Extending your Canadian work permit before the expiration date approaches is crucial for legally working in Canada and maintaining your valid worker status. Complying with immigration regulations when applying for a work permit extension is essential to avoid rejections and legal issues. Understanding the methods of obtaining a work permit extension in Canada is essential to ensure a smooth transition and continued eligibility to work within the country.
Am I eligible to extend my work permit?
To determine if you are eligible to extend your existing work permit in Canada, you must consider the following criteria:
Current Work Permit Status: You must have a valid work permit at the time of application. If your permit has expired, you may still apply for restoration of status within 90 days of expiry.
Employer-Specific Conditions: If your work permit is employer-specific, you need a new job offer and a positive Labour Market Impact Assessment (LMIA) or an LMIA exemption for your new job.
Compliance with Conditions: You must have complied with the conditions of your initial work permit, including the type of work, the employer, and the location specified.
Timing of Application: You should apply for an extension at least 30 days before your current permit expires to avoid being out of status.
It is crucial to comply with immigration regulations to avoid rejections and legal issues.
Supporting Documents: Ensure you have all necessary supporting documents, such as a valid passport, a new job offer if applicable, and any other documentation required by the immigration authorities.
If you meet these conditions, you may be eligible to extend your work permit.
How do I extend my work permit?
Typically, the process involves submitting your application online. You will need to gather digital copies of your documents and will be required to pay processing fees. Here is a brief list of how the process works:
Complete the forms.
Gather the required documentation such as your passport, digital photo, etc.
Pay the fees.
Submit the application.
Most people must apply online. If you cannot apply online because of a disability or a problem with the online application, you can apply on paper.
Await for a final decision on the application.
If you need to take any further action regarding your application, an officer will inform you in writing.
In most cases, IRCC will send you a letter confirming that you can continue working up until a certain date, or until a decision is made on your application.
Canadian immigration services are highly reliable and can assist you with the work permit extension process, ensuring you meet all eligibility conditions and submit timely applications.
Can I continue working with an expired work permit in Canada?
No, you cannot legally continue working in Canada with an expired work permit. However, if you apply to extend your work permit before it expires, you can continue working under the same conditions as your original work permit until a decision is made on your extension application. This is called maintained status. If your work permit has already expired and you did not apply for an extension, you must stop working immediately and apply for restoration of status within 90 days of the expiry date. During this restoration period, you cannot work until your status is restored and you receive a new work permit.
If you have applied to extend your work permit, and it expires before a decision is made
You are considered to have “Maintained Status”. This means that you are permitted to continue working, without a work permit until IRCC reaches a decision on your work permit extension application, provided that you adhere to the same conditions outlined in your current or expired work permit.
If you have applied for a new work permit to either change your employer, job, or work location, and your current permit expires during the processing period,
You have maintained your status. Individuals maintain their temporary resident status while awaiting the processing of their permanent residency application. You are authorized to continue working, but exclusively for the employer specified in your original work permit, until IRCC provides a decision on your work permit extension application. Notably, you cannot commence working under the conditions of the new work permit, until the application concludes processing.
It is imperative to recognize that you are not permitted to extend your work permit beyond the expiry date of your passport.
What if my work permit expires before I can apply for an extension?
If your permit expires before you can apply for an extension, you must stop working immediately. However, you can apply to restore your status as a worker within 90 days of your work permit’s expiry date. When applying for restoration, you need to:
Submit an Application: Apply to restore your status and extend your work permit. Ensure you include all required documentation and fees.
Cease Working: You cannot legally work while your restoration application is being processed. You must wait until your status is restored and you receive a new work permit.
Meet All Conditions: Demonstrate that you met all the conditions of your previous work permit and that you still meet the eligibility requirements for a new permit.
If your restoration application is approved, you will receive a new work permit, and you can resume working. If it is refused, you may need to leave Canada. Although you may apply for a restoration of your status, IRCC cautions that there is no assurance of approval for your application to reinstate your status. Therefore, it is best to apply for an extension of your work permit in Canada, before the expiration of the same.
What if I need to temporarily leave Canada?
If your visitor visa or ETA has expired, you need to apply for a new visitor visa or ETA before you are able to travel back to Canada. You do not automatically get a new visa when you apply to extend or change your work permit. To extend your stay in Canada, you may need to transition from a work permit to a study permit, which involves meeting specific conditions and maintaining your status while waiting for a decision. Leaving If you are on Maintained Status and you leave Canada, you will lose your implied status. This means you cannot continue to work until you receive the decision on your work permit extension application and potentially a new work permit.
Why hire AKM Law as your Immigration Lawyers?
If you’re considering a work permit extension, hiring AKM Law as your Immigration lawyers can be crucial for several reasons. AKM law will guide you through the process, ensuring all documentation is correctly filled out and submitted on time. They provide expert advice tailored to your specific situation, increasing the likelihood of your extension being approved. Additionally, in case of any legal challenges or issues with your application, AKM Law can represent you and address these effectively, saving you time and effort while maximizing your chances of a successful outcome.
Maintaining legal status and compliance with Canadian immigration laws is essential to improve your chances of obtaining Canadian permanent residency.
