Stay in Canada After Expires Work Permit

How Long Can I Stay in Canada After My Work Permit Expires?

If your work permit is approaching its expiration, it’s important to act quickly to assess your options for staying in Canada. The current immigration landscape might require exploring different pathways if you were relying on Express Entry, as recent draws may not be available for all streams. Here’s a detailed guide to help you manage your status and understand your options after your work permit expires.

Immediate Steps:

1. Check Your Passport Validity: Your status cannot be extended beyond your passport’s expiration date. Ensure your passport and those of any accompanying family members are valid for the period you need to stay.
2. Verify Document Validity:

• Check the expiration dates of your language test results,
• Education Credential Assessments (ECAs),
• police certificates, and medical exams.
• These documents may need updating if you plan to submit an Express Entry application or other immigration applications.

3. Consider Other Immigration Programs: If you speak French fluently and plan to work outside Quebec, consider the Francophone Mobility Program. Additionally, Provincial Nominee Programs (PNPs) could be an option depending on your qualifications.
4. Bridging Open Work Permit: If you have submitted an application for permanent residency and have received an Acknowledgement of Receipt (AoR), you may be eligible for a bridging open work permit to continue working while your application is processed.

Work Permit Types: Open vs Employer-Specific

There are two primary types of work permits: open work permits and employer-specific work permits.

Open Work Permits allow you to work for any employer, anywhere in Canada. However, they generally cannot be extended (with exceptions, such as if your passport’s validity period limited the initial permit).

Employer-Specific Work Permits require a job offer from a specific employer and are divided into two categories: those under the International Mobility Program (IMP) and those under the Temporary Foreign Worker Program (TFWP). Here’s an outline of the difference:

International Mobility Program (IMP) – LMIA Not Required

The International Mobility Program (IMP) allows employers to hire foreign nationals without requiring a Labour Market Impact Assessment (LMIA). Key categories include:

• Francophone Mobility: For skilled workers who are French-speaking.
• CUSMA (formerly NAFTA): Covers professionals and intra-company transfers between Canada, the U.S., and Mexico.
• Other Free Trade Agreements: Includes agreements such as Canada-Chile, Canada-Peru, Canada-Colombia, Canada-Korea, and Canada-Panama.
• CETA (Canada-European Union Comprehensive Economic and Trade Agreement): For certain EU nationals.
• CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership): Relevant for workers from CPTPP member countries.
• CUKTCA (Agreement on Trade Continuity between Canada and the UK and Northern Ireland): A special trade agreement for UK nationals.
• GATS (General Agreement on Trade in Services): Covers workers in service sectors.

Specific programs under the IMP may also be available for certain industries or occupations as regulated by sections 204 and 205 of the Immigration and Refugee Protection Regulations (IRPR).

Temporary Foreign Worker Program (TFWP) – LMIA Required

The Temporary Foreign Worker Program (TFWP) requires an LMIA and includes:

• High-Wage Stream: For employers hiring temporary foreign workers with wages above the median.
• Low-Wage Stream: For workers earning below the median wage.
• Primary Agriculture: Includes various streams like seasonal agricultural workers and agricultural workers in high- and low-wage positions.
• Dual Intent: Employers can use LMIAs to support Express Entry applications.
• Academics: Specialized LMIA streams for academic roles.
• Global Talent Stream: For hiring workers with skills in high-demand sectors.
• In-Home Caregivers: Includes caregivers for children or individuals with high medical needs.

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Employer-Specific Work Permits: IMP and TFWP

1. IMP: These permits generally do not require an LMIA. Examples include programs under international agreements such as CUSMA or programs like the Francophone Mobility program. Employers in the IMP are required to submit an Offer of Employment through the Employer Portal.
2. TFWP: These permits require a Labour Market Impact Assessment (LMIA), where the employer must prove no Canadian worker is available for the position. The LMIA process can take months, and approval is not guaranteed.

Maintaining Status in Canada

If your work permit is about to expire, you must act to maintain your legal status in Canada. You may:

• Apply for a restoration of status within 90 days after your permit expires.
• Switch to visitor status, but this may limit future work or study permit applications from within Canada.
• Return to your home country and reapply for a new permit if none of the options work for your situation.