New Work Permit Application
If you want to change employers while holding an employer-specific permit, you generally need to apply for a new employer-specific work permit.
WORK
Protect your temporary status and understand the steps required to continue working or change the conditions of your Canadian work permit.
Review Your Work PermitWORK PERMIT EXTENSIONS
If your Canadian work permit will expire soon and you want to continue working, you may need to apply to extend your work permit before it expires.
You may also need to apply for a new work permit or change the conditions of your existing permit if you want to change employers, occupations or other conditions listed on the permit.
The appropriate application depends on the type of work permit you hold and the reason you need new authorization.
Timing is particularly important because applying before your current status expires can affect whether you are allowed to remain and continue working in Canada while the application is processed.
TIMING MATTERS
IRCC currently recommends applying to extend or change the conditions of a work permit at least 30 calendar days before the existing permit expires.
Applying early helps reduce the risk of problems with your temporary status and gives you more time to deal with missing employer documents, LMIA requirements or other application issues.
More importantly, an application submitted before the current permit expires may allow you to benefit from maintained status while IRCC processes the new application.
Even though an application may technically be submitted before expiry, waiting until the last moment increases the risk of technical, documentation or payment problems.
Review My Expiry DateMAINTAINED STATUS
In many cases, yes — if the correct application was submitted before your existing work permit expired.
If you apply to extend or change your work permit before it expires, you can generally remain in Canada until IRCC makes a decision.
If applicable, you may continue working while the application is processed, provided you remain in Canada and follow the required conditions.
Maintained work authorization generally allows you to continue under the same conditions as your original work permit.
If you leave Canada while relying on maintained status and your work permit application is still being processed, you generally cannot resume working after you return until the new work permit is approved.
Temporary Resident Permit (TRP) applicants do not benefit from maintained status solely because a TRP application is being processed. Separate rules apply in those circumstances.
EMPLOYER-SPECIFIC WORK PERMIT
If you hold an employer-specific work permit and apply before expiry to extend it under the same conditions, you may generally continue working while IRCC processes the application.
However, the authorization is tied to the conditions of your original work permit.
This generally means continuing to work for the same employer, in the same job and at the same work location where those conditions appear on the existing permit.
If your existing permit names a specific employer, you should not assume you can begin working for a new employer simply because you submitted another work permit application.
Review My Work ConditionsCHANGE OF EMPLOYER
A worker with an employer-specific permit generally needs new authorization before moving to another employer.
If you want to change employers while holding an employer-specific permit, you generally need to apply for a new employer-specific work permit.
Your new employer may need a positive LMIA or may need to complete an LMIA-exempt employer process before you apply.
Normally, you cannot simply begin working for the new employer using the conditions of your existing employer-specific permit.
Certain eligible workers in Canada may request authorization from IRCC to begin working for the new employer while the new work permit application is being processed.
A valid open work permit generally allows the holder to change eligible employers without applying for a new permit solely because of the employer change.
An open work permit holder still needs new authorization if the permit itself is approaching expiry and they want to continue working.
OPEN WORK PERMITS
An open work permit is not automatically renewable simply because the person currently holds one.
To receive another open work permit, the applicant must generally continue to qualify under an immigration category that authorizes an open work permit.
For example, eligibility may depend on a permanent residence application, family relationship, graduate status or another qualifying immigration circumstance.
Before applying, confirm the legal basis under which you qualify for another open work permit.
Check My Open Work PermitPROOF OF WORK AUTHORIZATION
Employers may ask for evidence that a worker whose permit has expired remains authorized to work while an extension is being processed.
Certain online applicants receive a “WP-EXT except PGWP” letter in their IRCC account as proof that they may continue working under the same conditions while IRCC processes the application.
If the letter shows a date that passes before IRCC makes a decision, eligible workers may still remain authorized to work under the same conditions until the application is decided.
Depending on how the application was submitted, proof of submission can help demonstrate that the application was filed before expiry.
The expired permit helps establish the original employment conditions that continue to apply during maintained status.
A worker who is otherwise authorized to continue working under maintained status may still work even if the expiry date on their SIN has passed.
MISSED THE EXPIRY DATE?
If you did not submit the appropriate extension or change application before your work permit expired, you should not assume that you can continue working.
You may need to stop working immediately and determine whether restoration of temporary resident status is available.
Restoration has separate eligibility and timing requirements and does not provide the same work authorization as maintained status while the restoration request is being processed.
The strategy is different once status has expired. Review your eligibility before continuing employment or submitting another application.
Learn About RestorationCHANGING STATUS
Maintained status depends on the type of application you submit before your current work permit expires.
If you change from worker status by applying for a visitor record or study permit, you may be allowed to remain in Canada while the application is processed.
However, your authorization to work generally ends when your original work permit expires unless another legal basis allows you to work.
Temporary resident status and work authorization are related but separate concepts. Always confirm both before continuing employment.
Review My StatusAPPLICATION PROCESS
The exact process depends on whether you are extending the same employment, changing employers or applying under a different work permit category.
Determine how much time remains on your current permit and whether you still have valid temporary status.
Confirm whether you are extending the same permit, changing employers or applying under another work authorization category.
Where applicable, obtain the required LMIA or LMIA-exempt employer documents before submitting the worker application.
Submit a complete application while your existing permit is still valid whenever possible.
While waiting for a decision, make sure you only work if authorized and follow the conditions that apply to your situation.
IMPORTANT INFORMATION
One of the most important issues in a work permit extension case is determining not only whether you can remain in Canada, but whether you are legally authorized to continue working.
The answer depends on what application was submitted, when it was submitted and the conditions of your previous work permit.
Changing employers, travelling outside Canada or changing from worker status to another temporary resident category may also affect your ability to work.
AddPlus Immigration Solutions Inc. can review your existing permit, expiry date, employer and immigration circumstances to help determine the appropriate extension or change application.
Contact UsPROTECT YOUR WORK STATUS
Tell us when your permit expires, what type of work permit you hold and whether your employment situation is changing, and let our team help you understand your next steps.
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