Extensions & Restorations
It is important that Canadian employers keep track of their employees’ Work Permit expiration dates and immigration status. Depending on the program the employee was hired under, there are different timelines to work with.
Workers under the TFWP will most likely require another LMIA before they are approved for a new Work Permit. Because of the lengthy preparation and processing time, we recommend that the employer begins the LMIA process six months before the expiration of the current Work Permit. Workers under the IMP may be able to apply directly for their Work Permit extension directly to IRCC and should do so at least a month prior to the expiration of the Work Permit. The employer will need to submit a new Offer of Employment before the worker can extend their Work Permit.
If the worker has applied for a new work permit and is still waiting for a decision after the expiration date of the Work Permit has passed, the employee may continue working under implied status. If the Work Permit has expired and no application for renewal has been applied for, then the worker must immediately stop working. The worker must apply for Restoration of Status and a Work Permit within 90 days. The employer may not re-hire the worker until the new Work Permit has been issued or proof of Canadian permanent residence is provided.
If the worker has applied for Canadian Permanent Residency but is still awaiting a decision from IRCC, then he or she may be eligible for a Bridging Open Work Permit (BOWP). The BOWP allows the holder to work for any employer without the requirement for either an LMIA or an Offer of Employment.