When you’re a Canadian work permit holder, there may come a time when you need to extend or change your permit to continue working in Canada. However, your ability to keep working after your permit expires depends on when you applied for the permit extension or change.
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Specifically, only temporary workers who applied for a work permit extension or change before their original permit’s expiry date are eligible to continue working after their initial permit expires. Here’s why this is possible:
Why Can Some Temporary Workers Continue Working With an Expired Permit?
Individuals who submit a work permit extension or change application before their original permit expires have effectively maintained their legal status in Canada. They have received authorization to work until their new application is processed and finalized. In this situation, temporary workers can legally continue their employment in Canada as long as they:
- Remain in Canada
- Work under the same conditions as their original work permit
Now, these rules can differ depending on your specific situation:
Differences Based on Your Unique Situation
Employer-Specific (Closed) Permits: If you have an employer-specific (closed) permit and applied for a work permit extension, you must continue working under the same conditions as specified on your current permit. Those who applied for a new work permit must keep working for the employer named on their original permit until a decision is reached on their most recent application. Once a decision is made, if the new permit is approved, you can begin employment under its conditions.
Open Work Permits (OWP): For individuals with an open work permit, you have the flexibility to change employers and jobs freely.
Applying for Study Permit or Visitor Record: If you’re a work permit holder applying for a study permit or visitor record, you’re allowed to work only until your original permit expires. After that, you must legally cease working. Those applying for a study permit are also unable to study until a final decision is made on their application.
Proving Your Continued Eligibility to Your Employer
Whether you’re applying for a work permit extension or a new work permit, you may need to demonstrate to your employer that you’re still authorized to work in Canada, even after your initial permit expires. The proof you can provide may vary depending on whether you applied for your permit extension or change online or on paper.
Online Applicants: If you applied for a work permit extension or change online, you can show your employer the following documents as proof of your continued eligibility to work in Canada:
Work permit extension letter (WP-EXT except PGWP) received from Immigration, Refugees, and Citizenship Canada (IRCC). This should be presented to your employer along with your current work permit.
If you haven’t received a final decision on your work permit extension or change by the expiry date on your WP-EXT letter, you can prove your eligibility to work by showing your employer the appropriate webpage or by contacting IRCC.
Paper Applicants: On-paper work permit extension or change applicants can provide their employers with the following documents as proof of their continued eligibility to work in Canada:
A copy of their work permit extension or change application
Evidence of payment for the work permit extension or change application fees
A copy of the postal or courier tracking information for their application
It’s important to note that on-paper applicants do not receive a WP-EXT letter because IRCC needs to ensure the completeness of their application and that the applicant meets the requirements to work in Canada.
Understanding these regulations and providing the necessary documentation to your employer will help ensure a smooth transition and allow you to continue your employment in Canada even if your work permit has expired.