In 2026, IRCC is processing within-Canada work permit extensions in approximately 241 days — eight months. If you apply before your current permit expires, maintained status under Section 186 of the IRPR allows you to keep working legally during that entire period. If you apply even one day after your permit expires, maintained status never triggers and your right to work ends immediately.

Many temporary workers in Mississauga and Brampton discover this rule after it is too late. The permit expiry date on your physical document is the last day — not the last safe day.

Maintained Status — What It Is and What It Does Not Cover

Maintained status, also called implied status, is the legal protection under Section 186(u) of the Immigration and Refugee Protection Regulations that allows a temporary resident to continue their authorised activity while a renewal application is pending. For a work permit holder, it means you can continue working for the same employer under the same conditions — same job title, same location, same hours — until IRCC issues a decision on your renewal.

Maintained status does not appear on any new document. There is no card, no letter, no visible proof of status. If your employer asks for documentation, Cambria Law provides written confirmation of your maintained status position based on your application receipt from IRCC.

What maintained status does not cover: changing employers while on a closed work permit, changing your job title or location if your permit specifies them, and travel outside Canada. If you leave Canada while on maintained status, the status ends immediately upon departure. Do not travel while your renewal application is pending without specific legal advice about your situation.

 

Maintained status versus restoration of status Canada 2026 — apply before versus after work permit expiry consequences

 

Types of Work Permits Cambria Law Handles

Employer-specific (closed) work permits. Tied to one employer and one location. Require an LMIA in most cases before IRCC will issue the permit. Cambria Law coordinates LMIA applications with employers and manages the full work permit process from Service Canada to IRCC.

Open work permits. Allow the holder to work for any employer in Canada. Post-Graduation Work Permits, Spousal Open Work Permits, and Bridging Open Work Permits are the most common types issued to GTA workers. No employer involvement required for PGWP and SOWP applications.

LMIA-exempt work permits. Certain categories are exempt from Labour Market Impact Assessment requirements — intra-company transfers, positions under CUSMA/USMCA international agreements, and significant benefit categories. Cambria Law assesses LMIA-exempt eligibility before initiating a standard LMIA application.

Bridging Open Work Permits (BOWP). Available for Express Entry applicants whose work permit is expiring while their PR application is being processed. Provides open work authorisation for any employer with no LMIA required. Must be applied for before the current permit expires.

How We Can Help With Your Work Permit

  • We assess your eligibility and submit your renewal before the expiry date — maintained status requires filing first.
  • We provide written confirmation of your maintained status position so your employer has documentation while your renewal is pending.
  • We coordinate LMIA applications with your employer from Service Canada submission through to IRCC approval.
  • We identify LMIA-exempt categories before initiating a standard LMIA application — saving your employer time and fees.
  • We apply for a Bridging Open Work Permit if your Express Entry PR application is in progress and your permit is expiring.
  • We manage restoration of status if you have already passed the expiry date — you cannot work during restoration and every day matters.

What Is an LMIA and When Is It Required

A Labour Market Impact Assessment is a document from Service Canada confirming that a Canadian employer was unable to fill a position with a qualified Canadian worker or permanent resident. Most employer-specific work permits require a positive LMIA before IRCC will issue the permit to the foreign national.

LMIA applications are submitted by the employer — not the employee — and involve advertising the position to Canadian workers for a prescribed period, demonstrating that no qualified Canadian applicant was available, and paying Service Canada’s processing fee. Cambria Law manages LMIA applications for employers across the GTA.

Key Work Permit Figures — 2026

Item 2026 Figure
Work permit extension processing (in Canada) ~241 days
PGWP maximum validity Up to 3 years (program length dependent)
Restoration window after expiry 90 days — cannot work during restoration
Restoration processing time 99 to 180 days
New May 2026 rule Can restore as visitor without LMIA or job offer

Work permit expiry action timeline Canada 2026 — safe zone urgent critical expiry maintained status restoration

Frequently Asked Questions

My work permit expires in 30 days. What should I do right now?

Apply today. At 30 days before expiry, you are in the critical window. Processing takes approximately 241 days in 2026, which means your permit will expire long before IRCC makes a decision. That is expected and normal — maintained status protects you during the wait. What matters is that your application is submitted before the expiry date on your current permit. Call 416-840-7545 today and Vick Sidhu will assess your eligibility and begin the application immediately.

Can I change employers while waiting for my work permit renewal?

Only if your current permit is an open permit. If you are on a closed employer-specific permit and you change employers while your renewal application is pending, you are working without authorisation — which violates your permit conditions, can result in a loss of status finding, and damages future immigration applications. Contact Cambria Law before making any employment change if you are on a closed work permit.

My work permit expired last week. What are my options?

You have up to 90 days from the expiry date to apply for restoration of status. During the restoration period, you cannot work. Restoration processing takes 99 to 180 days. Under a new IRCC rule effective May 2026, you can choose to restore as a visitor rather than restoring as a worker — which is faster because it does not require an LMIA or job offer. Call 416-840-7545 immediately — every day in this window matters.