Emily Eyefinger said:
I thought all TFW's are allowed to work in Canada for the maximum of four years, but the CIC website they state that NOC level C and D occupations can work only up to 2 years!?
I I have been working with an open work permit (which expires soon) for a year and a half till now and my employer is going to apply for LMIA for me to issue a new work permit. Does it mean I can only work for 6 more months? Or is the 2-year restriction only applicable to the "closed" work permits?
Thank you for your help!
The cumulative duration for TFWs is 4 years and has not changed since implementation on 4/1/2011. A TFW is allowed to engage in work in Canada for a cumulative period of 4 years.
http://www.cic.gc.ca/english/work/apply-who-eligible/four-year-maximum.asp?s=1
http://www.cic.gc.ca/english/resources/manuals/bulletins/2011/ob275C.asp
What you may be seeing is the restrictions on employers and LMIAs for lower skilled occupations. The employer is restricted to hire a foreign worker under this stream for a duration only of 24 months.
http://www.esdc.gc.ca/eng/jobs/foreign_workers/lower_skilled/index.shtml
http://www.cic.gc.ca/english/resources/tools/temp/work/pilot/training.asp
It is the employer who is restricted first - he can only hire TFWs under low-skilled occupations for only 24 months, meaning the employer cannot tender a job offer for a low-skilled position to a TFW for more than 2 years.; expect an LMIA may not be issued with a duration of more than 24 months for that low-skilled position (C and D skill class). Should still the employer go through with getting an LMIA and obtaining one, then the TFW can apply and be issued a WP with the max duration of 24 months for this low-skilled position.
Now, if you are on an OWP (no restrictions) and working for 1.5 years now on the OWP, then your cumulative duration period left is 2.5 years. If your employer gets an LMIA for you for a low-skilled position, that max duration of that authorization will only be 2years at most - if this is approved. You can then apply for a CWP for that max duration, and if you get it, then the 2 years you will work under that CWP will add to your cumulative duration period working in the country; 1.5 (OWP) + 2 (CWP).
Again, the TFW is restricted to a cumulative duration of 4 years working in Canada; the employer is restricted in hiring a TFW for a Low-Skilled class/position for only 2 years. The latter restriction on the employer does not mean that the TFW
CAN only work for 2 years total in Canada under a Low-Skilled position; the TFW may only get a WP for 2 years (initial), but is not restricted to look for other work and if successful, work for 2 years additional as a TFW, and then exhausting the cumulative duration of 4years. There is a possibility that a TFW gets a WP under C & D skill class for 2 years, and then after that, gets another WP with another employer under C & D skill class for another 2 years.
If the TFW has been working for a period in Canada (ex. 2.5 years) and is offered and gets WP for Low Skilled job (C & D class), then the TFW cannot work for the max allowed duration of 2 years as the total cumulative duration will be exceeded (2.5 + 2 = 4.5 years)
.../hth
