At some point, many Canadian work permit holders may seek to renew or alter their permits to maintain employment in Canada. If you find yourself in this situation as a foreign national, it’s crucial to understand the options for Working in Canada after work permit expiration. The ability to continue working in Canada post-expiration largely depends on when you applied for a permit extension or modification.
When you apply for a permit extension or modification, it is crucial that you understand that the timing of your application will determine whether or not you can continue working in Canada.
If the temporary work permit holder applies for an extension or modification of their temporary permit before it expires, they are allowed to work in Canada after the temporary permit expires.
It is important to note that there are some differences in the rules for people with work permits who request a study permit or visitor record; we will discuss these differences more fully later.
The reason behind the ability to work in Canada after work permit expiration
People can maintain their legitimate immigration status in Canada by applying for a work permit renewal or modification before their first permission expires. They are also given permission to carry on working while their new application is processed and approved. This strategy guarantees a seamless transfer for temporary employees, allowing them to continue working without interruption.
In this case, temporary workers may continue working legally within Canada. The temporary employee must:
- Stay within the country.
- Maintain the same working conditions as specified in their original work permit.
How do these regulations vary based on your specific circumstances?
Maintaining employment under the same terms and circumstances outlined in their current work permit is crucial for candidates seeking a work permit extension with an employer-specific (closed) permit. Likewise, until a decision is made on their most recent application, those who have applied for a new work permit must continue working for the same employer listed on their original permit. After immigration authorities have made a final decision and granted the new work permit, the temporary worker can transition to employment under the conditions specified in the new permit.
The temporary worker, however, has the freedom to switch employers and jobs whenever they want if they have an open work permit (OWP).
The capacity of people with work permits to continue working or studying depends on when their first work permit expires when they apply for a study permit or visitor record. They can work legally as long as their first work permit is still in effect. By law, they must stop working once this authorization expires. Additionally, a person is not allowed to continue their studies until a decision is made on their application for a study permit. This also applies to people who have applied for one.
Demonstrating your continued eligibility for employment in Canada
It may be necessary for workers with work permits to prove to their employers that they have the right to continue working in Canada after the first permission expires in order to obtain an extension or new permit. Whether they submitted their extension or change application electronically or on paper will determine what proof they can offer. Depending on the application strategy selected by the holder of a work permit, different proof requirements may apply, guaranteeing conformity with the rules governing employment eligibility in Canada.
Online Applicants
Holders of work permits who have applied for an extension or change online can present the following documents to their employer as proof of their continued authorization to work in Canada:
- A letter from the IRCC extending a work permit (WP-EXT, except PGWP). Show your current work permit to your employer along with this letter.
- By sharing this website or getting in touch with IRCC, the applicant can prove that they are still eligible to work if they haven’t heard anything definitive about their work permit extension or change by the WP-EXT letter’s expiration date.
These papers serve as evidence of their legitimate right to work in Canada.
Paper Applicants
Work permit holders who have submitted a paper application for an extension or change can provide the following documents to their employer to demonstrate their continued eligibility to work in Canada:
- A duplicate of their work permit extension or change application.
- Evidence of payment for the work permit extension or change application fees.
- A duplicate of the postal or courier tracking information related to their application submission.
These documents serve as tangible proof to employers that the work permit holder has an active application in process, allowing them to legally continue working in Canada beyond the expiration date of their initial permit.
It’s crucial to remember that those who submit paper applications for work permit extensions or adjustments might not get a WP-EXT letter. This is due to the fact that before providing such a letter, IRCC must confirm the accuracy of the applicant’s application and guarantee that the applicant satisfies the conditions to work in Canada.
