Last reviewed: September 16, 2026. If your Canadian work permit is about to expire, one of the most important questions is whether you can legally stay in Canada and continue working while Immigration, Refugees and Citizenship Canada (IRCC) processes your next application.
In many cases, the answer depends on whether you applied before your current status expired, what type of application you submitted, whether you remain in Canada, and whether you continue to respect the conditions of your existing work permit.
This guide explains the general rules for maintained status and work authorization. It is general information only; individual circumstances can change the result.
What is maintained status?
If you apply to extend or change the conditions of your work permit before it expires, IRCC says you may legally remain in Canada while the application is being processed. This is commonly called maintained status.
Maintained status protects your temporary resident status while IRCC is deciding the application. It does not automatically mean that every applicant can keep working. Your work authorization depends on the type of application you filed and the conditions that applied to you before expiry.
IRCC recommends applying to extend a work permit at least 30 days before expiry when possible. The important legal timing point for maintained status, however, is that the qualifying application must be submitted before the existing status expires.
IRCC: Extend or change the conditions on your work permit
Can you keep working after your work permit expires?
If you applied to extend your work permit before it expired and you remain eligible, IRCC states that you may continue working while the application is being processed. You normally have to keep working under the same conditions as your original work permit.
For someone with an employer-specific work permit, that generally means continuing to work for the employer named on the existing permit, in the authorized occupation and location, until IRCC makes a decision.
If you held an open work permit and applied to extend it before expiry, the applicable work conditions are different because the original permit itself was open. The exact eligibility still depends on the category of work permit and the application submitted.
IRCC: What to do if your work permit expired or is expiring
What if you applied to change employers?
Applying for a new employer-specific work permit does not usually allow you to start working for the new employer immediately.
If your old work permit expires while the new application is being processed, IRCC says you must generally continue working for the employer named on your original permit until the new application is approved. There is a separate process that may allow an eligible worker to request authorization to start the new job while the new work permit application is being processed.
This distinction is especially important where an employer, LMIA, occupation or work location is changing. Starting unauthorized work can create problems for both the worker and future immigration applications.
For employer-specific work permit and LMIA planning, see our Work Permits & LMIA services.
How do you prove to an employer that you can keep working?
For many online work permit extension applications, IRCC issues a work permit extension letter in the applicant’s online account. The letter can be shown together with the expired work permit as evidence of continuing work authorization when the applicant is eligible.
IRCC currently states that, even if the date printed on that letter passes before a decision is made, an eligible applicant may continue working until IRCC decides the application, provided the required conditions continue to be met.
Applicants who applied on paper may use other evidence, such as proof of submission, fee payment and courier or postal tracking information.
IRCC: After you apply to extend or change your work permit
What if you applied as a visitor or student instead?
Maintained temporary resident status is not the same as maintained work authorization.
If a worker applies to change their status to a visitor, IRCC says they may remain in Canada while the application is processed if they applied in time, but they must stop working when the work permit expires.
Similarly, someone who switches from worker status to a study permit application cannot simply keep working under the expired work permit while waiting for the study permit decision unless another specific authorization applies.
What happens if the work permit already expired before you applied?
If your work permit expired before you submitted the extension or change application, you generally do not obtain maintained work authorization from a late application.
IRCC’s restoration rules state that a person who has lost worker status must stop working. If eligible, they may apply to restore their temporary resident status and obtain a new work permit, but they normally cannot resume work until authorization is granted.
IRCC: Restore your status and get a work permit
Be careful about travelling outside Canada
Travel while a work permit extension is being processed can affect the ability to work when you return.
IRCC says that if a work permit renewal is still being processed when you return, you may be admitted as a visitor and may not be able to work until the new permit is approved. A work permit itself is also not a travel document; depending on nationality and mode of travel, a valid temporary resident visa or eTA may be required.
There are category-specific exceptions and special rules, so travel should be reviewed before departure rather than assumed to be harmless.
IRCC: Travelling outside Canada while a work permit application is in process
Common maintained-status mistakes
- Submitting the extension after the existing status has already expired.
- Assuming that maintained status always includes permission to work.
- Starting work for a new employer before receiving the required authorization.
- Travelling outside Canada without checking how re-entry will affect work authorization.
- Relying only on the expiry date shown on an extension letter without reviewing IRCC’s current instructions.
- Confusing restoration of status with maintained status.
When should you get advice?
A maintained-status situation should be reviewed carefully when the worker is changing employers, relying on an LMIA or LMIA-exempt category, has already passed the permit expiry date, needs to travel, has a family member whose status depends on the worker, or has received a refusal or document request from IRCC.
CanLink Consulting can review the status history, current work authorization and next application strategy before an avoidable status problem develops. If you need assistance, you can request a consultation.
This article provides general information and is not legal advice. Immigration rules and program instructions can change. Always confirm the current requirements that apply to your circumstances.
