Work Permit Expired in Canada? What to Do

If your work permit expired while you’re in Canada, you’re not alone.

Many foreign workers only realize their status has expired when they try to renew documents, change employers, or apply for permanent residence.

If you’re in Toronto or elsewhere in Canada and your work permit has expired (or is about to), what you do next matters.

Here’s what you need to know.

Step One: Did You Apply Before It Expired?

Before assuming you’re out of status, ask yourself:

Did you submit a work permit extension application before the expiry date?

This one detail determines whether you may still be legally in Canada.

Maintained Status (Implied Status) in Canada

If you applied to extend your work permit before it expired, you may have what is now called maintained status (formerly “implied status”).

While on maintained status, you can:

• Stay in Canada legally

• Continue working under the same conditions

• Keep working for the same employer

You cannot:

• Change employers

• Start a new job

• Leave Canada and return as a worker

If you leave Canada while on maintained status, you may lose your ability to continue working.

This is a common area where mistakes happen.

If Your Work Permit Expired and You Didn’t Apply

If your work permit expired and you did not submit an application before the expiry date, you are likely out of status.

This does not automatically mean removal or deportation.

It does mean:

• You must stop working immediately

• You need to act quickly

• You may need to apply for restoration of status

Acting fast is critical.

Restoration of Status After a Work Permit Expires

In many cases, you may apply to restore your status.

You may qualify if:

• Your permit expired less than 90 days ago

• You meet the requirements for the status you’re restoring to

• There was no misrepresentation

Important things to know:

• You cannot work while restoration is in process

• There is an additional government fee

• Restoration decisions are discretionary

• Unauthorized work must be explained carefully

Mistakes during restoration can affect future permanent residence applications.

Can You Stay in Canada as a Visitor?

Sometimes, yes.

If restoring your work permit is not possible, you may be able to:

• Apply to restore your status as a visitor

• Apply for a visitor record from inside Canada

This allows you to remain legally in Canada.

However:

• You cannot work

• You must show temporary intent

• You must respect visitor conditions

This option is often used by individuals preparing for permanent residence pathways such as Express Entry or spousal sponsorship.

Can You Apply for Permanent Residence If Your Status Expired?

Sometimes.

Depending on your circumstances, you may still qualify for:

• Express Entry (CEC or FSW)

• Ontario Immigrant Nominee Program (OINP)

• Spousal sponsorship

• Humanitarian & Compassionate applications

However, being out of status can complicate matters.

Unauthorized work and gaps in status must be assessed carefully before moving forward.

Do You Have to Leave Canada?

Not always — but sometimes leaving Canada is the safest option.

You may need to leave if:

• More than 90 days have passed since expiry

• Restoration is no longer available

• There are compliance concerns

In some situations, leaving voluntarily can protect future immigration options.

Each case is different.

Common Mistakes After a Work Permit Expires

We regularly see individuals make avoidable errors such as:

• Continuing to work without authorization

• Leaving Canada while on maintained status

• Missing the 90-day restoration deadline

• Assuming Express Entry will automatically fix status issues

• Relying solely on online forums

These mistakes can create long-term consequences.

When Should You Speak With an Immigration Lawyer?

You should seek legal advice if:

• Your work permit has expired

• You are close to the 90-day deadline

• You worked without authorization

• You are planning to apply for permanent residence

• You received a refusal or warning from IRCC

Strategic advice at this stage can protect your long-term immigration goals.

Final Thoughts

If your work permit has expired in Canada, you may still have options — but timing and strategy are critical.

Immigration law provides pathways forward, but choosing the wrong one can create lasting consequences.

If you are unsure about your status or next steps, consider booking a consultation to review your situation and determine the safest path forward.