Does Cumulative Duration apply on dependent

[sharadmishra]

Hello,

I came to canada on 1st Jan 2012 on Intra Company Transfer (ICT) workpermit. My work permit expires in Jan 2017. As per cumulative duration I can't extend my workpermit after 4-5 years. My wife is also working in canada on ICT workpermit and she has valid work permit for next two years. Can I come as a dependent on her work permit and get open workpermit ? Or I can just come and can't get work permit due to cumulative duration period.

Please let me know how can I stay in canada and work.

Thank you for your help !

 

[scylla]

Hello,

I came to canada on 1st Jan 2012 on Intra Company Transfer (ICT) workpermit. My work permit expires in Jan 2017. As per cumulative duration I can't extend my workpermit after 4-5 years. My wife is also working in canada on ICT workpermit and she has valid work permit for next two years. Can I come as a dependent on her work permit and get open workpermit ? Or I can just come and can't get work permit due to cumulative duration period.

Please let me know how can I stay in canada and work.

Thank you for your help !

If you fall under the four year rule, then no - you can't come as a dependent on your wife's work permit and obtain a work permit through her.

The most you can do is come to Canada temporarily as a visitor. You cannot work.

 

[sharadmishra]

Thank you very much for the reply !

I was checking some exceptions for cumulative duration. Can I be eligible for any of the below?
I'm working as a software developer which falls in NOC A category, so can I apply for the exception?

Here are the details for the exception I found on CIC.

When a foreign worker is working within one of the occupations or categories listed as “exceptions” to the cumulative duration regulation, the time worked in Canada is still counted in the foreign worker’s cumulative total.
It is only at the point of application/request for a work permit that these “exceptions” become relevant. An officer may issue a work permit to a foreign worker in one of these occupations or categories, whether the foreign worker has acquired four years of work in Canada or not.
These categories or occupations are the exceptions according to which a work permit can exceed the four-year limit–R200(3)(g)(ii) and (iii):
• NOC 0 and A;
• LMIA-exempt jobs under
o International agreements [R204(a) and (b)] (e.g., NAFTA),
o Canadian interests (R205),
o Self-support (R206),
o Humanitarian reasons (R208);
Note: With regard to spouses of temporary foreign workers who are LMIA-exempt, only spouses and dependants of skilled temporary foreign workers (NOC 0 and A) are exempt from the cumulative duration considerations when seeking a work permit.

 

[scylla]

Which NOC was listed on the ICT application?

 

[sharadmishra]

NOC was not listed but on my work permit I see my occupation/profession as software developer

 

[sharadmishra]

Hey Guys,

Can someone help me with this?

Thanks.