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A work permit is a special document that allows a foreigner to work temporarily in Canada. There are different types of work permits and each of them can have a different validity period, which eventually expires. 

When your work permit expires, you are expected to leave Canada as you will no longer have valid permission that allows you to live and work in Canada. However, you also have some options. Keep in mind that most of them must be addressed BEFORE your work permit expires.

1 - HOW CAN I EXTEND MY STAY AS A WORKER?

If you want to extend your stay in Canada, you should apply at least 30 days before your status expires. Depending on your situation, you may need to use a different application form. 

For example, if you have a new job offer in Canada, you will need to apply for a new work permit. Your employer may also be required to obtain a new Labour Market Opinion prior to your application for a work permit.


THERE ARE A FEW THINGS TO CONSIDER WHEN EXTENDING YOUR STAY AS A WORKER:

If your permit expires after you submit your application for extension but before you receive a decision on your application, you can stay in Canada under, what is called, maintained status

If you apply for another work permit, you can stay in Canada and meet the conditions of your original work permit.

If you apply for a different kind of permit, you cannot do any of the activities allowed by the original work permit; 
Let's say, for example, you came to Canada and received a valid work permit and then applied for a study permit. You can only work until your work permit expires and then cannot work or study until you have received a new permit.

 

2 - CAN I APPLY TO EXTEND A WORK PERMIT FROM INSIDE CANADA?
Yes, you can apply from inside Canada as long as the work permit you applied for from outside Canada is still valid.

YOU MAY GET AN EXTENSION IF:

  • Your employer receives a new labour market opinion (LMO)
  • You both signed a new employer and employee contract
  • You apply for a new work permit before your current work permit expires
  • You submit your application before your current work permit expires, which will allow you to stay in Canada until a decision is made.

 

3 - MY WORK PERMIT HAS EXPIRED. CAN I APPLY FOR ANOTHER ONE?

Yes, you can apply to restore your temporary resident status and extend your work permit. You can only do this if your permit expired less than 90 days ago. Because you applied to restore your status after it had expired, you cannot work while the application is in progress. When applying, you must also pay the fees for both the restoration of status and a new work permit.

 

4 - I HAVE APPLIED FOR A NEW WORK PERMIT. CAN I STAY IN CANADA IF MY WORK PERMIT EXPIRES?
Yes. You can stay in Canada and may be able to keep working, under what's called maintained status. This lasts until Citizenship and Immigration Canada has made a decision on your application.

If you applied for another work permit, you must stay in Canada and meet the conditions of your original work permit. If you applied for a work permit extension before your work permit expired, you can keep working under the same permit until a decision is made.


5 - CAN I KEEP WORKING IF MY PERMIT EXPIRES? HOW DO I PROVE THIS TO MY EMPLOYER?
Yes, if you applied for a work permit extension before your work permit expired, you can keep working until a decision is made on your application.

You must stay in Canada and meet the conditions of your original work permit to maintain your implied status until a decision is made on your application to extend your work permit.

CIC (Citizenship and Immigration Canada) does not provide confirmation that you have implied status in Canada. However, you should keep proof that you submitted the application before your work permit expired. This includes copies of the application, the fee receipt, and something that confirms the date it was sent and delivered. This should be sufficient proof for your employer.

 

 

Do you need help with your Work Permit?

Book an appointment now with one of our consultants.

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