On April 1, 2011, Citizenship and Immigration Canada (CIC) imposed a cumulative four-year cap on the length of time most Temporary Foreign Workers (TFWs) could remain in Canada. All affected TFWs in Canada as of that date were given a full four years under the new regulation, irrespective of the length of time they had already been in Canada. As such, the first day on which TFWs will reach their cumulative four-year limit is April 1, 2015.
The rule affects all TFWs working in NOC B, C or D jobs with a Labour Market Impact Assessment or Labour Market Opinion. Affected foreign nationals are ineligible for new work permits or work permit extensions that would result in them working in Canada for more than four years until they have left Canada for an additional four years, or obtained other legal status.
Due to the uncertainty and lack of transparency in the Express Entry system, affected TFWs considering applying for Permanent Residence should make their applications well in advance of reaching their four-year limit.
If you have any questions about the Four-In/Four-Out rule or would like assistance in preparing an Express Entry profile, please contact Green and Spiegel LLP.