Work Permit Extensions

OVERVIEW

Individuals who are neither Canadian Permanent Residents, nor Canadian Citizens, and who wish to temporarily reside in Canada for employment purposes will likely have to apply for a Work Permit. Every year over 150,000 foreign workers come to Canada to work. A Work Permit is not issued for persons wanting to come to Canada to look for work. It is only issued once an offer of employment has been made. Many of these workers fill skill shortages in many Canadian companies, while others work as live-in caregivers.

It should be noted that a Work Permit is not an employment contract. It is strictly for the purposes of allowing a foreign national to work in Canada to fill a labor shortage, and to support economic growth in Canada.

When the application is accepted, the work permit is issued. Work Permits are always temporary, but also can often be extended from inside Canada. A Work Permit usually contains specific terms and conditions, including the start and end dates of the employment, name of employer, location of employment, and job title. If the Foreign National does not abide by the terms and conditions set out in the Work Permit, the Foreign National may be prosecuted and/or asked to leave Canada. The employer may also receive disciplinary action or face charges.

WORK PERMIT EXTENSION

There Are Four Situations in Which Workers Must Extend or Change Their Canadian Temporary Work Permits:

  1. The worker’s job is extended or changed. In these cases, foreign workers must immediately apply to extend or change the conditions of their current work permit before the permit expires.
  2. The worker is offered a different job in Canada. In these cases, a worker must apply for a completely new work permit and cannot start their new job without a new work permit.
  3. The worker wants to live and work in Canada permanently. In these cases, the worker must apply under one of Canada’s permanent residence categories.
  4. The worker wants to leave Canada and then re-enter: When work permit holders leave Canada, they will be allowed to make arrangements to extend their work permit. This will allow the holder to resume work when he/she returns to Canada. When the worker returns to Canada, one of the following things will happen:
  • a) If the work permit extension is still being processed, the worker will be allowed to enter Canada as a visitor until the processing is complete. The worker will NOT be allowed to work until the extension is accepted. Part of the extension process may involve workers being asked to prove that they have enough money to support themselves in Canada.
  • b) If the permit extension has been accepted, the worker will be allowed to re-enter Canada and work immediately. If the extension was rejected or not arranged for, the worker will have to apply for a completely new work permit in order to work again in Canada.
  • c) You can apply to extend a work permit from within Canada if the work permit you applied for outside of Canada is still valid. You can extend your work permit for a period of time that adds up to but does not exceed a maximum of four years of work in Canada.

VALIDITY OF STUDY PERMITS EXTENSION

The validity period of your study permit cannot exceed that of your passport expiry date. Therefore, you should ensure that your passport’s validity exceeds the amount of time you are requesting on your application. If you submit your application for renewal or a change in status before your current status expires, you are considered to be on implied status as a temporary resident until a decision has been made with respect to your application. You must keep a copy of the documents proving that a status extension has been requested (proof of postage or courier delivery, an internet submission receipt, etc). In addition, if your status expires before a decision has been made, you will only be on implied status for as long as you remain in Canada.

You should apply to renew your study permit if you intend to travel outside Canada and your permit will expire while you are travelling. If your study permit has expired, and you have not applied for an extension, you must leave Canada.

You must remain enrolled at a DLI and make reasonable and timely progress towards completing your program. Failing to do so may lead to your removal from Canada. The DLI will report your continued academic enrolment and status to CIC. An officer may impose, vary or cancel conditions on a study permit. These may include one or more of the following:

  1. The type of studies or courses you may take.
  2. The educational institution you may attend.
  3. The location of your studies.
  4. The time and period of your studies.
  5. The times and places at which you shall report for medical examination or observation.
  6. The times and places at which you shall report for the presentation of evidence of compliance with applicable conditions
  7. The prohibition of engaging in employment or
  8. The duration of your stay in Canada.

Full-time students enrolled at a DLI and pursuing an academic, professional or vocational training program that is at least 6 months long may work up to 20 hours per week during a regular academic session and full time during regularly scheduled breaks between sessions. It is illegal to remain in Canada beyond the validity of your status in Canada. It is illegal to work without a required work permit. It is illegal to study without a required study permit.

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