Canada: Easing of a rule prohibiting more than four years of cumulative residence by temporary foreign workers
Immigration, Refugees and Citizenship Canada announced that as of December 13, 2016, a foreign temporary worker application in progress is no longer subject to this cumulative-duration rule, whether it is work with a permit [R200] or without a permit [R186].
Canadian immigration law generally provides that, "An officer shall not issue a work permit to a foreign national if" among other things "the foreign national has worked in Canada for one or more periods totalling four years."
However, officers must continue to be satisfied that other requirements of the Immigration and Refugee Protection Regulations are met, along with other eligibility criteria, such as the need for a Labour Market Impact Assessment.
Any Evidence-Based Deliberation:
|Is there anything in the public record to suggest that evidence of the effectiveness of the proposed measure was considered during official deliberations?|
|Is there any evidence that alternatives to the proposed measure were considered?|
|Is there anything in the public record that suggests that empirical evidence informed the comparison across the alternatives available to government?|
|Was such evidence identified?|
|Is such evidence publicly available?|
|Did the official decision-maker in question provide an explanation as to why a chosen measure was favoured over alternatives?|
|Is there any evidence to suggest that potentially affected trading partners were consulted before the measures were taken?|
|Is there any evidence that safeguards have been put in place to ensure that implementation of the initiative is transparent and non-discriminatory?|
|Did the government state its intention to review the measure within one year of implementation?|
Date of inception: 16 Dec 2016
GTA Evaluation: Green