FIDERA LAW
Canadian immigration law

For employersKeep someone whose permit expires

For employers · Renewals

Everything here counts backwards from one date.

File before the permit expires and your employee keeps working while the decision is made. File after it and they must stop, with ninety days to restore and no right to work while that runs. The part employers underestimate is the lead time, which is nine to twelve months where a new labour market impact assessment is needed.

This is a deadline problem, not a paperwork problem

A work permit renewal is not difficult. It is simply long, and it runs on a date that nobody is reminded of. The whole of it works backwards from one day, and which side of that day you file on decides whether the person keeps working.

  • Only the worker can apply. Only you can unlock it. The application to extend or change a work permit is theirs. The step that has to happen first is yours, being either a new labour market impact assessment or a new offer of employment with the $230 compliance fee paid before they apply.
  • Before the expiry date is a formality. After it is an emergency. File before, and status and the right to work continue until a decision. File after, and the person is out of status, must stop working, and is into a 90 day restoration window with no right to work while it runs.
  • The right lead time is nine to twelve months, not thirty days. Where an assessment is needed. Four to eight weeks of advertising, then an average of 73 to 88 business days for the assessment in July 2026, then the worker's own application. Where no assessment is needed, two to three months is realistic.
  • Maintained status continues the old job, and nothing else. Same employer, same job, same work location, and only while the person stays in Canada.
  • A renewal may be the wrong question. Someone who has worked for you for a year may have a permanent route open with no job offer and no assessment, which ends the cycle instead of repeating it. That is what a discovery call is for, and it is also why the provincial routes are worth a look before you buy another assessment.

Working backwards from the expiry date

Call the expiry date on the current permit day zero. Everything below is counted back from it. The longer track is the one where the job needs a labour market impact assessment.

  1. Twelve months before, decide which conversation this isA renewal on a new assessment, a renewal under an exemption, or a permanent route that removes the problem. Getting this wrong costs the whole lead time, because the three tracks have nothing in common.
  2. Nine months before, start the recruitment if an assessment is neededThe advertising has to sit inside the three months before you submit, so it cannot start much earlier than this, and it has to run four consecutive weeks in the high wage stream or eight in the low wage stream. Keep at least one activity running until the decision issues.
  3. Six months before, submit the assessmentAn assessment can be submitted up to six months before the expected start date, and here the start date is the day after the current permit ends. This is the earliest useful filing day, which is why the advertising has to be finished by now.
  4. Two to four months before, expect the decisionJuly 2026 averages were 88 business days in the high wage stream and 73 in the low wage stream. They move with volume and they are averages, not standards. A positive assessment is then valid for up to six months, and the worker has to apply inside that window.
  5. Three months before, if no assessment is needed, do your partSubmit the new offer of employment through the Employer Portal and pay the $230 compliance fee. The fee has to be paid before the worker applies. Give them the seven digit offer of employment number.
  6. Thirty calendar days before, the worker filesIRCC's recommendation is at least 30 calendar days before the expiry date. Online, and for most people in Canada online is now the only option, since most foreign nationals already in Canada can no longer apply at a port of entry for an extension.
  7. Day zero, maintained status begins if the application is inAn online application counts as received if it was submitted before midnight in coordinated universal time on the expiry day. A paper application is stamped on receipt, and if it arrives late IRCC counts back seven days, though its page does not say whether those are calendar or business days.
  8. Day zero onwards, the person keeps working on the old termsSame employer, same job, same work location, as long as they stay in Canada. Ask for the WP-EXT letter and keep it with the file.
  9. Day ninety, the restoration window closesIf nothing was filed in time, the worker has 90 days from the day they lost status to apply to restore it, and may not work while that is pending. After that the ordinary position is that they leave Canada and apply from outside.

The dates, and whether they are calendar or business days

Every deadline in a work permit renewal at 21 August 2026
DeadlinePeriodCalendar or businessWhose deadline
Advertising duration, high wage stream4 consecutive weeks inside the 3 months before filingCalendar weeks and calendar monthsEmployer
Advertising duration, low wage stream8 consecutive weeks inside the 3 months before filingCalendar weeks and calendar monthsEmployer
Job Match invitationsAll matched job seekers in the first 30 days of the advertisementThe source does not say, so treat it as calendarEmployer
Earliest assessment filingUp to 6 months before the expected start dateCalendarEmployer
Assessment processing, July 2026 averages88 in the high wage stream, 73 in the low wage streamBusiness days, and averages rather than standardsService Canada
Validity of a positive assessmentUp to 6 months from issueCalendarWorker must apply inside it
Adding or changing a name on an assessmentAt least 15 business days before the assessment expiresBusiness daysEmployer
Compliance fee where no assessment is neededPaid before the worker appliesNot a periodEmployer
Recommended filing of the extensionAt least 30 days before the permit expiresCalendar days, and IRCC says so expresslyWorker
Absolute filing deadline, onlineBefore midnight in coordinated universal time on the expiry dayA clock rather than a count, and it is not your local clockWorker
Late paper filing look back7 days counted back from receiptThe source does not say, so do not rely on itWorker
WP-EXT letter expiry365 days from the day the application was receivedCalendar, and work may continue past it until a decisionWorker
Restoration window90 days after losing statusCalendar days, and the Regulations word it that wayWorker
Record retention6 years from the first day of workCalendar yearsEmployer

Where a source does not state whether a period is counted in calendar or business days we say so rather than guessing, because a plan built on the wrong count fails silently and only at the end.

What maintained status does and does not carry

Regulations 183(5), 183(6) and 186(u) · IRCC guidance verified 21 August 2026

Three ways an employer loses a worker who thought they were safe

The conditions change. Maintained status continues the conditions of the expired permit and nothing else. A promotion, a substantial change in wages, a new occupation or a move to a different work location is a change of conditions, and the person cannot begin it until a new permit issues. Making the change anyway is the employer's exposure as much as the worker's.

The worker leaves Canada. The authorisation to work without a permit depends on remaining in Canada. IRCC states that a worker who leaves while on maintained status loses the ability to work when they return, and cannot work until the application is approved.

The wrong application was filed. A worker who applies for a study permit, or to stay as a visitor, keeps status but must stop working when the work permit expires. A temporary resident permit applicant gets no maintained status at all. And an application rejected as incomplete is treated as never having been submitted, so there was never any maintained status behind it.

  • Provincial documents stop renewing. IRCC states that a person on maintained status usually cannot renew provincial or territorial documents such as a driver's licence or a health card. Make sure those are current before the permit expires, because a lapsed health card is a practical problem long before the permit is decided.
  • The social insurance number expires with the permit, and that is fine. A worker on maintained status may keep working with an expired number until a decision. They can update it only once the new permit is issued, and must give you the new expiry date within three days of receiving it.
  • Your compliance obligations run through the whole period. The Regulations define the period of employment for compliance purposes as including the time the person may work without a permit under paragraph 186(u). Nothing pauses. See staying compliant.
  • Ask for the letter, keep the letter. The WP-EXT letter is the document an inspector, an insurer or a payroll auditor will want to see. Where there is no letter, because the application was on paper or was a first permit in Canada, keep the submission confirmation instead.

If the date has already passed

Stop the work first and fix the status second, in that order. Continuing to employ someone whose permit has expired is not a technicality on either side of the relationship.

  • The worker must stop working on the expiry day. IRCC's instruction to a person who applied for a new permit after the old one expired, or who applied for a study permit or a visitor record, or who breached the conditions, is that they should have stopped working.
  • Ninety days, counted in calendar days. The Regulations allow restoration on an application made within 90 days after losing status, if the person meets the initial requirements for their stay, has not breached any other condition, and is not the subject of a ministerial declaration.
  • Restoration gives back nothing while it is pending. There is no maintained status on this route. IRCC's worker guidance is that normally the person is not allowed to work until status has been restored and the new work permit issued. Read that as no work.
  • It costs $401.25, and the applicant pays it. Restoration of status at $246.25 together with a new work permit at $155. If an assessment is needed for the new permit, the $1,000 for that is still yours and still not recoverable from the worker.
  • Filing an extension after expiry is not an option. An extension is not open once status has expired, the fee is not refunded, and the restoration fee then has to be paid as well.
  • There is one published exemption from the ninety days. A foreign worker who holds a letter of support from a participating province or territory does not have to apply within 90 days of losing status, and may apply even if more than 90 days have passed. If that is your worker, do not assume the window has closed. The wider mechanics are set out at extending and restoring status.
  • After the window, the usual answer is to leave and apply from outside. Being out of status is an offence under the Act, with the possibility of an admissibility hearing and removal. For a worker who is refused rather than out of time, a refusal is a different problem with different remedies.

Who pays for a renewal

Renewal costs at 21 August 2026
CostWho paysRecoverable from the worker
New labour market impact assessment, if the job needs oneThe employer, $1,000 per positionNo. Employment and Social Development Canada states it cannot be paid by nor recovered from the worker, and the Regulations prohibit charging or recovering it directly or indirectly
Fresh advertising for that assessmentThe employerNo
New offer of employment where no assessment is neededThe employer, $230, and $690 for a group of three or more performing artists and their staffNo. The Regulations prohibit charging or recovering it directly or indirectly. It is remitted if the work permit is refused, or if you withdraw the offer and request a remission before the permit issues
Work permit extension$155, payable by the applicantOne of the three fees carved out of the prohibition, so it sits outside it
Open work permit holder fee, where the renewal is an open permit$100, payable by the applicant. Under section 303.2(3) it is remitted and repaid to the person who paid it if the permit is refused, or if they withdraw the application and request a remission before the permit issuesWe did not source this fee as one of the three carved out of the prohibition, so we would not treat it as recoverable
Biometrics, if required again$85 per person, payable by the applicantOutside the prohibition. It is the applicant's own fee under section 315.1 and it is not a recruitment fee
Restoration, if the date was missed$401.25, payable by the applicantWe did not source restoration as one of the three carved out fees, so we would not treat it as recoverable
Private health insurance and workplace safety insurance, where the stream requires themThe employerNo, and an inspector will look at whether it was charged back

The Regulations prohibit an employer, and anyone recruiting for them, from charging or recovering from the worker, directly or indirectly, any fees related to the recruitment of the worker, along with the particular fees your own stream names. Three fees are named as exceptions to that prohibition, being the $100 visitor visa fee, the $200 temporary resident permit fee and the $155 work permit fee, so leaving those with the worker is not a breach. The $85 biometrics fee is a different thing again. It is imposed by section 315.1 of the Regulations on the person whose biometrics are collected, it is not a recruitment fee, and it is not one of the fees the prohibition names, so it falls outside the prohibition rather than inside it. Where we could not source a fee as falling inside the carve out, we treat it as caught, because an employer who deducts it and is wrong is exposed on an inspection while an employer who absorbs it and is wrong is merely out of pocket.

Are you going to make the date

A structured way to see where you stand against the published criteria. It returns an indication only, not an eligibility decision, not legal advice, and not a prediction that you will be invited.

Your situation

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An indication only, not an eligibility decision and not legal advice. The date on the permit is the whole of this, and an unfavourable answer here is time sensitive rather than informational. Only the worker can file the application, and only the employer can complete the step that has to come first. Verified 21 August 2026 against canada.ca and the Immigration and Refugee Protection Regulations.

Give us the expiry date

Tell us the date on the permit and what the person does. We will tell you which track you are on, when each step has to happen, and whether a permanent route would end the cycle instead of repeating it.

Employer discovery calls are free. Where a matter goes beyond a single hire, the discovery call leads to a scoped proposal or a monthly retainer rather than an hourly estimate. Where an applicant and their employer both want it, and both give informed consent, we can act for the two of you together on the immigration file. Where a joint retainer would not be appropriate, we say so at the outset.

Frequently asked questions

When should we start?

Nine to twelve months before the permit expires if the job needs a labour market impact assessment, and two to three months before it if it does not. That sounds excessive until you add the pieces up. The advertising has to be complete before the assessment is filed and inside the three months before filing, being four consecutive weeks in the high wage stream or eight in the low wage stream. The assessment itself averaged 88 business days in the high wage stream and 73 in the low wage stream in July 2026. Only then can the worker apply, and they should apply at least 30 calendar days before the expiry date.

Whose job is the renewal?

It is split, and the split is where files fail. Only the worker can apply to extend or change a work permit. Only you can do the thing that has to happen first, which is either a new assessment or a new offer of employment with the $230 compliance fee paid. A worker who is waiting politely for their employer, and an employer who assumes the worker has it in hand, produce the same outcome.

What exactly does maintained status give us?

If the worker applies before the permit expires and the conditions are not changing, they keep their status and may keep working under the conditions of the existing permit until a decision is made, for as long as they stay in Canada. On an employer specific permit that means the same employer, the same job and the same work location. It is continuity of the job you already have, not permission to change anything about it.

What is the exact filing deadline?

Before the permit expires. For an online application that means submitted before midnight in coordinated universal time on the day the permit expires, and IRCC's system runs on that clock rather than yours. A paper application is stamped on the day it is received at the case processing centre, and if it arrives after the expiry date IRCC counts back seven days and uses that as the date received. Its page does not say whether those seven days are calendar or business days, so we would not build a plan on them. IRCC's own recommendation is to apply at least 30 calendar days before expiry.

What proof can we ask the worker for?

A letter in their online account, referred to as WP-EXT except for the post-graduation work permit, showing that they may keep working under the same conditions until the application is processed. It carries an automatic expiry 365 days from the day the application was received, and the worker may keep working past that date until a decision is made. There is no such letter for a paper application, for a first work permit in Canada, or where the application was filed after the permit had already expired.

Can they travel while it is pending?

Not safely. Maintained status and the authorisation to work depend on staying in Canada. IRCC states that a worker who leaves Canada while on maintained status loses the ability to work when they return and cannot work until the application is approved. A holiday booked before the renewal was filed is a business problem you should know about in advance.

What if we missed the date?

Then the worker is out of status, must stop working, and has 90 days from the day status was lost to apply for restoration. That is a calendar count in the Regulations. Restoration does not give status back while it is pending, and IRCC's worker guidance is that normally the person is not allowed to work until status has been restored and the new work permit issued. Treat any suggestion that they can keep working as wrong.

Can we just let it expire and reapply from abroad?

You can, and it is usually the worst of the options. You lose the person from the payroll for the whole processing period, and if the job needs an assessment you are back to the advertising, the fee and the wait. Where an assessment is needed the position is worse still, because a new assessment is valid for up to six months and the worker has to apply for the permit inside that window.

Is a renewal really the right conversation?

Often it is not. If the person has been working for you for a year, a permanent route may be open with no job offer, no assessment and no recruitment file, which ends the renewal cycle rather than restarting it. That is worth testing before you buy another assessment.