Work Permit Expiring Soon? How Newcomers Can Stay in Canada Legally

If your work permit is nearing expiry, staying in Canada may take more planning than in previous years. While there is no guaranteed pathway, options do exist.  

Below, we break down the main ways you may be able to remain in Canada legally, whether as a worker, student, visitor, or permanent resident applicant. 

Key Takeaways 

• Not all work permits are eligible for extension, but there are various options available to extend your stay as a worker. 

• You may be able to remain in Canada under maintained status if you apply before your permit expires 

• Submitting an application does not guarantee approval 

• Permanent residence is not a last-minute solution – but it can sometimes help extend your stay 

Become a Permanent Resident of Canada 

If you want to stay in Canada long-term and meet the eligibility requirements, applying for permanent residence (PR) may be an option. 

However, PR processing typically takes several months, meaning it should not be relied on as a last-minute strategy if your work permit is about to expire. That said, if you have already submitted a PR application, you may be eligible for a Bridging Open Work Permit (BOWP) or another type of open work permit that allows you to remain in Canada while your application is processed. More on that below.  

In the context of your work permit expiring, it’s also important to understand when PR status actually begins. You are considered a permanent resident once you receive your electronic Confirmation of Permanent Residence (eCOPR), not when your PR application is approved. There can be a delay of several weeks between approval and eCOPR issuance. If your work permit expires during this period, you must still extend your temporary status to avoid falling out of status. 

If you aren’t able to secure PR status before your work permit expires, here are a few ways you can extend your status in Canada. 

Extend Your Stay as a Worker 

If you are eligible, you may be able to extend your stay in Canada as a worker. How you do this depends on your current work permit type. 

In all cases, an application to extend your stay must be submitted before your current work permit expires. If you apply on time, you may be able to continue working under maintained status while IRCC processes your application. 

IEC Work Permit Holders 

Most International Experience Canada (IEC) work permits are not eligible for extension. To remain in Canada as a worker, you must: 

• Qualify for a new IEC work permit, or 

• Qualify for a different type of work permit 

Post-Graduation Work Permit (PGWP) Holders 

PGWPs generally cannot be extended unless the length of your permit was limited due to specific reasons, such as your passport expiring. If your PGWP is expiring, you must qualify for a new category of work permit to remain in Canada as a worker. 

Spousal Open Work Permit (SOWP) Holders 

You may be able to extend your stay as a worker if you continue to meet the eligibility requirements for a spousal open work permit. 

LMIA-Supported Work Permit Holders 

If you are on an LMIA supported work permit and your job has been extended, you may apply to extend your work permit. 

If you have a new employer, you can apply for a new work permit with that employer. 

In both cases, a new LMIA may be required to support your application. 

LMIA-Exempt Work Permit Holders 

Whether your LMIA exempt work permit can be extended depends on the specific LMIA-exempt category you fall under. 

If your LMIA-exempt work permit cannot be extended, but you have a job offer, you may be able to apply for an LMIA-supported work permit, provided your employer obtains an LMIA. 

Common LMIA-exempt work permit categories include: 

C10 – Significant Benefit: For workers whose presence in Canada provides significant economic, social, or cultural benefits, including some entrepreneurs and specialized professionals. 

C16 – Francophone Mobility: For applicants who are able to demonstrate at least CLB level 5 in French and have a job offer. This option could be a game changer for those currently learning French for Express Entry and who can hit those CLB 5 requirements! 

C20 – Reciprocal Employment:  For work arrangements that provide reciprocal benefits to Canadians, including some international exchange agreements outside IEC. 

International Agreements: Canada has several international agreements that permit citizens of participating countries to work in Canada in specific occupations, often without the need for an LMIA. Examples include agreements such as CUSMA, CPTPP and GATS. 

Extending Your Stay as a Student 

In some situations, a worker may be able to extend their stay in Canada by applying for a study permit. This generally requires: 

• Valid temporary status at the time of application 

• A letter of acceptance from a designated learning institution 

• A Provincial Attestation Letter (PAL), if required 

If your work permit expires while your study permit application is being processed, you must stop working once the work permit expires. Maintained status as a student does not allow you to continue working. Employment can only resume once the study permit is approved, and only within student work limits. 

Extending Your Stay as a Visitor 

If you are not eligible to extend your stay as a worker or student, you may apply to extend your stay as a visitor. 

Once your work permit expires, you must stop working. Maintained status as a visitor does not permit employment of any kind. 

What If You Have Already Applied for Permanent Residence? 

In many cases, an active PR application can make you eligible for an open work permit, allowing you to remain in Canada while your application is processed. This may include: 

• Bridging Open Work Permits (BOWP) 

• Those nominated by a province, and  

• The Rural, Francophone and Atlantic immigration pathways 

Eligibility depends on the PR program you applied under and your current application status. 

What Happens If You Do Not Extend Your Stay or Leave Canada? 

If you remain in Canada without valid status, you may be considered out of status and non-compliant with immigration laws. This can negatively affect future immigration applications, including work permits, study permits, and permanent residence. 

In some cases, you may be eligible to restore your status, but restoration is time-limited to 90 days, more expensive, and not a guarantee. Importantly, there is no maintained status during restoration. This means you cannot work or study while your restoration application is being processed. 

If your work permit is approaching its expiry date, it’s completely normal to feel stressed, especially in today’s immigration landscape. While this can be an uncertain time, having a plan in place can go a long way in easing that pressure. Reviewing your options early puts you in the best possible position and gives you more control over what happens next. 

It’s also important not to rely on a single pathway. Immigration outcomes aren’t guaranteed, and policies can change. Where possible, consider multiple ways to extend your stay, whether as a worker, student, visitor, or permanent residence applicant. Building flexibility into your plan and having backup options can help you stay compliant and avoid last-minute decisions and stress as your work permit expires. 

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