One of the most common concerns for temporary foreign workers in Canada is what happens when a work permit is about to expire.

A frequent question is:

“Do I have to stop working as soon as my current work permit expires?”

Not necessarily.

If you submitted an eligible application to extend or change the conditions of your work permit before your current work permit expired, you may be allowed to remain in Canada legally and continue working while Immigration, Refugees and Citizenship Canada, or IRCC, processes your application.

This is commonly known as Maintained Status.

What Is Maintained Status in Canada?

Maintained Status allows certain temporary residents who apply to extend or change their status before their current status expires to legally remain in Canada until IRCC makes a decision on the application.

For work permit holders, this may also include authorization to continue working.

If you applied to extend or change your work permit before it expired, you may generally:

• remain legally in Canada while the application is being processed
• continue working if you meet the applicable requirements
• continue working under the conditions of your previous work permit

If you held an employer-specific work permit, you generally need to continue working under the conditions of the original permit.

If you held an open work permit, you may generally continue working according to the conditions of that permit.

Important: Not Every Extension Application Allows You to Keep Working

Having Maintained Status does not automatically mean that you can continue working.

For example, if you held a work permit and applied to change your status to a visitor or obtain a study permit, you may remain legally in Canada after your work permit expires, but you generally must stop working once the original work permit expires.

The type of application submitted before expiry is therefore extremely important.

Can You Work if Your SIN Has Expired?

Temporary residents usually have a Social Insurance Number beginning with the number 9, and the SIN expiry date normally corresponds with the expiry date of their immigration document.

However, if you applied to extend your work permit before it expired and continue to have authorization to work under Maintained Status, you may continue working even if your SIN has expired.

Once your new work permit is approved, you can update the expiry date of your SIN with Service Canada.

An expired SIN by itself does not necessarily mean that you must stop working if you remain legally authorized to work.

What if Your Employer Asks for Proof?

Some employers may not be familiar with Maintained Status and may ask for documentation confirming that you are still authorized to work.

Useful documents may include:

• a copy of your previous work permit
• confirmation that your work permit extension application was submitted before expiry
• your IRCC online submission confirmation
• proof of payment of the application fees
• a work permit extension authorization letter, where applicable
• official IRCC guidance explaining Maintained Status

Travelling Outside Canada While on Maintained Status

Travelling outside Canada while relying on Maintained Status should be approached carefully.

If you leave Canada while your work permit extension is still being processed, you may be able to return if you have the appropriate travel document, but you may lose the ability to continue working under Maintained Status until the new work permit is approved.

Before travelling, review:

• your current work permit type
• whether your TRV or eTA is valid
• whether you will be eligible to re-enter Canada
• whether leaving Canada will affect your authorization to continue working

What if You Apply After Your Work Permit Has Already Expired?

If your work permit expires before you submit the extension application, you generally do not benefit from Maintained Status.

In some cases, you may be eligible to apply for restoration of status.

However, a person applying for restoration usually cannot continue working while waiting for restoration and a new work permit to be approved.

For this reason, it is important to submit an eligible work permit extension application before the current permit expires.

FAQ

1. My work permit expired, but I applied for an extension before it expired. Can I keep working?

If you submitted an eligible work permit extension or change-of-conditions application before your current work permit expired, and the application allows continued work authorization, you may generally continue working under the conditions of your previous work permit until IRCC makes a decision.

However, if you applied to change your status to a visitor or student, you generally must stop working once your original work permit expires. ircc.canada.ca

Q2. My SIN expired while I am on Maintained Status. Can I still work?

Yes, potentially. An expired SIN does not automatically mean that you have lost your authorization to work.

If you applied to extend your work permit before it expired and remain authorized to work under Maintained Status, you may continue working while IRCC processes your application. Your employer may ask for supporting documents such as your previous work permit and proof that the extension application was submitted on time. ircc.canada.ca

Q3. Can I travel outside Canada while on Maintained Status?

You should be very cautious. Leaving Canada while relying on Maintained Status may affect your ability to continue working after you return.

Even if you are allowed to re-enter Canada with a valid TRV or eTA, you may have to wait until your new work permit is approved before resuming work. Always review your travel document validity and work authorization before leaving Canada.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal or immigration advice. Canadian immigration rules and individual circumstances may change. Always confirm the latest IRCC requirements and obtain professional advice where appropriate.