How do I extend a work permit issued under the Temporary Foreign Worker Program?

If you are working in Canada on a work permit under the Temporary Foreign Worker Program (TFWP), there may come a time when you need to extend your work permit.

There are many reasons you might need to extend this work permit. This article will go over some of the reasons why you would need an extension, and how to go about it.

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To extend your TFWP work permit, do the following steps:

• Review eligibility criteria to determine that you’re eligible;
• Check your passport’s expiry date;
• Ensure your employer has a positive or neutral Labour Market Impact Assessment (LMIA); and
• Submit your application.

This article will review all the steps needed to renew your TFWP work permit.

Who is eligible to extend a work permit under the TFWP?

Work permits are only valid for a limited period of time, so if you wish to continue to remain in Canada and work beyond the expiry date of your work permit, you’ll need to apply for an extension.

Because TFWP work permits are closed work permits, you may also need to apply to change the conditions of your TFWP work permit, such as if

• Your current job changes (for example, in pay or in responsibilities);
• You’ve been offered a new job with your current employer; or
• You’ve been offered a job by a different employer.

If you apply for an extension of your work permit prior to your permit expiring, and you remain in Canada, you will benefit from maintained status—meaning you will be legally authorized to continue working under the same conditions as your existing work permit from the time that IRCC receives your application until the time they make a decision on your application.

Maintained status only allows you to work under the conditions of your existing permit, so you cannot start a new job on a TFWP work permit until after you’ve received your new permit.

IRCC recommends applying to extend your work permit at least 30 days before it expires.

Check your passport’s expiry date

IRCC will generally refuse to issue a you a work permit beyond the expiry date of your passport.

When planning on renewing your work permit, check the expiry date of your passport to see if there’s enough time left on it.

If there isn’t, you may wish to apply for an obtain a new passport prior to applying for your work permit (if you have time to do so).

Ensure your employer has an LMIA

A work permit under the TFWP always requires an LMIA.

For you to extend your TFWP work permit, your employer must have an LMIA with a positive or neutral result.

You cannot obtain an LMIA yourself.

Your employer will have to apply to Employment and Social Development Canada (ESDC) to obtain an LMIA.

LMIAs can sometimes take months to obtain, so you should speak with your employer about the LMIA well in advance.

What LMIAs will not be processed?

Obtaining an LMIA is not guaranteed.

There are some situations in which the federal government will refuse to process an LMIA application, including for

• Positions above the cap on the proportion of low-wage positions;
• Low wage positions in census metropolitan areas (CMAs) with an unemployment rate of 6% or higher;
• In-home caregiver positions where there is a live-in requirement;
• Any position if you have had an LMIA revoked during the past two years; or
• Certain low-wage positions in the economic region of Montreal (between September 3 and March 3).

Extend your work permit

Once your employer has completed all the requirements, they need to send you a copy of the LMIA approval letter and job offer letter (both will be needed to apply for a work permit extension).

You can then apply to extend your work permit.

To do this, create an online account through the IRCC website.

You will have to

• Fill out the online form;
• Upload the necessary documents;
• Pay the work permit fees (CAD $155); and
• Pay biometric fees, if needed (CAD $85).

Note: If you are unable to submit the application online, you can also submit a paper application. However, an online application offers many benefits over paper applications.

Benefits include getting a letter that proves you can keep working under the same conditions as your current work permit. You can also receive updates on the status of your application directly through your online account and submit more documents online, if needed.

What documents do I require to extend my work permit?

When you apply online, you’ll receive a personalized document checklist to go along with your application.

Some documents you are likely to need include

• A valid passport;
• A copy of the LMIA provided by your employer;
• A copy of your job offer letter;
• Proof of current employment; and
• Other documentation, as requested.

Biometrics (if applicable)

There are some situations where you may need to give your biometrics.

For example, a work permit cannot be issued for a period extending beyond 10 years from the date the applicant last provided their biometrics.

Find out if you need to give biometrics for this permit (you can do so online). If you need to give biometrics, pay the fee when you apply, wait for your biometrics instruction letter, and book an appointment with an official biometrics collection location.

Situations in which you may start working for a new employer before being issued a new work permit

Typically, TFWs on closed work permits cannot start working for a new employer before being issued a new work permit.

However, due to a temporary public policy introduced during the Covid-19 era, it is possible for TFWs to start a new job even before being issued their new work permit.

In order to do this, workers have to meet certain criteria.

Those who are eligible must submit their application for an employer-specific work permit from inside Canada (IMM 5710), and when filling out the “your enquiry” section of the IRCC web form, need to copy specific text that applies to their situation. They must also include the code "PPCHANGEWORK2020" when they copy and paste the text. More details on eligibility and the criteria required can be seen here.

What is a TFWP work permit?

The Temporary Foreign Worker Program (TFWP) allows foreign workers to be hired by Canadian employers to fill temporary jobs when qualified Canadians are not available. Work permits issued under the TFWP are closed, meaning you can only work for one employer under this work permit.

To hire a worker under this program, Canadian employers must get a positive Labour Market Impact Assessment (LMIA). This is a document that shows that no Canadian worker or permanent resident (PR) is available to do the job.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm