My work permit expires soon can I keep working?
Short answer
In Canada, a person who filed an application to extend their work permit BEFORE the expiry date may remain in the country and keep working until a decision is made, as long as they continue to comply with all the conditions of their permit other than the expiry date (s. 186(u) of the Immigration and Refugee Protection Regulations).
In detail
Section 186 of the Regulations lists the situations in which a foreign national may work without a permit. Paragraph (u) applies specifically to a person who has applied for a renewal (s. 201(1) of the Regulations), who has remained in Canada after their permit expired, and who continues to comply with the conditions set out on the permit “other than the expiry date”, until a decision is made.
Three elements stand out in the text. First, the application must have been made before expiry: an application filed after expiry is not a renewal application within the meaning of section 201, and paragraph (u) does not apply to it. Second, the person must have remained in Canada. Third, they must continue to comply with the conditions of the permit — employer, position and work location, where those appear on it.
This is what is commonly called “maintained status” (formerly “implied status”). It is not a decision an officer sends you: it is the automatic effect of the Regulations once the conditions are met. Nothing confirms it in writing, which is why employers often ask for proof.
What to document
The date and time you filed the extension application, the confirmation number or acknowledgment of receipt, a complete copy of the application you sent, a copy of the permit that is expiring, and your pay stubs for the waiting period. If an employer asks questions, these dated documents show that the application really was filed before expiry.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
Related questions
- What is maintained status or implied status in Canada?
- Can I change employers while my extension is being processed?
- Can I leave Canada while my extension application is being processed?
- My permit expired and I did nothing what can I do?
- How long do I have to apply to restore my status?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.