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4year rule

Ajamafalous

Newbie
Mar 18, 2015
4
1
Will i be exempted from the 4 year rule of cic if my boss makes me a manager and they have LMIA FOR MANAGER for me. Thanks
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
4 year limit does not apply to NOC 0 or A jobs and management is usually a NOC 0 job so yes.

However, more recently CIC has also tied that to having a wage that is above the median for that province and profession.

So it is not only the role, but also the wage that would determine that.
 

Ajamafalous

Newbie
Mar 18, 2015
4
1
Thank you so this means that i may get an extension on my work permit. My job offer says i will be receiving 24.75 per hour.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
you are welcome. Most probably yes. But it depends upon which province as well as how experienced you are. If wage falls in line with that you should be good.
 

Ajamafalous

Newbie
Mar 18, 2015
4
1
Alright. Now i am a little relieved on my situation. I will be applying for my work permit extension asap. Thanks again
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
Be careful - the word extension and implied status usually applies to the same type of work permit.

If you were under a different type of permit earlier, the EXTENSION term might not exactly apply to you.

Please read through the details of implied status to be sure.

If you do not qualify that, then probably you have to get LMIA and apply for permit early enough to actually get it before expiry of former to be able to continue working uninterrupted.
 

pultyn

Star Member
Jan 8, 2013
185
20
@fkl looks like you are well oriented in this topic. Hopefuly you can help me with my question. 1 year I had IEC, now my 2 years work permit has expierd couple weeks ago and I am at implied status waiting for renew (truck driver in ontario). Looks like i still can work for another year in Canada. All those I know. My company applied also for work permit in B.C and asked me if I want to move there because of PNP. Of course I said 'yes' but now I started to wander if I'll be there under 4 years rule? Long haul drivers in B.C are above median pay and are treated as high-waged job. Does it mean once I get work permit there i'll be able to get one after another to have enough time to get PNP? Of course if within upcomong years nothing will change.. It's still worth to try.
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
pultyn said:
@ fkl looks like you are well oriented in this topic. Hopefuly you can help me with my question. 1 year I had IEC, now my 2 years work permit has expierd couple weeks ago and I am at implied status waiting for renew (truck driver in ontario). Looks like i still can work for another year in Canada. All those I know. My company applied also for work permit in B.C and asked me if I want to move there because of PNP. Of course I said 'yes' but now I started to wander if I'll be there under 4 years rule? Long haul drivers in B.C are above median pay and are treated as high-waged job. Does it mean once I get work permit there i'll be able to get one after another to have enough time to get PNP? Of course if within upcomong years nothing will change.. It's still worth to try.
Even if trucking is above median wage, the wage criteria is new and is actually going to limit low wages to even shorter net limits i.e. up to two years instead of 4. In order to beyond 4 years you need to have wage that is above median AND need to fall under one of the exceptions. Being from NOC 0 or A is one exception. Rest are listed on the following link under exceptions tab. If you do not fall into any of these, i am afraid there is no other way except getting a provincial nomination.

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

However, these days if you get a PNP, you would submit express entry profile, get an ITA within a month and can get a first stage approval of PR application in a couple months.
 

pultyn

Star Member
Jan 8, 2013
185
20
Thanks mans. Really appreciate it. Could you also tell me if i'll be done with my four years and my wife will enroll to college, will it be possible that i'll get open work permit? Or there is no road around?
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
pultyn said:
Thanks mans. Really appreciate it. Could you also tell me if i'll be done with my four years and my wife will enroll to college, will it be possible that i'll get open work permit? Or there is no road around?
You are most welcome. I am not absolutely sure but i don't think so. The link says spouse and dependents of NOC 0 or A job holders also fall into exception. This implicitly means those not having these noc's do not. So i think the same situation would still apply unfortunately.
 

pultyn

Star Member
Jan 8, 2013
185
20
I also have other profession which is as same as yours (NOC 2714) + University Degree and 4 years of experience. When I came here I didn't speak english though and I was forced to do something else which is driving a truck. In two weeks I have IELTS exam. How many points do I need to get to apply for EE? When I read CIC site it looks like four sixes on IELTS? Or four sevens?

And if I will apply for EE and I'll have some luck and be chosen to apply for residency will I still be under this stupid four-year rule?
 

fkl

VIP Member
Apr 25, 2013
3,351
219
Canada
Visa Office......
Inland / Previously Pak
NOC Code......
2173/4
You should look up at the chart of EE scores. But i remember the score was a bit higher for NOC A (which 2174 is) probably all 7's or only one 6.5 - but this is just what i roughly remember.

If you apply for EE and get an ITA, then apply for PR and get AOR (first stage approval in a month), after that you can apply for Bridging open work permit (if your existing work permit is close to expiry in 4 months or less). As the exceptions page already say, the 4 year limit does not apply in this case.