What Temporary Workers Should Know About Maintaining Their Status and Continuing to Work
For many temporary workers in Canada, getting permanent residence is the next step toward building a long-term future in the country. But immigration applications can take time, and some applicants may find themselves approaching the expiry date of their work permit before receiving a decision on their permanent residence application.
So, what happens if your work permit expires while waiting for PR in Canada?
The answer depends on what you applied for, when you submitted your application, and whether you still have authorization to work. In some situations, you may be able to remain in Canada and continue working under maintained status. Some permanent residence applicants may also qualify for a Bridging Open Work Permit (BOWP).
However, simply having a permanent residence application in progress does not automatically give you the right to continue working.
What Happens When a Work Permit Expires?
Your work permit has an expiry date, and you should take action before that date if you need to continue working in Canada.
If you apply to extend or change your work permit before it expires, you may have maintained status while IRCC processes your application. IRCC says that, in this situation, you can generally stay in Canada and may be authorized to continue working under the conditions of your original work permit while waiting for a decision, provided you remain in Canada.
This is different from simply having a PR application under processing.
What Is Maintained Status?
Maintained status allows certain temporary residents to remain in Canada while IRCC processes an application to extend their temporary status.
For workers, there is an important distinction.
If you applied to extend or change your work permit before it expired, you may be authorized to continue working while IRCC processes the application.
If your original permit was employer-specific, you generally must continue working under the same conditions, including for the employer named on your original permit, unless you have authorization to change those conditions.
Example
Imagine that your work permit expires on October 15.
You submit an eligible application to extend your work permit before October 15. If your permit expires while IRCC is still processing the application, you may have maintained status and authorization to continue working under the conditions of your original permit.
But if you wait until after October 15 to apply, the situation is different. You may have lost your status and must stop working while seeking restoration.
Does Applying for PR Automatically Let You Keep Working?
No.
This is one of the most important points for applicants to understand.
Submitting a permanent residence application does not, by itself, extend your work authorization.
You need to have another basis for continuing to work legally in Canada.
For some permanent residence applicants, that option may be a Bridging Open Work Permit.
What Is a Bridging Open Work Permit?
A Bridging Open Work Permit, commonly called a BOWP, is designed to help eligible permanent residence applicants continue working in Canada while they wait for a decision on their PR application.
IRCC currently lists several permanent residence pathways for which applicants may be eligible, including Express Entry and certain Provincial Nominee Program applications.
The important word is eligible.
Not every person waiting for permanent residence qualifies for a BOWP.
Who May Qualify for a BOWP?
Requirements vary according to the permanent residence program.
For example, an Express Entry applicant generally needs to:
- Be the principal applicant.
- Be in Canada and intend to live outside Quebec.
- Have submitted a complete permanent residence application.
- Have passed the completeness check.
- Have received an acknowledgement of receipt.
- Meet the applicable temporary status and work permit requirements.
IRCC specifically notes that merely submitting an Express Entry profile to the pool is not the same as submitting a permanent residence application.
This distinction is important.
Being in the Express Entry pool does not by itself make someone eligible for a BOWP.
What About Provincial Nominees?
Some applicants who have received a provincial nomination and submitted their permanent residence application may also qualify for a BOWP.
The requirements depend on whether the PNP application was submitted through Express Entry or through a non-Express Entry process.
For certain non-Express Entry PNP applicants, IRCC requires the applicant to have submitted a complete permanent residence application and passed the relevant eligibility assessment, in addition to meeting other requirements.
A provincial nomination alone also does not automatically give someone permission to work in Canada. A work permit is still required.
What If You Applied for a Work Permit Extension Before It Expired?
If you applied to extend your work permit before the expiry date, you may have maintained status.
IRCC states that eligible workers can continue working while the application is being processed, provided they remain in Canada and continue working under the conditions of their original work permit.
This can be particularly important for workers whose PR applications are still being processed.
You should keep proof of your application and any relevant IRCC documentation in case your employer needs evidence that you are authorized to continue working.
What If Your Work Permit Has Already Expired?
If you allowed your work permit to expire before applying to extend or change it, you may have lost your temporary resident status.
IRCC says that people who lose their status must stop working and may need to apply for restoration of status and a new work permit if they want to remain in Canada and work again.
Restoration is not the same as maintained status.
This is why workers should not wait until after their permit expires before addressing their immigration status.
Can You Leave Canada While Waiting?
Be careful about travelling outside Canada after your work permit expires.
IRCC explains that if you leave Canada after your work permit expires while relying on maintained status, you may not be able to work when you return until the new work permit is approved.
Similar considerations apply to applicants for a BOWP.
For example, IRCC states that certain BOWP applicants who leave Canada after their work permit expires cannot work until the new application is approved.
Before travelling, understand exactly what your current status allows.
What Should You Do Before Your Work Permit Expires?
If you are waiting for permanent residence and your work permit is approaching its expiry date, do not wait until the last moment.
Check your expiry date
Confirm the exact expiry date on your current work permit.
Also check whether your document contains a separate “Must leave Canada by” date.
Review your PR application
Determine what stage your permanent residence application has reached.
Ask yourself:
- Have you only created an Express Entry profile?
- Have you received an Invitation to Apply?
- Have you submitted your complete PR application?
- Have you received an acknowledgement of receipt?
- Have you received a provincial nomination?
- Have you received any communication from IRCC?
These details can affect what options are available.
Check whether you qualify for a BOWP
Do not assume you qualify simply because you have applied for PR.
Review the current IRCC eligibility requirements for your specific program.
Consider extending your current work permit
If you are not yet eligible for a BOWP, you may need to explore whether you can extend your existing work permit through another eligible route.
IRCC specifically advises Express Entry candidates who are not yet eligible for a BOWP not to simply let their work permit expire while waiting for an Invitation to Apply.
What Documents Should You Keep?
Keep copies of important immigration documents, including:
- Current work permit.
- Passport.
- PR application confirmation.
- Acknowledgement of receipt.
- Provincial nomination certificate, if applicable.
- Work permit application confirmation.
- IRCC correspondence.
- Employment documents.
- Proof of submission and payment.
Having these documents organized can make it easier to demonstrate your situation when necessary.
What Should You Tell Your Employer?
If you are relying on maintained status and your employer asks why your physical work permit has expired, you may need to provide evidence that you submitted an eligible application before the original permit expired.
IRCC provides guidance on documents that workers can use to demonstrate continued authorization to work while an extension application is being processed.
The exact evidence depends on how you applied and your circumstances.
Common Mistakes to Avoid
Workers waiting for PR should avoid several common mistakes.
Assuming a PR application extends a work permit
It does not automatically do so.
Waiting until after the expiry date
Applying late can result in loss of status and the need for restoration.
Travelling without understanding the consequences
Leaving Canada while relying on maintained status can affect your ability to work when you return.
Changing employers without authorization
If you have an employer-specific work permit, maintained status generally allows you to continue under the same conditions. It does not automatically give you permission to start working for another employer.
Assuming every PR applicant qualifies for a BOWP
Eligibility depends on the permanent residence program and the applicant’s circumstances.
What If Your PR Application Is Refused?
A refused PR application can change your situation significantly.
Your work authorization does not automatically continue simply because you previously had a PR application in progress.
If your work permit is also approaching or has passed its expiry date, you should obtain advice about your specific immigration status and available options rather than continuing to work based on an assumption.
Final Thoughts
If your work permit expires while waiting for PR in Canada, the most important thing is to understand your status before the expiry date arrives.
Some workers who apply to extend their work permits before expiry may benefit from maintained status and continue working under the conditions of their original permit. Some eligible permanent residence applicants may qualify for a Bridging Open Work Permit.
But these protections are not automatic.
Your PR program, application stage, current work permit, timing of your applications, and travel history can all matter.
If your work permit is approaching its expiry date, start reviewing your options early rather than waiting until the final days.
Need Help With Your Canadian Immigration Plans?
Worldbridge Immigration helps individuals and families understand Canadian immigration pathways, prepare supporting documents, and navigate different stages of the immigration process.
If you are working in Canada while waiting for permanent residence and your work permit is approaching its expiry date, getting advice based on your specific circumstances can help you understand the options available to you.
