How to Extend Your Work Permit Under Canada’s Temporary Foreign Worker Program (TFWP)
If you’re working in Canada under the Temporary Foreign Worker Program (TFWP) and your work permit is about to expire, you might need to apply for an extension to continue working legally. Here’s a detailed guide on the steps you need to take to ensure a smooth extension process.
Understanding the Work Permit Extension Process
Work permits under the TFWP are typically issued for a limited period. If you wish to extend your stay and continue working in Canada, you must apply to extend your permit before it expires. Applying on time will help you maintain legal status and avoid interruptions in your employment. Below, we cover the eligibility criteria, the documents required, and the steps to extend your work permit.
Who is Eligible to Extend Their Work Permit?
To extend your TFWP work permit, the following conditions must apply:
- Closed Work Permit: TFWP work permits are “closed,” meaning you are authorized to work only for the specific employer named on your permit. If you are changing employers, you must apply for a new work permit.
- Maintained Status: If you apply for an extension before your current work permit expires, you can benefit from “maintained status.” This means you can continue working under the same conditions as your current permit while waiting for a decision on your extension application.
However, it’s important to note that you cannot start a new job on a TFWP work permit until your new extension is approved. Also, if there are any significant changes in your job, such as a shift in responsibilities or pay, you may need to apply for a new work permit that reflects these updates.
Check Your Passport’s Expiry Date
One of the first things you should do when planning to extend your work permit is to check your passport’s expiration date. Immigration, Refugees and Citizenship Canada (IRCC) will generally not issue a work permit beyond the expiry date of your passport. If your passport is expiring soon, it’s advisable to renew it before applying for an extension.
Ensure Your Employer Has an LMIA
A valid Labour Market Impact Assessment (LMIA) is required for work permit extensions under the TFWP. The LMIA is a document your employer needs to obtain, which confirms that no qualified Canadians or permanent residents are available for the job you are performing.
Your employer will need to submit an LMIA application to Employment and Social Development Canada (ESDC) and receive either a positive or neutral decision. Without an approved LMIA, your work permit extension application cannot proceed.
How to Apply for an Extension
Once your employer has obtained the necessary LMIA, follow these steps to submit your extension application:
- Create an Online Account: To apply, you’ll need to create an account on the IRCC website. Applying online is generally recommended as it offers several benefits over paper applications, such as receiving regular updates on the status of your application.
- Complete the Application: Fill out the online application form and upload the required documents. The application will include detailed instructions on the documents needed.
- Pay Fees: You will be required to pay the application fee of CAD $155. If applicable, you will also need to pay for biometric fees (CAD $85).
- Submit Documents: You will need to upload various documents to support your application, including:
- A valid passport
- A copy of the LMIA approval letter
- A job offer letter from your employer
- Proof of current employment
- Any other required documents as specified by the IRCC
- Biometrics (if required): Depending on your situation, you may need to submit your biometrics as part of the application process. If required, pay the fee for biometrics and schedule an appointment once you receive the instructions from IRCC.
The Importance of Timing
To ensure you maintain legal status and can continue working, IRCC recommends that you apply for your work permit extension at least 30 days before your current permit expires. Applying too late can result in complications, so it’s best to start the process early.
Can You Change Employers While Waiting for Your Extension?
Under normal circumstances, workers on closed work permits cannot change employers until they receive a new work permit. However, due to temporary public policies that were introduced during the COVID-19 pandemic, there may be cases where workers can start working for a new employer before their new work permit is issued. This exception applies only if the worker meets specific eligibility requirements and follows the correct procedure outlined by IRCC.
Final Thoughts
Extending your TFWP work permit is a straightforward process if you follow the correct steps and submit all the required documentation. By starting early and ensuring that your employer has the necessary LMIA, you can maintain your legal status in Canada and continue working without interruption.
Make sure to review the eligibility requirements, check the expiration dates of your documents, and gather all necessary paperwork to ensure a smooth application process. If you have any questions or concerns, consulting with an immigration professional can also help guide you through the process.
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