Expired Work Permit
Each year, many foreign nationals come to Canada to work for temporary basis. Temporary foreign workers help fill labour shortages that exist in Canada through the transfer of skills. To help foreign nationals come and work in Canada the employer has to get the authorization from immigration Canada. What this means if the foreign worker is not exempt from the Labour Market Impact Assessment (LMIA), the employer has to demonstrate recruitment efforts that he/she attempted to hire Canadian citizens or Permanent Residents but was unable to do so. Upon receiving a Positive LMIA the employer can then hire the foreign worker and move to the second stage of applying for a Work Permit. Many times foreign workers forget to renew their Work Permit which can potentially lead to the applicant being asked to exit the country or banned from working until the Work Permit status is restored. If you fall in situation in which your Work Permit expired and are unsure what steps to take then this blog is for you. Read further to find out how you can restore your work permit status to be able to remain in Canada and work.
Can I work in Canada if I did not apply to extend my Work Permit?
If you Work Permit expired you are able to restore your Work Permit within the first 90 days after it expires. When you do this, you are able to remain in Canada until you get a decision on your application. While you are waiting for a decision you are not allowed to work until you receive your Restored Work Permit. Remember there is no guarantee that your application will be approved, should your application be refused you would have to leave Canada right away when your work permit expires. If you decide not to exit Canada, you could be deported and will need permission from an immigration officer to come back in the future.
How can I Restore my Expired Work Permit?
If you want to restore the status of your Work Permit you would have to send an application to Change Conditions or Extend your Stay in Canada. The application includes the Documents Checklist, Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker, Statutory Declaration of Common-Law Union, Use of a Representative and the Instruction Guide.
The Documents Check List provides you a checklist of what forms and documents you need to include with your application to avoid delays. It is very important to go through the checklist to ensure you have included everything that needs to be included with the application. The Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker this form basically requires your personal information such as your name, country of citizenship, relationship status, passport information, language and other details about yourself. Ensure you sign and the date application or else it will be returned to you as incomplete. The Statutory Declaration of Common-Law Union and Use of a Representative and the Instruction only use these forms if applicable to you. It is recommended to go through the Instruction Guide as it will assist you with what steps you need to take and what requirements you need to meet to be eligible to apply.
Where do I send my application to restore my Work Permit Status?
To restore your work permit you would have to send your Application to Change Conditions or Extend Your Stay in Canada as a Worker to the Case Processing Centre in Vegreville, Alberta. Pay the government fees of $200 CAD for status to be restored and $155 CAD for the Work Permit for a total of $355 CAD. So basically on the form you are asking the immigration officer to restore your status and your work permit to be extended. Don’t forget to ask why you stayed longer than your welcome stay in Canada and provide a good explanation to the officer.
This application can only be used if you are a temporary resident who is already in Canada and would like to either extend their stay, change the condition of their stay, changing their temporary status or correcting problems with their status. It is important to do all of this prior to expiration of your status.
How can I change conditions or extend my stay as student?
There are two ways you can extend your stay or change conditions in Canada as a student you can either apply online or read the Instruction Guide and download the application forms. Once you have filled it out ensuring you have signed it and dated the application you submit your complete application to Case Processing Centre in Vegreville, Alberta. Don’t forget to include the government fee. You can either include a cheque payable to “Receiver General of Canada” or make the payment online and including a copy of the payment. If you miss the government fees your application will returned as incomplete.
Contact Akrami & Associates
If you find yourself in a sticky situation and are not sure how to restore the status of your work permit or if you are eligible to extend your stay in Canada then please don’t hesitate to contact us at 416-477-2545. Our legal experts have dealt with many different immigration matters and we can certainly assist you as well.
With Akrami & Associates there is always a way!!