do in the same situation? It's only the limit that's changing and that seems to be only starting in the "Summer 2015".
 
At the moment I just applied for ainp nomination. Hopefully I will get it in the march-july 2015.
It is my 2nd year in Canada as a worker (low-skill).
My work permit will expiry in february 2015.
If this new rule about the duration of 2 years instead of 4 will be effected in summer 2015, i can still get my another work extension for a year only. Of course I wont get pr by the end of my new work permit.
And what to do in this case? Because after summer 2015 I wont be able to extend my work permit anymore.
 
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