How Long Can I stay in Canada after my Work Permit expires?

Dec. 15

Is your work permit in Canada expiring within the next 6 months? Read on for the information you should consider now.

There were no general Express Entry draws for some time. For all of 2021, there were no Federal Skilled Worker (FSW) draws. Canadian Experience Class (CEC) draws were paused after September 14, 2021, until July 6, 2022. During that time Immigration Canada (IRCC) only issued Express Entry Invitations to Apply (ITAs) under the Provincial Nominee Programs (PNP). If you were counting on Express Entry draws and the ability to submit your application for Permanent Residence as your way to ultimately remain in Canada, you may need to search for other options sooner rather than later. Similarly, if you submitted a TR to PR application under the public policy but have not yet received PR, read on for important information.

Quick items to check right away

· When does your passport expire? Keep in mind that you cannot apply to extend your status past the expiry of your passport. You may need to apply right away to extend your passport.

· When does the passport of your accompanying family members expire? Your family members may need to extend their passports.

· If you are hoping to submit an Express Entry application, check the validity dates on your language exam(s), your Education Credential Assessment(s), police certificates, and medical exam. You may need to obtain updated documents.

· Do you have strong French language skills? Have you written the TCF or TEF exam? Is French your language of daily use? Will you be living and working outside of Quebec? Do you have an employer who will support your application? You may want to look into the Francophone Mobility program under the IMP.

· Do you qualify for a Provincial Nominee Program? Each Province has its own requirements and many Provinces require that you show an intent to live in that Province. Some Provinces also require that you submit (and often pay an application fee to the Province for) an Expression of Interest. There are generally two types of PNP applications, “paper-based” applications or applications that require you to also have a valid Express Entry profile.

· Did you already submit a TR to PR application and have you received the Acknowledgement of Receipt (AoR)? If so, you may be eligible for a special open work permit.

· Check the validity date of your current work permit – note the expiry date and any comments or conditions on your work permit.

What kind of work permit do you have?

All foreign nationals need to maintain their temporary status while physically inside Canada. There are two broad categories of work permits, open work permits and employer-specific work permits.

If you have a valid open work permit, which means that your document states that you can work for any employer and in any location in Canada, and in any job, you may not be able to extend that work permit.

For example, Post Graduation Work Permits cannot be extended (though in some circumstances if they were issued for a shorter validity period due to the fact that your passport was expiring, you can apply to recapture time but please book a consultation to discuss the specifics of your circumstances). There have been two different temporary public policies to apply for a one-time 18-month open work permit. If you applied for the public policy in 2021, IRCC has said you are not eligible for another public policy 18-month work permit.

You can use Immigration Canada’s online tool to check the types of work permits for which you might be eligible.

Note that you can only submit a bridging open work permit if you already applied to certain categories of PR applications and have received your acknowledgment of receipt or passed the completeness check.

If you have an open work permit and are not eligible for another open work permit, you may need to begin preparing now for an employer-specific work permit.

How to get an employer-specific work permit

Under the IMP, your employer is first required to submit an Offer of Employment through the Employer Portal. The Employer will get an A# and an O#. If you meet the requirements under the IMP, you would then submit your work permit application and include the A# and O# and your Offer of Employment along with supporting documents.

If you do not fit a category under the IMP, then your employer will most likely have to recruit and advertise for a significant period of time (usually at least 4 weeks) to try to find a Canadian citizen or Permanent Resident to fill the job. The advertising and recruiting requirements are exacting and I highly recommend that employers consult with an experienced immigration lawyer before beginning recruitment and advertising to ensure it complies with all requirements.

If your employer cannot find a Canadian to fill the role, only then could they apply for a Labour Market Impact Assessment (LMIA) to Service Canada/ ESDC. Note that the LMA is an application that the employer must complete. It can take Service Canada months to make a decision on whether to grant the LMIA. If the LMIA is granted to the employer, and if the employer has named you as a worker on that LMIA, then you can apply for an LMIA-based employer-specific work permit. Note that it may take months for IRCC to make a decision on your work permit. You cannot usually begin work for a new employer, or change your job title, wage, or employment location unless and until Immigration Canada approves your new work permit and it is issued to you.

Interim authorization to work in Canada?

In some very specific circumstances and only for a limited time (currently until February 28, 2023), it may be possible for you to apply for interim authorization to work in Canada while switching from one work permit to an employer-specific work permit. You must have had valid temporary status at the time you submitted the work permit application, remain in Canada with status, have held a valid work permit in the 12 months before you submit a work permit under this temporary policy, intend to work for a specific listed employer under the IMP or the TFWP, apply for interim authorization using the specific web form instructions and properly make the request. There are also temporary public policies in place for some visitors in Canada to get interim authorization to work but only if they are applying for an employer-specific work permit and their employer has met the requirements of the IMP or the TFWP.

Your authorized period of stay in Canada

You must leave Canada by the end of your authorized period of stay.

Your authorized period of stay is defined in section 183 of the Immigration and Refugee Protection Regulations. In general, your authorized period of stay ends when among other things:

you leave Canada without prior authorization to re-enter,
your work or study permit expires,
when the extension to your work or study or visitor status ends,
your temporary resident permit (TRP, formerly called a Minister’s permit) is no longer valid,
10 years after you provided biometrics (if you were required to do so),
6 months after you entered Canada as a visitor (and there was no other stamp or indication from the Officer at the port-of-entry (airport or land crossing) that indicated a different authorized period of stay as a visitor, or
your passport or travel document expires.

IRCC’s operational bulletin on the validity period on work permits is a helpful resource.

Your obligation to maintain status

If you apply for an extension or a new work permit (and it is a complete application) while your current work permit is still valid, you will hopefully have maintained status (formerly called implied status). Again, there are some pitfalls here so please consult with a lawyer to discuss your application and the transition from one type of status to another.

If you submitted an application for Permanent Residence under the TR to PR pathway (International Graduate or Essential Worker – health or non-health related, and the French-speaking streams under those same categories) then you have an obligation to maintain valid temporary resident status (or be eligible to restore your status) and be physically present in Canada both when you submitted the TR to PR application and when the TR to PR application is approved. To preserve your TR to PR eligibility, it is thus essential to maintain your status in Canada and please consult with us to discuss the particular circumstances of your case.

IRCC’s operational bulletin on what they consider maintained status is a helpful resource.

Apply to another Designated Learning Institution (DLI) in Canada and apply for a study permit.

Remember, a Post Graduation Work Permit (PGWP) is only issued once. In some circumstances, you can stack your education programs and wait to apply for a PGWP. However, if you already were granted a PGWP and it is expiring soon, and if you get another study permit, you are not eligible for another PGWP.

If you are able to get a study permit, and if you actively pursue your studies and comply with the conditions on your study permit, that is one way of maintaining valid temporary status in Canada. In some circumstances set out in Regulation 186(f), and 186(v) of the IRPA (Immigration and Refugee Protection Regulations), full-time students can work part-time or full-time because they hold a valid study permit. Remember though, that during the time you are a full-time student, you are not able to claim work experience as Canadian Work Experience to qualify for CEC.

Switch to visitor status?

If your work permit is going to expire soon, you might consider making an application to change conditions or extend your stay in Canada and switch to visitor status. You are required to continue to show a valid temporary intent, show you can support yourself without working in Canada, and show that you can return to your country of nationality or permanent residence if required.

Be very careful, however, because if you switch to visitor status inside Canada, you may not be eligible to apply for a work permit or a study permit from inside Canada. This is a complicated area. There are currently some COVID-19 temporary public policies that may affect you but some of those public policies will expire by February 28, 2022. The general rule is that people have to apply for a work permit or a study permit from outside Canada. Usually, only if you hold a valid work or study permit in Canada can you apply for another work or study permit from inside Canada.

Restoration of status within 90 days of your status expiring?

If your status has already expired, please book a consultation immediately. The IRPR sets out the general requirements for restoration in Regulation 182. Only some types of non-compliance can be saved through a restoration application. You must submit your restoration application within 90 days of your status expiring.

Be careful because study permit holders who stop being enrolled at a DLI or who are no longer actively pursuing their program of study under Regulation 220.1(1) are not eligible for restoration of their student status.

Make sure that you are applying to restore to a type of status for which you are eligible. Your restoration application needs to be perfect, complete, submitted properly, and be accompanied by the restoration fee of $200 in addition to all other Government application fees to Immigration.

Return to your country of nationality or residence?

In some circumstances, there may be nothing left to do but return home. Depending on the situation, like if you have already gained a full year, 1,560 hours, of Canadian Work Experience, and have an Express Entry profile and very high CRS points, this may be a decent choice if you have gone through all your options and if you cannot extend your status in Canada.

If you filed an application for permanent residence under the TR to PR pathway, and if you cannot extend, maintain, or restore your status in Canada, it will likely take away your eligibility for the TR to PR pathway if you leave Canada. However, you also have an obligation to comply with the law.

Please consult with us to ensure that you fully understand your immigration options and that you fully understand how long you can stay in Canada after your work permit expires! This article provides general information and is not immigration legal advice.

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