Maple News reports that many temporary foreign workers in Canada face a critical question: Can they continue working if their work permit expires? The answer depends largely on timing. If a worker applies to renew or change their work permit before it expires, they may be allowed to keep working under what’s known as ‘maintained status.’
Maintained status, previously known as ‘implied status,’ allows work permit holders to remain in Canada and legally continue employment under the same conditions of their original permit while they await a decision on their new application. However, this only applies if their extension or change application was submitted before their current permit expired.
To benefit from maintained status, the individual must stay in Canada physically and continue working under the same terms – including job title, employer, location, and work conditions – provided by their original employer-specific (closed) work permit. If the original work permit was an open work permit (OWP), the worker has more flexibility and may switch jobs even while waiting for the new permit.
This temporary authorization ends once a final decision is made on the new application. If approved, the worker can begin employment under the new permit conditions. If denied, they must cease working immediately.
It’s important to note that these rules apply only to those who have applied for another work permit. Workers switching to a study permit or visitor status face different requirements. In those cases, they must stop working once their original work permit expires. For instance, a foreign national applying for a study permit cannot start studying until their application is approved and must stop working the moment their initial permit ends.
With Canada relying heavily on temporary foreign workers to fill skilled and essential roles, knowing the legal boundaries of work permit expirations is crucial to remain compliant with immigration laws. Employers and workers alike are encouraged to monitor permit expiration dates and begin renewal processes in advance to avoid disruptions.
According to Maple News, being proactive is key to maintaining legal work status while living and working in Canada.