Immigration Corner | Can I work on an expired work permit?

Dear Miss Powell,

I applied to renew my work permit and the letter says that I can continue working until the end of March, or until a decision is made on my application, whichever is first. I am still awaiting a final decision, but I’m worried that I may need to stop working, since we are almost at the end of March. Can I continue working? What if my employer asks for proof? What can I give him? I look forward to your response.

HH

Dear HH,

Immigration, Refugee and Citizenship Canada (IRCC) has been dealing with major delays and a backlog, and so they have issued letters to some applicants that authorise them to remain in Canada and to continue working with their current employer, pending the final decision in their case.

Several work permit applicants have been provided with a similar letter, with the expectation that the application would be finalised within 120 days after the date of the letter. However, because of the pandemic, and now the humanitarian crisis, many applications have been further delayed.

MAINTAINED STATUS

Under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), a temporary resident is authorised to remain in Canada and continue to work without a new work permit, if an application was submitted for renewal before it expired (with a few exceptions). Such an individual will be deemed to have implied status or have maintained your status in Canada.

You will therefore be authorised to continue working for your existing employer, under the same conditions of your previous work permit, until a final decision is made. So, if there were restrictions to the previous work permit about the types of jobs you can do, or a specific employer, the same restrictions would apply while you await the final decision of your application.

If you had an open work permit, but your occupation was restricted, then you may change employers, but not occupation.

CONFIRMATION FOR EMPLOYER

Most Canadian employers are aware of this policy. They understand that the validity date of the letter in no way overrides the authority of the IRPA and regulations that authorise a foreign national who meets the requirements, to continue working until a final decision is made on their work permit renewal application, or until the foreign national leaves Canada.

However, if you require a formal confirmation, you may submit a request to the IRCC via the online Webform for a confirmation of approved status. If you qualify, you can expect a letter confirming your authorisation to work. You can attach the response to your expired work permit, and the letter previously sent to you, as proof of your continued authorisation to work in Canada with an expired work permit.

You should note that once you have a final decision, you can either expect that your work permit will be renewed, and a new permit sent, or you will receive a letter indicating that your permit has been denied and you must leave the country.

If you have additional questions or would like more information about how to apply for permanent residence, you may book a consultation with a Canadian immigration lawyer.

Deidre S. Powell is a lawyer, mediator and notary public with office in Ottawa, Ontario. Submit your questions and comments via www.deidrepowell.com or call 613-695-8777. You can also find her on Facebook, Instagram, and Twitter.