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Can I Stay in Canada with an Expired Work Permit?

September 25, 2020BY Dale Carroll

So, “Can I stay in Canada with an expired work permit?” Yes, you can stay in Canada even after your work permit is expired. You need to work on some documents to get an extension. These documents are vital to prepare.

Otherwise, you have to leave Canada immediately when your work permit is expired. Just remember, there is no guarantee that your documents will be approved or not.

Things You Need to Remember

You can apply for the renewal of your work permit before or after your expiration date. If you apply after your work permit expires, you cannot keep working until you get the final decision. And yes, you need to apply within 90 days after your expiration date.

On the other hand, if you apply for the work permit before your work permit is expired, this would be your best decision. You don’t have to take much hassle and don’t need to take unnecessary tension.

You can keep working until you get the final decision, which will be made on your application. And you must have to work on the specific conditions of your original work permit. On this basis, you don’t have to show any confirmation that you have applied for implied status in Canada.

But make sure you have the proof that you have already applied for the extension application; keep the copy of the application, fee receipt, and some other documents which will confirm the exact date of your delivery time of the application.

If you have a complicated case, you need to consult with an immigration officer who is a part of the visa team to solve your case.

Can I Stay In Canada With An Expired Work Permit?

When your permit will expire after applying for the extension –

Before expiring your work permit, you can stay in Canada legally if you apply for the extension time. You need to apply for the implied status in such a situation.

When your permit will expire before applying for the extension –

You need an extended period as you have lost it and you are still Canada, as:

Your work permit has been expired before you have applied for the –

  • Study permit
  • Work permit
  • As a visitor

If you don’t respect the conditions of your permit, you may lose your status.

You may apply to reestablish your status as an employee on the off chance that you:

  • Apply immediately within 90 days when you will lose your status.
  • Keep gathering all the documents or requirements for your staying application.
  • You need to have met all the conditions which will help you to get the permit.
  • For a work permit, pay $155 and
  • For restoration, pay $200
  • Pay your fees like,
  • For open work, permit holders pay $100.

For family member

If any of your family members have lost their visa status, they also have to apply for the application and collect to restore it. That time they can stay in Canada, but they cannot involve in any work until they get the final decision.

Steps To Follow After Your Canadian Work Permit is Expired

The work permit is considered one of the unique documents that allow foreign workers to work in Canada temporarily. There are different options as work permits, and each of them has a diverse length of validity.

When your work permit is expired, you need to leave Canada as you don’t have any valid visa. But as I have mentioned earlier, you have multiple issues to deal with it – now we will discuss it. But before that, you need to know some answers to the following questions:

Your job gets changed or extended?

For changing your permit conditions, you need to apply for the extension application after or before it expires. And yes, this is very important.

Were you offered another job offer or a completely different job in Canada?

If yes, then you have to apply for the new work permit before starting your new job. And this is mandatory.

You want to stay in Canada permanently, but your work permit is expired?

You have to be that much qualified for immigration in Canada so that you can get the permission of permanent resident under all the rules of authority.

Do you want to come back to Canada after leaving your place?

When you return to Canada, you need to have a valid passport and a valid work permit on which you will be allowed in Canada.

And your work permit is expired already

You have not noticed earlier, but your work permit is expired already, then what will you do now? Well, then contact a licensed immigration lawyer immediately.

If you do overstay in Canada on your work permit, then this could be a serious issue. If you do not solve it, you might have to leave Canada and apply for the visa to come back to Canada.

Implied status

Implied status is vital for most of the time. Most of the residents who have work permit holders need to apply from implied status to renew their status. But on the same note, they may stay in Canada until they get a final decision under the conditions of the original permit, which will be made on your submitted application.

The implied status will be considered on your new application, which is submitted to the authority. If your application is approved, you can continue working or studying on the conditions applied on your new permit.

If it is not approved, you have to leave Canada and apply for restoration status. You cannot continue working as your decision is pending under restoration status. This process is different from implied status.

Conclusion

Canadian work experience is very much important to some extent. It is especially highly valued for the temporary residents and economic-class immigration.

As many of them have questioned that “can I stay in Canada with an expired work permit?” it would be better if they apply for their work permit from implied status, then go for further process.

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