December 8, 2024

If you are an international graduate or temporary foreign worker in Canada and your work permit has expired or is expiring soon (especially as an international student/graduate) and you don’t have permanent residence yet, this is for you.

So many foreign nationals who have expired or expiring work permits are still transitioning or finding ways to transition to permanent residency in Canada. And with the end of the policy giving them a work permit extension, many are falling out of status without knowing what to do next.

If you fall in this category or know someone who is, these are ten (10) possible options to consider, or things to do. Share this with those who need it.

1) Remain on the right side of the law:

By all means, ensure you are not out of valid status. Maintain your status in Canada even if it means switching to a visitor record. You can apply for a visitor record before the work permit expires. Or if your work permit has expired, you have up to 90 days after the expiration to apply for restoration to a visitor record.

Read more about the restoration process here.

2) Apply for a provincial-based work permit extension:

Check with your province to see if you are eligible for a work permit extension based on applications for provincial nominee programs. Some provinces currently have an agreement with IRCC on this (e.g. Manitoba, Alberta, Yukon), and some have a work permit process of work-permit support letter for those who have a job offer in their province (e.g. Newfoundland and Labrador).

3) You may be eligible for a Bridging Open Work Permit (BOWP):

Depending on the stage of your permanent residence (PR) process, you may be eligible to apply for a Bridging Open Work Permit (BOWP) if you’ve already applied to one of the eligible PR programs.

A Bridging Open Work Permit (BOWP) lets you keep working while you wait for the results of your permanent residence application.

Check the BOWP details here.

4) Consider other types of work permits:

If you have a valid status in Canada, you can consider other types of work permits. E.g. A closed work permit (if you get a job offer supported by LMIA), or other work permits that are LMIA-exempt (e.g. the Francophone Mobility Program).

You can read more about some of these types of work permits here and see a list of jobs that do not need LMIA to apply for a work permit here.

5) Consider another temporary residence status:

If interested, you can apply for another temporary residence status. For instance, if you’re interested in further studies, you can apply for a study permit, which would give you the opportunity to have student working hours (20 hours per week when the school is in session and full-time when the school is on scheduled break).

Please note, for a postgraduate work permit holder, if you go back to school for a new program after a PGWP, you will not get another PGWP after completing that new program. This is because you’ve already gotten a PGWP before, and it is issued once in a lifetime.

6) Get relevant work experience OUTSIDE Canada:

Remaining in Canada does not stop you from working for another employer outside Canada. If you get a job outside Canada, and can work remotely (even while inside Canada), consider this. The experience will still count as foreign work experience for you, and can be used for your permanent residence application.

Prioritize job areas like the Express Entry category-based jobs that can be done remotely, working in these category-based areas can increase your chances of getting permanent residence because the cut-offs used for the category-based draws are comparatively lower.

You can read more about the category-based program of Express Entry here.

7) Spousal Sponsorship if you are the spouse of a Canadian Citizen or Permanent Resident:

If you are the Spouse or Common-Law Partner of a Canadian Permanent Resident or Canadian Citizen, they can also sponsor you directly for Permanent Residence. You don’t need a job offer, you don’t need work experience, you don’t need IELTS, and you don’t need a degree assessment for this.

Canadian citizens and permanent residents can sponsor their spouses, partners, or dependent children to become permanent residents of Canada. You will find more information about this here.

8) Additional Study for a Dependent Spouse:

If you are in Canada with your spouse or common-law partner, or you have a spouse or common-law partner who is interested in coming to Canada to study, you can also consider the study option for your spouse.

Depending on the program of study your spouse is planning to do in Canada, you may be eligible to switch to a spousal open work permit in Canada, while your spouse completes the program.

You can read more about eligibility for a spousal open work permit here.

9) Moving Out of Canada to get more work experience:

For some applicants, the viable option may be to move out of Canada to gather more work experience or to work in a priority area and reposition themselves for permanent residence in Canada. If you belong to this category, prioritize working in an in-demand area that will make you a choice candidate for the permanent residence program you want.

The category-based selection is a good example of this, you can work for 6 months in any of the priority areas and add it to your profile to boost your chances of returning to Canada as a permanent resident. You can read more about the category-based program of Express Entry here.

You will also remain eligible for the Canadian Experience Class (CEC) of Express Entry if you already acquired the required one-year of Canadian experience before leaving Canada.

10) Speak to a professional:

For individual-specific options, speak to a professional. Check for licensed consultants or immigration lawyers in good standing. Reach out to professionals, there may be other options available to you. Seek the right guidance from those who know more, and know your options before it is too late.

I hope someone finds this useful!

If you have questions on Career & Personal Development, Education Decisions, Global Opportunities, Building a Personal Brand, or related discussions, and want to reach out to us, click here.

NB: The posts and information on this website are not legal advice.

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