My work permit is expiring and my PR application is still under process – what are my options?

Perhaps one the biggest mistakes Permanent Residency applicants make is assuming having an application in process confers status. It does not. You are required to maintain legal status inside Canada if you are present in Canada and waiting on a decision of your PR application. For economic pathways like Express Entry and Provincial Nominees, this typically means an extension of a work permit.

What are my options?

If you are inside Canada working with a soon to be expiring work permit before your PR application has been processed, you have a few options:

1. Bridging Open Work Permit

   If you’ve applied for Express Entry (FSW, CEC, or FST) and received an Acknowledgement of Receipt (AOR) you may be eligible to apply for a BOWP. Other criteria include living in Canada and the time of this application; have a valid work permit or be on implied status; and be the principal applicant of the Application.

   Note that having an Express Entry profile in the pool does not allow you to apply for a BOWP. It is only after you’ve submitted your application and passed the R10 completeness check.

2. LMIA Exempted Work Permit under C18 (Atlantic Immigration Program)

   If you have been endorsed under the Atlantic Immigration Program, you may be eligible to apply for a work permit exempted from a Labour Market Impact Assessment.

   Sections 204 of the Immigration and Refugee Protection Regulations provide the regulatory authority to issue a work permit to a worker who does not require a labour market impact assessment as per subparagraphs 200(1)(c)(i) to (ii.1). The Atlantic Immigration Program falls under R204(c) Canada-provincial/territorial exemption codes C18.

   The employer must complete an Offer of Employment through the Employer Compliance Portal, pay the $230 compliance fee, and give the worker their Offer of Employment number. This number is then included in the work permit application submitted to IRCC among other documents.

3. LMIA Exempted Work Permit under T13 (Provincial Nominee Program)

   A person may be issued a work permit without requiring an LMIA, if they have a valid nomination from a province (other than Quebec) for permanent residence and a job offer from an employer based in that province. Work permit applications that include a valid nomination from a province or territory are processed under paragraph 204(c) of the Immigration and Refugee Protection Regulations using the administrative LMIA exemption code T13.

   Similar to C18, the employer must complete an Offer of Employment through the Employer Compliance Portal, pay the $230 compliance fee, and give the worker their Offer of Employment number. This number is then included in the work permit application submitted to IRCC among other documents.

What is maintained status?

All temporary residents (i.e. work permit holder, study permit holder, or visitor) have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay. This is note on their status document under ‘Conditions’.

However, as per section R181 of the IRPR, a temporary resident may apply to extend their period of authorized stay before it ends, giving them maintained status. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Maintained status is considered legal status as a temporary resident during the processing period so long as the Applicant remains inside Canada.

If you have questions about your eligibility under the above noted work permits, reach out and book a consultation today.