ZitatOn August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations (IRPR), which will adversely affect many temporary foreign workers (TFWs). Although the amendments do not come into force until April 1, 2011, the changes are significant. An overview of these amendments is provided below.
Und weiter unten:
ZitatTemporary foreign workers limited to four years [R200(3)(g)]
The amendments provide for a cumulative four-year cap on TFWs until a period of 48 months (four years) has elapsed. However, exemptions from the four-year cap exist in the following situations:
1.The foreign national intends to perform work that would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents. Therefore, work permits based on LMO exemptions such as significant benefit to Canada (C10) and intracompany transferee (C12), among others, will be exempt from the four-year cap. 2.The foreign national intends to perform work pursuant to an international agreement between Canada and one or more countries, including an agreement concerning seasonal agricultural workers. Therefore, work permits issued in accordance with international agreements such as the North American Free Trade Agreement, the General Agreement on Trade in Services, and the Canada-Chile Free Trade Agreement, among others, will be exempt from the four-year cap. Fortunately, a TFW who has reached the four-year cap is not required to leave Canada; they just may not obtain a work permit during the subsequent 48-month period. In other words, the foreign national could obtain a study permit, attend school for 48 months, for example, and then once again become eligible for a work permit.
LMOs to indicate period of validity [R203(3.1)]
The amendments provide that LMOs shall indicate the period during which the opinion is in effect. If the TFW does not obtain a work permit within the time period, the employer must request a new LMO from HRSDC.
HRSDC’s current policy is that all LMOs expire six months after issuance. It is unknown whether this validity period will continue once the amendments come into force.