Cumulative duration four-year maximum eliminated for Temporary Foreign Workers: Applicants may still have time to restore their status

An announcement was made by IRCC at the end of 2016 that the four-year cumulative duration limitation to certain classes of work permit holders has been eliminated effective December 13, 2016. These provisions regarding cumulative duration previously had the greatest affect on those workers requiring a Labour Market Impact Assessment in NOC B, C, and D occupations (occupations other than Senior Management and Professionals). This restriction only allowed workers in these categories a maximum total stay of four years in Canada as a temporary foreign worker, after which the person would have to leave Canada for a period of 48 months before being able to apply for a work permit once again.

Now, the “Four-In, Four-Out Rule” elimination means that any occupation is now eligible for ongoing extension, so long as all other requirements are met. This could include among other things, the need for a Labour Market Impact Assessment and/or satisfying an Officer that the individual remains as a temporary resident.

Applications that have been refused prior to December 13, 2016 based on the four-year limitation will remain closed, but there may be the opportunity to apply for Restoration of Status for those who have been out of status for 90 days or less. In other cases, a new work permit application may be needed.


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