Time's Running Out: What to Do When Your Canadian Work Permit is About to Expire

Oct 16, 2024

Anyone facing the possible end of their immigration status in Canada can benefit from understanding their legal options. Whether you obtained your work permit through temporary public policies, such as those introduced for individuals affected by the 2023 earthquakes in Syria and Türkiye, the special measures for Iranian nationals, or through the Post-Graduate Work Permit (PGWP) program, your status in Canada may not last long. Many of these permits are set to expire by 2025 or 2026, and some might already be expiring this year.


The immigration landscape is quite complex right now. Politically, there is uncertainty, and many individuals are finding it difficult to receive Invitations to Apply (ITAs) under Express Entry. Provincial Nominee Programs (PNPs) are filling up quickly, and it is becoming increasingly difficult for foreign nationals to persuade employers to go through the process of obtaining a Labour Market Impact Assessment (LMIA), especially with stricter measures on low-wage LMIA applications.


Moreover, the Comprehensive Ranking System (CRS) score necessary to receive an ITA through Express Entry has been consistently over 500 points throughout 2024, making it more difficult for many to qualify. Since April 2024, IRCC has not conducted any Federal Skilled Worker (FSW) draws, and draws for other streams like the Canadian Experience Class (CEC) have been far less frequent than before, adding even more uncertainty for temporary workers hoping to transition to permanent residency​.


In this article, we aim to provide practical guidance to temporary residents—whether they are workers, visitors, or international students—who are at risk of losing their legal status in Canada. We will outline your options to extend your stay temporarily, secure a pathway to permanent residence (PR), or explore other legal alternatives to maintain your legal status.


Assess Your Options: What Can You Do Before Your Status Expires?


Work Permit Extensions


If your work permit is expiring, you may be eligible for an extension through various channels:


  • Labour Market Impact Assessment (LMIA): If your current employer is willing to support you, they may be able to apply for an LMIA to prove that hiring a foreign worker won’t negatively impact the Canadian labor market.


  • LMIA-Exempt Work Permits: If you qualify, you may apply for a permit under LMIA-exempt categories, such as Francophone Mobility, or other programs under the International Mobility Program (IMP).


  • Temporary Public Policies: There may be specific temporary public policies that you can take advantage of depending on your nationality or unique circumstances. For example, Iranian citizens affected by unrest can benefit from the Special Measures for Iranian Nationals policy, offering options for work permit extensions and other immigration pathways​.


Switching to Visitor Record


If you are not eligible for a work permit extension or other temporary resident pathways, switching to a Visitor Record may be a mandatory option. This will allow you to stay in Canada legally, but you will lose the right to work. While transitioning to visitor status might buy you more time to explore your options, it’s important to remember that you will lose access to key benefits like the ability to work and potentially healthcare coverage.


Business Immigration Pathways


If you currently hold an open work permit and are considering becoming an entrepreneur, there are several business immigration streams that could offer you the opportunity to stay and establish your business in Canada. These pathways not only help you build a business but can also lead to permanent residency:


  • Federal Self-Employed Program: This stream is for individuals with relevant experience in cultural or athletic activities who intend to contribute to Canada's economy as self-employed individuals. It offers an opportunity to obtain a closed work permit, which can increase your CRS score significantly after the addition of arranged employment points.


  • Provincial Entrepreneur Pathways: Many provinces in Canada offer specific immigration streams under their Provincial Nominee Programs (PNPs) for entrepreneurs, such as New Brunswick's Business Immigration program. These programs allow you to start or manage a business in the province and, in many cases, provide a direct route to permanent residency through provincial nomination.


These business immigration pathways can provide permanent residency directly (in the case of certain PNPs) or offer a closed work permit, allowing you to stay and manage your business in Canada. The closed work permit can significantly strengthen your Express Entry profile by adding arranged employment points, eventually improving your chances of receiving an Invitation to Apply (ITA).


Pathways to Permanent Residency (PR)


If your goal is to remain in Canada permanently, exploring permanent residency pathways is essential before your temporary status expires. Here are some PR options:


  • Express Entry: The Express Entry system remains a popular pathway for many. However, with the CRS scores consistently above 500 and limited draws, especially for Federal Skilled Workers (FSW) and Canadian Experience Class (CEC), it is increasingly difficult to secure an ITA. However, if you are eligible for category-based draws, it may be an option to fast-track your permanent residency if you have work experience in certain priority categories such as healthcare, STEM, or trades. These category-based draws can help you secure an Invitation to Apply (ITA) with a lower CRS score requirement, speeding up your path to PR and easing your immigration-related anxiety, just like our French-speaking client, for whom we recently shared a success story.

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  • Provincial Nominee Program (PNP): Each province has its own streams under PNP that may cater to individuals in specific industries or with certain qualifications. If you meet the criteria, a provincial nomination can give you an edge in the Express Entry pool by adding 600 points to your CRS score or it can provide you an opportunity to submit a non-express entry permanent residency application.


  • Humanitarian and Compassionate (H&C) Grounds: If you face exceptional circumstances, you may apply for PR on humanitarian and compassionate grounds. These applications are designed for individuals who may not meet the criteria for other streams but have compelling reasons to remain in Canada.


Restoration of Status: If Your Permit Has Already Expired


If your work permit or any other temporary resident status has expired, you may still be eligible to apply for a restoration of status, provided that your status expired less than 90 days ago. Restoration allows you to regain your temporary resident status and continue your stay in Canada under specific conditions.


Eligibility for Restoration of Status


You can apply for restoration if you meet the following conditions:

  • Your status expired less than 90 days ago.

  • You have not worked or studied in Canada without authorization during the period of your illegal stay.

  • You are applying for the same type of permit as the one that expired, such as a work or study permit, or you are requesting a switch to visitor status.

  • You are not inadmissible to Canada for reasons like criminality, health, or security concerns.


It is essential to apply for restoration as soon as possible within the 90-day window to avoid complications. The restoration application must include a request to extend or change your status (such as a work permit extension or switching to visitor status), and you will need to pay a restoration fee in addition to the regular application fees. If your application for restoration is approved, your status will be restored as if it had never expired.


Consequences of Missing the 90-Day Restoration Window


If more than 90 days have passed since your status expired, restoration is no longer an option. At that point, you will need to explore other, more complex options, such as applying for a Temporary Resident Permit (TRP), which allows individuals with compelling reasons to stay in Canada temporarily despite being inadmissible or without valid status. However, this is a highly discretionary process and not guaranteed.


Failure to restore your status or apply for a TRP can result in significant consequences, such as the inability to apply for future visas or permits, and you may be subject to enforcement actions, including removal from Canada. It is crucial to act promptly to avoid these outcomes.


Understanding the Consequences of Becoming Out-of-Status


There are serious consequences to becoming out-of-status in Canada. Once your permit expires, your Social Insurance Number (SIN) becomes invalid, meaning you can no longer work legally or access benefits like healthcare. Additionally, provincial healthcare coverage and your driver's license are often tied to the validity of your status, so losing status could impact these services as well.


Remaining in Canada without status can further complicate your situation. If you are found to have overstayed or worked without authorization, it becomes much harder to secure future visas or permits. Moreover, Canada shares immigration information with countries such as the U.S., the U.K., Australia, and New Zealand. This means violations of Canadian immigration laws could affect your ability to travel to or obtain visas from other countries.


The importance of maintaining your legal status cannot be overstated. If you lose your status, your options narrow significantly. While there are avenues for restoration and temporary resident permits, these are not guaranteed, and acting quickly before your status expires is crucial. This article will also explore the options available if you have already fallen out of status and how you can restore your legal standing in Canada.


Plan for the Future: Act Before It’s Too Late


Whether your work permit is expiring soon or has already expired, understanding your legal options is essential. From extending your work permit to exploring pathways to permanent residency, there are several routes available depending on your specific situation. However, the key is to act swiftly and not wait until your permit has nearly expired or worse, already expired.


Planning in advance is crucial, as immigration applications can be complex and often require gathering extensive documentation and meeting various eligibility requirements. It's important to contact an immigration lawyer months in advance to start building a tailored strategy for your immigration journey. By working with your lawyer early, you can assess your situation thoroughly, whether it involves transitioning from a temporary permit to a more permanent solution, such as a Provincial Nominee Program (PNP) or Express Entry, or considering alternative options like business immigration pathways.


Your lawyer can also help you avoid critical mistakes, such as falling out of status or missing important deadlines. Acting months in advance gives you and your lawyer ample time to evaluate your eligibility, gather the necessary documents, and submit your application in a timely manner, increasing the chances of success. A proactive approach ensures that you don't miss opportunities, and your lawyer can adapt your plan as needed based on any changes in immigration policies.


Remember, the earlier you start preparing, the better positioned you’ll be to navigate Canada’s immigration system and secure your future here.


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About the Author


I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 


At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.


Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.


Visit us at www.blacksyimmigration.com to learn more or to start your journey.