Your Canadian work permit is about to expire, but IRCC hasn’t made a decision on your new application.
Do you have to stop working on the expiry date printed on your permit?
Not necessarily.
If you applied to extend or change your work permit before it expired, you may have maintained status, which can allow you to legally remain in Canada — and, in many cases, continue working — while Immigration, Refugees and Citizenship Canada (IRCC) processes your application.
But maintained status is widely misunderstood. Simply submitting an application before your permit expires does not always mean you can continue working.
Here’s what you need to know.
What Is Maintained Status in Canada?
Maintained status allows a temporary resident who applies to extend or change their status before their current status expires to legally remain in Canada while IRCC processes the application.
For workers, this can be particularly important.
If you apply to extend or change your work permit before your current work permit expires, you can generally remain in Canada while waiting for a decision. If you meet the requirements, you may also continue working under the conditions of your existing work permit.
The timing matters: IRCC must receive your application before your existing status expires.
Can I Keep Working After My Work Permit Expires?
If you submitted an eligible work permit application before your current work permit expired, you may be authorized to continue working while IRCC processes it.
However, you generally have to continue working under the same conditions as your original work permit.
If you have an employer-specific work permit, that generally means continuing with the same:
- employer;
- occupation; and
- work location.
If you have an open work permit, you can generally continue working according to the conditions of that open work permit.
This authorization can continue until IRCC makes a decision on your application, provided you remain eligible and stay in Canada.
Does Applying for Visitor Status Let Me Keep Working?
No.
This is one of the most important distinctions to understand.
If you have a valid work permit and apply to change your status to a visitor before it expires, you may be able to legally remain in Canada while IRCC processes the visitor application.
But once your work permit expires, you must stop working.
Maintained temporary resident status and maintained authorization to work are not always the same thing.
The type of application you submit matters.
What If I Apply for a Study Permit?
The same general problem applies.
If you are a worker and apply for a study permit, you may be able to remain in Canada while IRCC processes your application, but you cannot simply continue working after your existing work permit expires based on the study permit application.
You also generally cannot begin studying until you are authorized to do so.
Submitting an application to IRCC does not automatically preserve every authorization you previously had.
Can I Change Employers While on Maintained Status?
This is another area where workers can run into trouble.
If your previous permit was employer-specific, maintained status generally allows you to continue working under the conditions of that permit while IRCC processes your new application.
That does not automatically mean you can start working for the new employer listed in your pending application.
There are circumstances where a worker changing employers can request separate authorization from IRCC to begin working for the new employer while the new work permit application is being processed.
But you should not assume that submitting a new work permit application automatically gives you permission to start the new job.
What Happens to My SIN When My Work Permit Expires?
Your Social Insurance Number may show the same expiry date as your work permit.
However, if you properly applied to extend your work permit before it expired and remain authorized to work under maintained status, IRCC confirms that you can continue working even though your SIN has expired.
You generally won’t be able to update the expiry date on your SIN until you receive your new work permit.
How Do I Prove to My Employer That I Can Still Work?
This is a common concern because your physical work permit may show that it has already expired.
If you applied online to extend or change your work permit and are eligible to continue working, IRCC may issue a WP-EXT letter through your online account.
You can provide this letter together with your expired work permit to your employer as evidence of your continued authorization to work.
Importantly, the WP-EXT letter may itself contain an expiry date. IRCC currently confirms that if your application is still being processed after that date, you may continue working beyond the date on the letter as long as you remain eligible to work under maintained status.
What If My Work Permit Already Expired and I Didn’t Apply?
This is very different.
If your work permit expired before you submitted an application to extend it, you generally do not have maintained status based on a later application.
You may be eligible to apply to restore your status within 90 days of losing it.
However, restoration does not generally allow you to continue working while you wait.
In most cases, you must stop working and wait until your status and work authorization have been restored before returning to work.
This is why the difference between applying before and after your work permit expires can be significant.
Does an Express Entry Profile Give Me Maintained Status?
No.
Creating an Express Entry profile does not extend your temporary resident status or your work authorization.
Similarly, waiting for an Invitation to Apply does not give you maintained status.
Even receiving an ITA does not automatically extend your work permit.
Some permanent residence applicants may eventually qualify for a Bridging Open Work Permit, but eligibility depends on the permanent residence program and the stage the application has reached.
If your work permit is approaching expiry while you are waiting for permanent residence, you need a separate strategy for maintaining your temporary status and, where possible, your authorization to work.
What About Travelling Outside Canada While on Maintained Status?
Travel can complicate maintained status and work authorization.
If you leave Canada while your work permit extension is being processed, you should not assume you will be able to return and continue working under maintained status.
Before travelling, it is important to understand how leaving Canada could affect your ability to work when you return.
A vacation outside Canada can become a much bigger immigration issue when your original work permit has already expired.
Don’t Assume You’re Allowed to Keep Working
Maintained status can be extremely helpful, but it is not a blanket rule that says:
“I submitted an application, so I can keep working.”
Whether you can legally continue working depends on what status you held, what application you submitted, when you submitted it and the conditions of your previous work permit.
If your work permit is expiring soon, it is worth determining your strategy before the expiry date arrives.
At Legacy North Immigration, we can review your current work permit, immigration status, pending or proposed application, employer and permanent residence plans to determine what options may be available.
Book a consultation before your work permit expires so you understand whether you can maintain your status, whether you can continue working, and what application actually makes sense for your situation.
When it comes to maintained status, applying before your permit expires is important — but applying for the right thing is just as important.
This article provides general information only and is not legal or immigration advice. Immigration status and work authorization depend on the individual circumstances of each applicant.
