Your work permit expires next month and IRCC processing times are longer than that. What happens to your status, and your job? The answer is maintained status (formerly called implied status), and it is one of the most misunderstood rules in Canadian immigration.
The basic rule
If you apply to extend your stay before your current permit expires, you are legally allowed to remain in Canada under the conditions of your existing permit until IRCC makes a decision. Your lawful status continues automatically, there is no gap, even if the decision takes months.
Can you keep working?
It depends on what you applied for. If you applied to extend a work permit (for example, a new LMIA-based permit with the same employer, or another employer-specific permit), you may generally keep working under the same conditions as your existing permit while you wait. If you applied for something that does not authorize work, say, visitor status, you cannot work once your work permit expires, even though your stay remains legal.
The travel trap
Maintained status only exists inside Canada. If you leave the country while your extension is pending, you lose the right to work on maintained status upon return; you may be allowed to re-enter as a temporary resident, but you cannot resume working until your new permit is approved. Plan international travel around this.
If your application is refused
A refusal ends maintained status. In many cases you may apply for restoration of status within 90 days, but you cannot work while restoration is pending. This is where early legal advice matters most, the difference between refiling correctly within the window and falling out of status entirely is enormous.
A lawyer’s note
Two practical habits prevent most maintained status problems: apply well before expiry (I aim for 30 or more days), and keep proof of the submission date, the confirmation letter is what you show your employer, and what protects you if IRCC’s systems lag. Employers should also verify a worker’s maintained status basis rather than assume it. More on our work permits page, including LMIA-based permits.
Official source: IRCC: Extend your work permit.
This article is general legal information, not legal advice. Immigration rules change frequently and every case is different. For advice about your situation, book a consultation.
About the author
Miguel Martins Pereirinha is a Canadian immigration lawyer and partner at Slayen Immigration Law in Vancouver, British Columbia. He practises Canadian immigration law exclusively — work permits, permanent residence, family sponsorship, citizenship and inadmissibility — and works with clients in English and Portuguese.
