spouse OWP after 4 yeas of TFW?

[pultyn]

Couldn't find clear answer on CIC website.

I'm about to complete my 4 years long working time in Canada as a Foreign Worker (1 year IEC WH, 2 years WP LMO and 1 year WP LMIA). Was told by CIC that my 1 year IEC counts toward 4 year rule. Still not sure about that as CIC states that it's Canadian Interest and it may be exempt from this very weird rule.

Anyway. We need to find a solution and buy some time as I need around a year to be eligible for EE ITA.

We want to send my wife to the College. Question is if I will get OWP if I already had been working in Canada 4 years without any gaps?

 

[PMM]

Hi

Couldn't find clear answer on CIC website.

I'm about to complete my 4 years long working time in Canada as a Foreign Worker (1 year IEC WH, 2 years WP LMO and 1 year WP LMIA). Was told by CIC that my 1 year IEC counts toward 4 year rule. Still not sure about that as CIC states that it's Canadian Interest and it may be exempt from this very weird rule.

Anyway. We need to find a solution and buy some time as I need around a year to be eligible for EE ITA.

We want to send my wife to the College. Question is if I will get OWP if I already had been working in Canada 4 years without any gaps?

1. No, you would appear to be ineligible for another work permit if you have worked for 4 years.

When you work within one of the occupations or categories listed below, the time you work in Canada is still counted toward your four-year maximum.

It is only when you apply for a work permit that these exceptions become relevant. An officer may issue a work permit to you if you have a job offer in one of these occupations/categories, even if you have already worked in Canada for four years.

These categories or occupations are the exceptions for which a work permit can exceed the four-year limit:

NOC O and A (including spouses/dependants of these skilled temporary foreign workers)
LMIA-exempt jobs under
International agreements
Canadian interests
Self-support
Humanitarian reasons
Jobs that do not need 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

IEC isn't considered an International agreement http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/free-trade.asp and http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/index.asp

 

[pultyn]

Thanks man.

Do officers stick hard to the rules or they have some space to make their own decisions?

They need to change this rule. They push people into the dark zone of illegal working.

 

[PMM]

Hi

Thanks man.

Do officers stick hard to the rules or they have some space to make their own decisions?

They need to change this rule. They push people into the dark zone of illegal working.

1. Yes they enforce the rule.
2. It was only introduced about 5 years ago. Note the Temporary part of foreign worker

 

[pultyn]

Yes, I can see "Temporary", I also heard politicians say that.

Still don't see any logic in 4 in 4 out rule. Look at me 4 example. 2 years as noc 7511 in ON. Came here, got my CDL here and gained my exp. After 2 years I wanted to move to NS and after 6 months apply for PNP there. Unfortunately government stopped LMO and start LMIA. There was no LMIAs anywhere. It was a miracle my company got one for me. They had to sent back loads of great drivers. Plan with NS failed. Now I have found 2 companies within one day in NB and PEI ready to hire me. They have LMIAs. But they can't. Why? 4 years here. They need to fi d somebody abroad, bring him/her here, wait untile CDL is done and train. 3 months at least. 9 months of WP left. That's why I think it's silly to get rid of trained and experienced workforce.

Of course I am not going anywhere.

We all know it was done only because of upcoming elections. Hopefully Liberals will and photosessions soon and will gett back to work. There is a line of lobbyists waiting outside the office.