From 1 April 2015, a change to the Temporary Foreign Worker Program could see some migrant workers refused work permits. The change should be scrapped because it would force an exodus of foreign workers from B.C., says an advocate.
On April 1, 2011, the federal government introduced legislation known as the “four in and four out” rule, limiting how long some temporary foreign workers could work in Canada to four years. The first temporary foreign workers to whom the rule applies could reach their four-year limit on April 1, 2015.
After that, they must wait another four years, either outside Canada or in Canada as a visitor or student, before they can be granted a fresh work permit. Previously, temporary foreign workers who came to Canada under the low-skilled stream could reapply to continue working for their Canadian employer.
Citizenship and Immigration Canada has made an exception for TFWs approaching their four-year limit in Alberta, offering a bridging permit if they applied for permanent residency under the Provincial Nominee Program by July 1, 2014. Federal Employment Minister Jason Kenney has said Ottawa is willing to extend similar measures to other provinces.
CIC lists several situations in which workers may be exempt from the four year rule including:
- Management and professional workers, including spouses and dependants
- Workers exempt due to international agreements, Canadian interests, self-support, humanitarian reasons
- Workers doing jobs which do not require a work permit
- Permanent resident applicants who have received a positive selection decision or approval in principle
- Provincial nominees applying for an employer-specific work permit
Attorney Colin Singer Commentary:
The effect of this policy will substantially add to the numbers of undocumented immigrants in Canada. There are currently approximately 150,000-200,000 undocumented illegal immigrants in Canada.