What Happens If My Work Permit Expires While IRCC Is Still Processing My Application?

Your work permit expired, but you applied for an extension before it did — and IRCC is still processing your application. Can you still work? Are you in trouble? Here's exactly what you need to know.

The Short Answer

If you applied before your permit expired: you can likely continue working. This is called maintained status (previously implied status), and it's a legal protection built into Canada's immigration system specifically for this situation.

If you applied after your permit expired: you are out of status and cannot legally work. You need to act immediately.

What is Maintained Status?

Maintained status allows temporary residents who applied to extend their status before expiry to continue their authorized activities while IRCC processes the application.

For workers, this means:

• You can continue working for the same employer
• Under the same conditions as your original permit (same location, same job title if employer-specific)
• Until IRCC makes a final decision — approval or refusal

This is fully legal. Your employer does not need to do anything differently. You are not in violation of your permit conditions.

What You Cannot Do on Maintained Status

• Switch employers — if your permit was employer-specific, you are tied to that employer
• Change your job title or conditions materially — your original conditions apply
• Leave Canada — maintained status ends the moment you cross the border
• Work without authorization — if your original permit did not allow work, you cannot work

What Proof Do You Have?

If your employer or anyone else questions your authorization to work, you can show:

1. Your expired work permit 2. Your application submission confirmation and receipt number from IRCC 3. A printout of the maintained status rules from canada.ca

The combination of these documents demonstrates your legal authorization to work in Canada.

How Long Will Maintained Status Last?

Maintained status lasts until IRCC makes a final decision. Given current processing times for work permits:

• PGWP: 5-19 weeks
• Open work permit: 5-13 weeks
• LMIA-based: 7-19 weeks

See current times at IRCCTracker.ca.

What If My Application Is Refused?

If IRCC refuses your extension while you're on maintained status, maintained status ends immediately. You then have 90 days to apply for restoration of status — but you cannot work during those 90 days.

Restoration is not guaranteed. If refused again, you must leave Canada.

This is why it's worth getting legal advice before a refusal happens, especially if your application has red flags (previous refusals, gaps in employment, change of employer issues).

What If You Applied Late (After Expiry)?

If your permit expired before you submitted an extension application, you are out of status. You have two options:

Option 1: Apply for restoration of status You can apply within 90 days of losing status. This reinstates your status if approved. You cannot work during the restoration process.

Option 2: Leave Canada and apply from outside In some cases, leaving and re-applying from your home country is cleaner and faster than a restoration application.

Both options carry risks. Get legal advice before deciding.

Practical Checklist — What To Do Right Now

• Confirm you applied before expiry — check your IRCC submission timestamp vs permit expiry date
• Save your confirmation — keep your application number and submission receipt
• Keep working for the same employer — do not switch jobs while waiting
• Do not leave Canada — this ends maintained status
• Check your IRCC account — respond immediately to any requests for documents
• Tell your employer — show them the maintained status documentation

The One Thing That Would Make This Worse

The single most common mistake in this situation is changing employers while on maintained status. Some workers assume that once their permit expires, they can freely switch to a new job offer. This is wrong. Your maintained status ties you to your original permit conditions. Switching employers puts you out of status.

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If you applied late, have a complication, or have received any communication from IRCC about your application, get legal advice immediately. Book a free 15-minute consultation with a Canadian immigration lawyer — it takes 5 minutes and could save your status.