Four-Year Limits on Stay for Temporary Foreign Workers Become Effective in April 2015
April 16, 2014

From April 1, 2015, some foreign nationals working temporarily in Canada will be required to cease working and depart the country and may not be able to work in Canada again for up to four years. These limits on work stays apply to non-exempt foreign nationals who were approved for temporary work permits on or after April 1, 2011 and who have worked in Canada for a cumulative period of four years since the work permit was issued. Not included in the cumulative four-year limitation are any periods of more than one month spent overseas or on an authorized work break such as parental leave and extended unpaid leave.
The following four categories of foreign workers are exempt from the four-year limit on work stays:
- Temporary foreign workers who are exempt from Labor Market Opinion (LMO) requirements based on (1) international agreements, (2) Canadian interests, (3) self-support, or (4) humanitarian reasons;
- Temporary foreign workers in managerial occupations (classified under job code, NOC-0) and professional occupations (NOC-A);
- Temporary foreign workers who have applied for permanent residency and have received an approval in-principal letter or positive selection decision (depending on the permanent residence program); and
- Provincial Nominees applying for an employer-specific work permit.
What This Means for Employers and Foreign Nationals
Employers with non-exempt workers should work with their immigration service provider now to identify affected individuals and review available immigration options.
When planning for LMO cases that propose work beyond April 1, 2015, employers will need to confirm how much of the four-year limit the foreign worker has used, including any time spent working for another employer.
Temporary foreign workers should maintain detailed records documenting time they spend outside of Canada and any authorized interruptions from work. They may be required to present this evidence when seeking to recapture time.
How Fragomen Can Assist
Fragomen is working with clients to develop strategies for both individual cases and for preventing future staffing shortages as a result of the limit. Fragomen can assist clients with weighing the benefits and costs of filing permanent residence applications on behalf of temporary workers who will exhaust their four-year period next year, and can prepare and file such applications where necessary.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Explore more at Fragomen
Work authorization
Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.
Fragomen news
Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."
Work authorization
Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.
Media mentions
Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.
Awards
Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.
Work authorization
Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.
Work authorization
Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.
Video
Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.
Awards
Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.
Work authorization
Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals.
Work authorization
Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.
Fragomen news
Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."
Work authorization
Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.
Media mentions
Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.
Awards
Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.
Work authorization
Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.
Work authorization
Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.
Video
Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.
Awards
Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.
Work authorization
Manager Quentin Pache outlines the main family reunification pathways available in Switzerland, highlighting key eligibility requirements, procedural deadlines and practical risks that frequently lead to delays or refusals.

