If your Canadian work permit has expired, you may be worried about whether you can stay in Canada, continue working or apply for another permit. The good news is that some temporary residents may be eligible to restore their status, depending on their circumstances.

However, an expired work permit requires immediate attention. You generally must stop working when your authorization ends, and submitting a restoration application does not automatically allow you to resume employment.

In this guide, we explain what happens when a work permit expires, how the 90-day restoration period works, which options may be available and what steps you should consider taking next.

What Happens When Your Work Permit Expires?

Your work permit authorizes you to work in Canada under the conditions specified in the document. When your permit and temporary resident status expire, you generally lose your authorization to work and must address your immigration status.

According to IRCC’s official restoration guidance, a worker who has lost status must stop working. You cannot continue working simply because you intend to apply for a new work permit.

The appropriate next step depends on whether you applied before your permit expired, how long ago your status expired and whether you qualify for another immigration option.

What Is Restoration of Status in Canada?

Restoration of status is a process that may allow eligible temporary residents who have lost their status to apply to regain it. Depending on the circumstances, a former worker may be able to apply to restore their status and request a new work permit.

Restoration is not automatic. IRCC reviews the application and determines whether the applicant meets the applicable requirements.

Applicants should also understand the difference between restoring temporary resident status and obtaining authorization to work. Approval of one does not necessarily mean that every requested permit or condition will be approved.

What Is the 90-Day Restoration Rule?

In most ordinary cases, an eligible temporary resident must apply to restore their status within 90 days of losing it.

IRCC requires the application to be received within the applicable deadline. For online applications, the submission deadline is based on Coordinated Universal Time (UTC), so applicants should not wait until the last moment.

Before applying, review the official IRCC instructions for restoring status and obtaining a work permit.

Can You Apply After 90 Days?

For most applicants, the ordinary restoration period is 90 days. If more than 90 days have passed, you should not assume that you can use the standard restoration process. You may need to leave Canada or explore whether a specific exception applies to your circumstances.

Some narrowly defined public policies or exemptions may have different rules. Obtain qualified advice before relying on an exception.

Can You Continue Working While Your Restoration Application Is Processing?

No. In the usual case, you must stop working after your work permit expires if you did not submit an eligible extension application before expiry.

Applying to restore your status and requesting a new work permit does not, by itself, give you permission to work while IRCC processes your application.

You must wait until you receive the necessary authorization before resuming employment. Working without authorization can have consequences for future immigration applications.

Read IRCC’s guidance on the consequences of unauthorized work before deciding what to do.

What If You Applied Before Your Work Permit Expired?

Your situation may be different if you submitted an eligible application to extend or change your work permit before the original permit expired.

In qualifying cases, you may benefit from maintained status. This can allow you to remain in Canada while IRCC processes your application. If you applied to extend your work permit and meet the applicable conditions, you may also be authorized to continue working under the conditions of your previous permit.

For example, if you hold an employer-specific work permit, you generally must continue working for the same employer, in the same job and at the same work location while relying on that authorization.

Maintained status is different from restoration of status. It is important to establish which situation applies to you before continuing to work.

See the IRCC instructions for an expired or expiring work permit for more information.

What Options May Be Available After Your Work Permit Expires?

Your options depend on your immigration history, eligibility and the circumstances surrounding your expired permit. Common possibilities include the following.

1. Restore Your Status and Apply for a Work Permit

If you are within the applicable restoration period and meet the requirements, you may be able to apply to restore your status as a worker and request a new work permit.

You must qualify for the work permit you are requesting. For example, an employer-specific permit may require an eligible job offer and, where applicable, a positive Labour Market Impact Assessment (LMIA) or an applicable LMIA exemption.

An employer’s willingness to support an application does not guarantee that IRCC will approve it.

2. Apply for Another Eligible Work Permit

Some people may qualify for a different work permit category based on their circumstances. Eligibility could depend on a qualifying job offer, an LMIA or exemption, a family relationship or another applicable immigration provision.

You should confirm that you meet the requirements of the specific work permit before submitting an application. A new application does not automatically restore status or authorize work.

3. Explore Visitor Status

If you are not eligible for a new work permit but want to explore remaining in Canada temporarily, visitor status may be an option in some circumstances.

However, if your status has already expired, you must determine whether you can apply for restoration as a visitor and meet the relevant requirements. Visitor status does not authorize you to work in Canada.

4. Consider Whether You Qualify for Permanent Residence

Some workers may qualify for a permanent residence program based on their work experience, language ability, education, provincial nomination or other criteria.

However, having a potential permanent residence pathway does not automatically restore temporary resident status or authorize employment. You must address your current status separately and meet the requirements of the relevant program.

What Documents May You Need?

The documents required depend on the application and your circumstances. Applicants may need to prepare:

• A copy of the expired work permit and passport.
• Application forms and supporting documents required by IRCC.
• Evidence explaining the circumstances that led to the loss of status.
• A qualifying job offer, LMIA or evidence of an applicable exemption, if required for the requested work permit.
• Proof of eligibility for the immigration category being requested.
• Payment receipts for the applicable application and restoration fees.

Check the official restoration application instructions for the current forms, fees and document requirements. Do not submit documents that do not apply to your situation.

What Happens If Your Restoration Application Is Refused?

There is no guarantee that IRCC will approve an application to restore status or issue a new work permit.

If your application is refused, you may need to leave Canada. Your next steps will depend on the refusal reasons, your remaining immigration options and any applicable deadlines.

Read the decision carefully and seek advice from an authorized Canadian immigration professional if you are unsure how to proceed. Do not assume that you can continue working while considering another application.

Common Mistakes to Avoid

• Continuing to work without authorization: A pending restoration application does not normally authorize you to work.
• Missing the deadline: Do not assume the 90-day period begins when you decide to apply. Confirm the relevant expiry date and submission deadline.
• Assuming an LMIA guarantees a work permit: An LMIA, where required, is only one part of the work permit process.
• Confusing maintained status with restoration: The rules differ depending on whether you applied before or after your permit expired.
• Submitting an application without checking eligibility: Make sure you qualify for the status and permit you are requesting.
• Relying on unverified advice: Immigration rules can be complex, and individual circumstances can change the available options.

Frequently Asked Questions

Can I stay in Canada after my work permit expires?

If you did not apply before expiry, you may have lost your temporary resident status. Eligible applicants can generally apply for restoration within 90 days, but approval is not guaranteed. Check the official IRCC requirements for your circumstances.

Can I work while waiting for restoration?

Generally, no. If your work permit expired before you submitted an eligible extension application, you must stop working while your restoration and new work permit application are processed. Wait until you have authorization to resume work.

Can I restore my status and apply for a new work permit at the same time?

Eligible former workers can generally request restoration of status and a new work permit through the applicable application process. You must meet the requirements for both, and approval is not guaranteed.

What if my work permit expired more than 90 days ago?

The standard restoration period will generally have passed. You should seek qualified advice to determine whether any specific exception applies or whether you need to leave Canada.

Does an LMIA allow me to work after my permit expires?

No. An LMIA does not itself authorize you to work. You must have the appropriate work authorization before beginning or resuming employment.

Can I apply for permanent residence after my work permit expires?

You may still be eligible for a permanent residence program, depending on the program requirements. However, a permanent residence application or potential eligibility does not automatically restore your temporary status or authorize work.

Final Thoughts

An expired work permit does not mean every immigration option is automatically unavailable, but it is important to act promptly and understand the rules that apply to your situation.

For eligible applicants, restoration of status may be possible within the applicable 90-day period. However, you must stop working if you no longer have authorization, and an application does not guarantee approval.

Review the current IRCC requirements, gather the relevant documents and make sure you understand your eligibility before submitting an application.

Need Help With Your Canadian Immigration Options?

Understanding restoration of status and work permit eligibility can be challenging, especially when deadlines are involved.

Contact Dhunna Immigration to discuss your circumstances and understand which immigration options may be available to you.

Disclaimer: This article provides general information and is not legal advice. Immigration requirements may change, and eligibility depends on individual circumstances. Always refer to official IRCC guidance or consult an authorized Canadian immigration professional for advice about your case.