My Work Permit Is Expiring. What Are My Options to Stay in Canada?
- Apply before your current status expires if you qualify to extend your work permit or change your temporary status.
- Review both temporary and permanent pathways, including employer support, Express Entry, provincial nomination and family sponsorship.
- Stop working if your permit has already expired unless you have maintained status or another form of legal work authorization.
What Should You Do First When Your Work Permit Is Expiring?
Start by confirming the expiry dates on both your work permit and passport. A new permit generally cannot be issued beyond your passport’s validity, so a passport that expires soon may need to be renewed first.
Next, identify the type of work permit you hold. The options available to someone with an employer-specific permit may differ from those available to a post-graduation work permit holder or someone with an open work permit.
You should also determine whether you have merely created an Express Entry profile or have already submitted a complete permanent residence application. That distinction can affect whether you qualify for a bridging open work permit.
IRCC recommends applying to extend or change the conditions of a work permit before it expires. For online applications, the deadline is based on midnight Coordinated Universal Time, rather than the applicant’s local time.
Can You Keep Working After Your Work Permit Expires?
You may be able to keep working if you submit an eligible application to extend or change the conditions of your work permit before it expires. This is commonly known as maintained status.
Maintained status allows you to remain in Canada while IRCC processes the application. It may also let you continue working under the conditions of your original permit.
If you have an employer-specific permit, this generally means continuing with the same employer, job and work location. If you hold an open work permit, you can generally continue changing employers and jobs within the conditions of that permit.
Eligible online applicants may receive a WP-EXT letter through their IRCC account. This letter can be shown to an employer as evidence that the worker is authorized to continue working while the application is processed.
Maintained status only applies when a qualifying application is submitted before the existing status expires. Applying after the expiry date does not restore the right to work.
Can Your Employer Help You Get Another Work Permit?
Your current employer may be able to support a new Canadian work permit through a Labour Market Impact Assessment or an LMIA-exempt category.
A Labour Market Impact Assessment is an employer-led process. Employment and Social Development Canada assesses whether hiring a temporary foreign worker would have a positive or neutral effect on the Canadian labour market.
The employer may need to advertise the role, document its recruitment efforts and meet the requirements of the applicable Temporary Foreign Worker Program stream.
If a positive LMIA is issued, the worker can use it with the required employment documents to apply for an employer-specific work permit. A positive LMIA does not extend immigration status by itself, so the timing of the work permit application remains important.
Some workers may qualify for an LMIA-exempt permit through the International Mobility Program. Depending on the category, the employer may need to submit an offer through the Employer Portal and pay an employer compliance fee.
A new employer may also be able to support a permit. However, someone with an employer-specific work permit cannot simply begin working for a different employer. After applying for a new employer-specific permit, some workers can request temporary authorization from IRCC to start the new job while the application is processed. They should wait for written authorization before beginning that employment.
Can Permanent Residence Help You Continue Working?
Permanent residence may create another work permit option, but only after the applicant reaches the required stage of an eligible program.
Canadian work experience may help someone qualify for Express Entry, including through the Canadian Experience Class. Age, education, language results and work history can all affect eligibility and the applicant’s Comprehensive Ranking System score.
Creating an Express Entry profile does not extend a work permit or give the applicant maintained status. Even receiving an invitation to apply does not automatically provide work authorization.
Some applicants may qualify for a bridging open work permit after submitting a complete permanent residence application and receiving an acknowledgement of receipt. Bridging permits may be available through Express Entry and certain Provincial Nominee Program streams, but the eligibility requirements vary.
If you are still waiting for an Express Entry invitation, you will generally need a separate plan to maintain your temporary status and ability to work.
Could a Provincial Nominee Program Provide a Pathway?
A Provincial Nominee Program may provide a route to permanent residence for someone whose experience meets a province or territory’s labour market needs.
Eligibility may depend on your occupation, language ability, current employment, job offer and connection to the province. Some pathways are designed for people who are already living and working in the province, including streams available through the Alberta Advantage Immigration Program.
A nomination does not automatically extend your work permit. However, some nominees may qualify for a bridging open work permit or receive provincial support for a separate work permit application. Your nomination and temporary status must be assessed together so that one process does not leave a gap in the other.
Can Spousal Sponsorship Help You Stay and Work in Canada?
If you are married to or in a qualifying common-law relationship with a Canadian citizen or permanent resident, spousal sponsorship may provide a route to permanent residence.
An applicant living in Canada with their sponsor may also qualify for a spousal open work permit while the permanent residence application is processed. The relationship must be genuine and the applicant will generally need an acknowledgement of receipt confirming that IRCC is processing the permanent residence application.
Marriage or a common-law relationship does not provide immigration status on its own. The sponsorship, work permit and temporary status requirements must each be handled correctly.
Can You Change to a Study Permit or Visitor Status?
A study permit may be appropriate if further education genuinely supports your academic or career goals. You must be accepted by an eligible institution, show sufficient funds and meet the other study permit requirements. Any ability to work would be governed by the conditions of the study permit rather than your expired work permit.
If you do not currently qualify for another work permit, you may be able to apply for a visitor record before your status expires. This can allow you to remain in Canada as a visitor while considering your next steps, but it does not authorize you to work. You would generally need to stop working when your current work permit expires.
What Happens If Your Work Permit Has Already Expired?
If your work permit has expired and you do not have maintained status, you must stop working immediately.
You may be eligible to restore your status as a worker if you apply within 90 days of losing it and meet the other requirements. You must generally have complied with the conditions of your expired permit, including restrictions on your employer, occupation and work location.
A restoration application allows you to remain in Canada while IRCC makes a decision, but you normally cannot work during that period. You can generally resume working only after your status has been restored and your new work permit has been issued.
Restoration is discretionary and approval is not guaranteed. If more than 90 days have passed, you will generally need to leave Canada and apply again from outside the country, subject to any limited public policy that may apply to your situation.
Can You Travel While Your Application Is Pending?
Leaving Canada while a work permit application is being processed can affect your ability to work when you return.
A work permit is not a travel document, so you may also need a valid temporary resident visa or electronic travel authorization. If your original permit has expired and your extension remains pending when you return, a border services officer may admit you as a visitor. In that situation, you cannot resume working until the new permit has been approved.
Re-entry is never guaranteed. If travel is necessary, review the effect on your status and work authorization before making plans.
Start Planning Before Your Options Narrow
If your work permit expires within the next three to six months, now is the time to review your temporary and permanent immigration options. Employer support, an LMIA, Express Entry, provincial nomination or family sponsorship may provide a way forward, but each pathway has its own timing and eligibility requirements.
Ackah Business Immigration Law can review your status, employment circumstances and long-term goals to build a coordinated strategy. We offer flat-fee services, so you will understand the cost before we begin. If you retain our firm after your strategy session, that fee is credited to your file.
Book a free call with one of our Client Engagement Coordinators to explore how we can help you identify the strongest pathway for staying and working in Canada.
