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On April 1, 2011, the government imposed a four year cap on all Temporary Foreign Workers working in Canada on LMIA (LMO) based work permits in trade or technical level positions and lower. Four years seemed like an eternity away for employers and their newly hired TFWs. When the cap was introduced, the Temporary Foreign Worker Program (TFWP) was heavily supported by the Conservative government in Canada. Despite enacting added measures to catch employers abusing the program, the process for hiring and obtaining work authorization for foreign nationals was relatively straightforward. Those days are gone…..long gone! In fact, the TFWP is under full attack from this same Conservative government as they quickly take steps to distance themselves from any responsibility for the perceived abuses within the program. In June of this year, the TFWP was overhauled and significant effort is being made by the Conservatives government to reduce the total number of foreign workers in Canada in preparation for an attempt at re-election in 2015. It is now late November 2014 and many temporary foreign workers are struggling with the reality that their time in Canada is very quickly drawing to a close. Canadians should not plan on travelling outside of Canada during the month of April 2015 because the airlines will be completely full with foreign workers who have capped out and are returning home. In many cases, these foreign workers will have been in Canada with their families for much longer than 4 years. Facing the reality of having to start over again in their home countries, our law firm receives many calls from employers and individuals desperate for a solution that will allow them to remain in Canada. Despite the bleak horizon for most TFWs and the companies that employ them, some options do exist. Although the specific circumstances of each individual will often dictate the options that may be available, and corresponding chances of success, our firm has identified the top 5 strategies for helping foreign workers remain in Canada. |