by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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Can Your Employee Keep Working After A Canadian Work Permit Expires?
A maintained status employer guide can help Canadian HR teams answer a deceptively difficult question: may an employee lawfully remain on payroll after the expiry date printed on a work permit? In some cases, the answer is yes. The result depends on what the worker applied for, when the application was submitted, whether the worker remained in Canada, and whether the original employment conditions continue to be respected.
Mistakes can interrupt operations or expose an employer to compliance concerns. Employers should verify the worker’s authorization without attempting to decide the immigration application themselves.
What Maintained Status Means For A Canadian Employer
If a worker applies to extend or change a work permit before the existing permit expires, the worker may remain in Canada while Immigration, Refugees and Citizenship Canada, or IRCC, processes the application. IRCC explains that a worker may also continue working when the legal requirements are met.
For an employer-specific permit, the employee normally must continue with the same employer, job and work location while relying on maintained status. A pending application does not automatically authorize the employee to begin a different position or work for a new company.
Review IRCC’s official guidance on what happens when a work permit expires.
What HR Should Request Before Continuing Employment
- A copy of the expired or expiring work permit
- Proof that IRCC received the extension or change application before expiry
- The IRCC authorization letter available through the worker’s online account, where issued
- A copy of the application sufficient to confirm the requested permit type and employment conditions
- Confirmation that the employee has remained in Canada
HR should record the review date, the documents examined and any follow-up deadline. Immigration documents contain sensitive information, so access and retention should follow the company’s privacy and document-management policies.
Can An Employee Work With An Expired SIN?
IRCC states that an eligible worker who applied to extend a work permit before expiry may continue working under the same conditions even if the Social Insurance Number has expired. Employers should not treat an expired SIN as the only indicator of whether work authorization continues. The immigration history and extension filing must be reviewed together.
See IRCC’s answer concerning maintained status and an expired SIN.
When The Employee Must Stop Working
Work may need to stop if the application was filed after permit expiry, the employee left Canada and no longer benefits from the same authorization, IRCC refused the pending application, or the proposed work falls outside the original permit conditions. Restoration of status does not ordinarily authorize work while the restoration request is being processed.
Employers facing a missed deadline can review our information on restoring lost status in Canada.
Build A Repeatable Maintained Status Employer Guide & Process
A reliable process starts well before expiry. Use automated reminders, assign responsibility to a specific HR or mobility lead, and obtain legal advice when a role, location or employing entity is changing. Our corporate Canadian immigration services help employers coordinate work authorization and compliance across the employee lifecycle.
At Zohil-Morton Law, we provide trusted legal advice to help you navigate complex Canadian immigration processes.
Still have questions? Book a consultation today with Cristina Zohil-Morton and the team at Zohil-Morton Law.
Stay Informed
To stay updated on Canadian immigration news, policy changes, and legal updates, follow us on social media:
We’re here to keep you informed and empowered on your Canadian immigration journey.
This article is for informational purposes only and does not constitute legal advice. Please consult a licensed immigration professional regarding your specific situation.
Frequently Asked Questions
Can An Employee Keep Working After A Work Permit Expires?
Potentially. If the employee applied before expiry, remained in Canada and continues under the permitted conditions, maintained status may authorize continued work until IRCC decides the application.
Does Applying For Restoration Allow A Worker To Keep Working?
Generally, no. A person applying to restore worker status usually must stop working until a new work permit is issued.
Does The IRCC Letter Expiry Date Always End Maintained Status?
IRCC states that an eligible worker may continue working past the date printed on the automatically generated letter until a decision is made, provided the worker continues under the same conditions.
Can A Worker On Maintained Status Change Employers?
Not merely because an application is pending. A worker must have legal authorization for the new employer before starting the new employment.
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