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Overview: If your work permit is expiring, apply to renew it before the expiry date not after. Applying before expiry triggers maintained status and allows you to keep working legally while IRCC processes your application. The 90-day restoration window after expiry is a last resort not a plan. In 2026, IRCC work permit processing times have reached 241 days, making early action more critical than ever.
The most common immigration question Cambria Law receives is also the most urgent one: “My work permit is expiring. What do I do?”
The answer is simple but the consequences of getting it wrong are serious. If you miss the deadline by even one day, maintained status never triggers. You lose your right to work. Your options narrow immediately.
Here is the exact order of operations.
Step 1: Know Your Exact Expiry Date
This sounds obvious. It is not. Many temporary residents confuse the work permit expiry date with their passport expiry date, their visa stamp expiry date, or their entry stamp date. These are four different dates and they do not align.
Find your exact work permit expiry date by taking the following steps:
- Check the physical work permit document it shows the date in DD-MM-YYYY format.
- Log into your IRCC Secure Account at ircc.canada.ca your current status is shown under “View my submitted applications”.
- Check the “Until” date on your permit this is the last day your current authorization is valid.
What to look for on your physical permit:
- “Employment Authorized” this is your work permit.
- The date shown is the last day not the day after.
- Your permit expires at the END of that date.
Do not guess this date. Do not assume. Confirm it today.
⚠️ One day matters. Missing the filing deadline by a single day means maintained status was never triggered. You are out of status from the day after your permit expired. There is no grace period built into this rule.
Step 2: Apply Before It Expires – This Is Not Optional
The single most important rule in Canadian work permit law: apply before your current permit expires.
When you submit a valid renewal application before your permit expires, you are protected by maintained status under Section 186(u) of the Immigration and Refugee Protection Regulations (IRPR). This allows you to:
- Continue working for the same employer.
- Under the same conditions as your expired permit.
- Until IRCC makes a decision on your renewal.
This protection does not appear on any new document. Maintained status is invisible — but it is legally valid.
In 2026, this matters more than ever. As of early 2026, processing times for within-Canada work permit extensions have reached approximately 241 days. That means from the day you apply to the day you receive a decision is potentially 8 months. Maintained status is what keeps you legally working during that entire period.
When should you apply? Apply at least 90 days before expiry given current processing times. The absolute minimum is 30 days before expiry but 30 days leaves almost no margin for document issues, employer delays, or technical errors.
Step 3: Understand What Maintained Status Does and Does Not Do
Maintained status protects you but it has strict limits.
What maintained status allows:
- Continue working for the same employer
- Under the same conditions (same job, same location)
- Until IRCC makes a final decision
- Even if your physical permit has expired
What maintained status does NOT allow:
- Working for a different employer (if you are on a closed/employer-specific permit)
- Working in a different occupation
- Working in a different location if your permit specifies a location
- Travelling outside Canada and re-entering as a worker
⚠️ Critical travel warning: If you leave Canada while on maintained status, you lose your maintained status immediately. Do not plan any international travel from the time you submit your extension application until you receive your new work permit. This includes trips to the United States.
If your renewal application is refused, you have 90 days from the date of refusal to apply for restoration of your temporary resident status if you wish to remain in Canada, but you cannot work during the restoration period.
→ Maintained status and PGWP travel guide
The 90-Day Restoration Window – What It Is and What It Is Not
The 90-day restoration window is widely misunderstood as extra time built into the system. It is not.
Maintained status applies when you filed a renewal or extension application before your permit expired — it lets you continue working or studying under your original conditions. Restoration is what happens when you did NOT apply before expiry. At that stage, a restoration of status application is the only in-Canada remedy, and it must be filed within 90 days of the date status was lost.
The critical difference:
| Metric | Maintained Status | Restoration |
|---|---|---|
| When it applies | Applied BEFORE expiry | Applied AFTER expiry |
| Can you work? | ✅ Yes | ❌ No |
| Risk level | Low | High |
| Options available | Multiple | Significantly reduced |
| Cost | Standard renewal fee | Additional restoration fee |
| Processing time | Standard | 99–180 days for work permit |
The 90 days is not extra time. It is a rescue window. By the time you are counting those 90 days, you have already lost your right to work in Canada. Your employer cannot legally pay you. Your immigration options have narrowed. Every day that passes reduces what is available.
NEW in May 2026: Category Switching on Restoration
There is one significant update in 2026 that many candidates and even some consultants are not yet aware of. Under a new IRCC operational change that took effect May 1, 2026, workers and students who have lost their status can now choose to restore as visitors instead of restoring in their original permit category.
Restoring as a visitor is faster because it does not require an LMIA, job offer, or school enrollment document.
What this means practically: If your work permit expired and you do not have a job offer to support a work permit restoration, you can now restore as a visitor to buy time while you arrange your next immigration step. This does not give you work authorization — but it keeps you legally in Canada while you pursue Express Entry, a new LMIA, or another pathway. Current restoration processing times stand at 99–180 days for a work permit, and roughly 105 days for a visitor record.
This new option exists — but it is not a solution. It is a bridge. Call Cambria Law immediately if you find yourself in this situation.
What If You Have a Bridging Open Work Permit (BOWP)?
If you have already submitted a permanent residence application and your work permit is expiring, a Bridging Open Work Permit (BOWP) may allow you to continue working for any employer in Canada while your PR application is processed.
BOWP eligibility requires:
- A pending PR application at a specific stage.
- A current work permit that is valid or in maintained status.
- Application submitted before the current permit expires.
No, your R186(u) work authorization is tied exclusively to your work permit renewal application, not to any permanent residence application. The two applications are processed independently. However, if your PR application is at an advanced stage and your work permit is expiring, you may want to explore a bridging open work permit to maintain uninterrupted work authorization.
→ Work permit and LMIA consultant Mississauga
Deadlines and Timelines 2026 Reference Table
| Current Situation | Filing Window | Required Action Plan |
|---|---|---|
| Permit expires in 90+ days | 🟢 SAFE ZONE | Review pathway eligibility, gather background documents, and finalize your extension strategy. |
| Permit expires in 90 days | 🟡 ACTION REQUIRED | Submit renewal application immediately to safely lock in your legal work authorization. |
| Permit expires in 30 days | 🔴 HIGH RISK | File extension today. Maintained status is at extreme risk if technical errors or document gaps occur. |
| Permit expires TODAY | 🚨 CRITICAL | Submit before midnight to preserve right to work. Call 416-840-7545 for emergency processing. |
| Permit expired (Within 90 Days) | ⚫ STATUS LOST | Must halt work immediately. File formal restoration application to rescue temporary residency. |
| Permit expired (Over 90 Days) | ❌ EXPIRED | Must leave Canada immediately. In-Canada processing options are closed. Contact legal counsel. |
2026 Processing Times (confirmed by IRCC May 2026):
- Work permit extension (in Canada): ~241 days
- Work permit restoration: 99–180 days
- Visitor record restoration: ~105 days
- Bridging open work permit: Varies
Your Situation – What to Do Right Now
| Your Situation | Immediate Action |
|---|---|
| Permit expires in 3+ months | Book consultation review all pathways |
| Permit expires in 90 days | Apply for renewal this week |
| Permit expires in 30 days | Apply today call 416-840-7545 urgently |
| On maintained status already | Do NOT travel outside Canada |
| Renewal application refused | You have 90 days call immediately |
| Permit expired within 90 days | Restoration application today cannot work |
| Permit expired over 90 days | Limited options call immediately |
| PR application pending | Assess BOWP eligibility today |
| OINP was your PR strategy | Pivot to Express Entry or French draws due to recent program shifts |
Frequently Asked Questions
Can I travel while waiting for my work permit renewal?
No not safely. If you leave Canada while your renewal is pending under maintained status, you lose maintained status immediately. Do not travel outside Canada while your renewal is pending unless there is a genuine emergency and you have received legal advice specific to your situation. This includes the United States.
What happens if IRCC refuses my renewal?
Refusal: IRCC refuses the renewal application, and the worker must stop working immediately upon receiving the refusal notification. You then have 90 days to apply for restoration but cannot work during that period. Call Cambria Law immediately after any refusal.
My employer wants to switch my job offer — what happens to my permit?
If you are on a closed (employer-specific) work permit, changing employers or job titles typically requires a new work permit application. Working for an unauthorized employer even briefly violates your permit conditions and can affect future immigration applications. Call us before making any employment changes.
What does “same conditions” mean under maintained status?
Maintained status allows you to continue under the exact conditions of your expired permit same employer, same occupation, same location. Failure to comply with conditions such as working for a different employer without authorization ends maintained status immediately.
Can I restore as a visitor if my work permit expires?
Yes as of May 1, 2026, workers whose status has expired can choose to restore as visitors instead of restoring as workers. This is faster because it does not require an LMIA or job offer. However, a visitor record does not give you work authorization. It buys time to arrange your next step. Call us to assess whether this is the right move for your specific file.
I am on a PGWP does this apply to me?
Yes. PGWP holders follow the same maintained status rules as other work permit holders. If your PGWP is expiring and you have not applied for PR yet, apply for a work permit extension (if eligible) or pursue Express Entry immediately. The PGWP cannot be renewed.
→ PGWP and maintained status travel guide
→ Canadian Experience Class for PGWP holders
What to Read Next
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- Canadian Experience Class Build Toward PR
- Express Entry Strategy Mississauga
- OINP Closed May 30 What GTA Candidates Must Do
- TR to PR 2026 GTA Workers Excluded
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- Immigration Lawyer Mississauga
