Overview
Understand the pathway before you act.
Eligibility, timing, evidence and risk should be assessed together before an application or response is prepared.
Work authorization depends on the permit type, its conditions, the timing and completeness of any extension, and whether the worker is changing an employer, job, occupation or location. Status and authorization to work should be assessed separately.
Extensions and maintained status
IRCC recommends applying at least 30 days before expiry. A worker who submits an eligible extension before expiry may remain in Canada while it is decided. Continued work generally remains limited to the conditions of the existing permit. An employer-specific permit normally restricts the worker to the same employer, job and location during that period.
Employer or job changes
A worker with an employer-specific permit generally needs a new work permit to change employers or jobs. The new employer may first need an LMIA or an LMIA-exempt offer and compliance submission. After applying, an eligible worker may request separate IRCC authorization to begin the new employment before the new permit is issued. Do not start the new job merely because the application was filed.
Restoration of worker status
If the permit and status expire before an eligible application is submitted, the person must stop working. Restoration may be requested within 90 days when the requirements are met, but approval is discretionary. The person normally cannot work until status is restored and a new work permit is issued unless a specific current public policy or authorization applies.
A refused extension can end maintained status and create immediate work and departure consequences. Confirm the refusal date, application history and any available remedy before continuing employment or submitting another application.
How Beyond Borders Law can help
- Confirm expiry, maintained-status and work-authorization consequences.
- Coordinate the worker, employer, LMIA or Employer Portal requirements.
- Prepare accepted extensions, employer-change requests or restoration applications.
- Review a refused extension and the choice between a new application, reconsideration and judicial review.
Gather current and previous permits, passport, extension receipt and filed application, refusal or correspondence, employment contract and recent pay records, LMIA or offer number, employer details, and a complete work, status and travel timeline.
Official information: IRCC work-permit extension guidance, employer-change guidance and worker restoration guidance.
This guide provides general information. An inquiry does not create a lawyer-client relationship. Advice and representation begin only after the firm confirms scope and a retainer is completed.