You found your dream job in Montreal. Everything’s going better than expected, and you are happily working in Canada. Then, one day, you look at your work permit and you check the expiry date: June 30. What date are we again? May 29! You feel the heat coming to your head… How could you forget about this? Then you start panicking: you’ll have to stop working in 30 days!
Take a deep breath – even if your work permit expires, it doesn’t necessarily mean you’ll need to stop working. But you’ll have to act fast!
If you submit a formal application for the same kind of status before your permit expires, you’ll be allowed to keep working in Canada until a decision is rendered while respecting the work permit conditions. This is what we call the “implied status”. But be careful: You need to stay in Canada!
Ok, so let’s say you want to assist at your friend’s wedding in Italy while you are waiting the decision. What happens then?
Well, it depends:
- If you are a visa-exempt national or if you already have a multi-entry visa, you’ll be able to come back. But there’s a catch : you will not be allowed to work before your application is accepted. You can always ask for a work permit at the port of entry if you are eligible, but it will not necessarily be given to you : immigration officers have a very large discretionary power. If they don’t want to issue it, you will be authorized to enter as a visitor and you will have to wait for your new work permit before being able to work again.
- Need a visa to come to Canada? Well, you’ll need to get a new one before entering the country, unless you visited the United States.
You’re probably asking yourself all kinds of questions now…
→ What papers do I need to have the implied status?
The proof of your implied status is the acknowledgement of a receipt letter from the immigration authorities and the proof of the processing fees payment before the expiration of your current Work Permit.
→ Can I work for a different employer than the one for which the permit was issued?
Unfortunately not. The implied status is only valid if you work for the same employer.
→ What happens if my application is refused?
You’ll lose your implied status, but you can ask for restoration at certain conditions. However, you won’t be able to work. You have 90 days to restore your status starting at the refusal letter date. It’s called the grace period. If you did not restore your status during that grace period, you’ll probably need to leave Canada before applying again.