Really concerned abou the four-year cap on work permit. Any advice would be appreciated on the following questions:
- When will it be become effective (if it's already determined to go forward)?
- Will this be retroactively applied? or from a clean state? That is, if I have had work permit already for 3 years when the four-year cap came into effect, will I be eligible for 1 more year? or Am I starting fresh new and will have new clock starting at 0 (thus having new 4 years of work permit eligibility)?
There was a discussion about this new rule here when it was first introduced. If memory serves me right, somebody had contacted CIC and asked and was told that the counter starts when the rules go into effect so as that should be in April next year, that is when the 4 year clock starts ticking.
You can see the news release about the changes here: http://www.cic.gc.ca/english/department/media/releases/2010/2010-08-18.asp and here: http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-08-18.asp
Does this cap apply to FSW on the agriculture program? Specifically Carribean and Mexican farm workers?
I know many who have been working here 8+ years (8y x 6months per year=48m collectivly) and are concerned that they might not have work this spring.
Is there any way to varify if this is affecting these individuals? and when the clock would start for them if it does?
I have researched this on my own before posting and finding mixed answers. Some sites are saying that there are exceptions that may be beneficial for agriculture workers ...other sites are informing Canadian Farmers of the 4 year cap on WP for TFW's
Anyway, this would not apply to agricultural workers because:
•a limit on the length of time a temporary foreign worker may work in Canada before returning home.
The limit to be introduced in April is 4 years. This means the worker has been continuously living and working in Canada for up to 4 years. The agricultural workers go back home after their 6 month contract is finished.
Well that made me do more research and you are RIGHT! Sorry. Here's what I found:
A four-year cumulative limit is also being imposed on many temporary foreign workers’ employment in Canada. After a four-year work term, they will now have to wait four years before becoming eligible to again work temporarily in Canada. The limit does not affect eligibility for permanent residence; they may still apply, at any time, while they are legally in Canada or after they leave, if they qualify.
This is where I found it: http://www.cic.gc.ca/english/department/media/backgrounders/2010/2010-08-18.asp
But we will have to wait and see what the exact instructions from CIC are because I'm wondering if they will exclude agricultural workers from this requirement.
