Your work permit expired in Canada: what you can still do

The short answer

If your work permit expired less than 90 days ago, you may be able to apply to restore your status from inside Canada, with a restoration fee and a $155 work permit fee. While that is decided you should not count on being able to work.

90 daysafter losing status, the window to apply for restoration

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The details, from official sources

A new employer-specific permit usually needs an LMIA; the Global Talent Stream is an LMIA stream with a 10 business day standard, but only for certain employers and roles.

This is the situation where people feel most alone: the permit ran out, the employer is unsure, the old consultant stopped answering, and every option seems to take longer than the time left. The good news is that the rules are clearer than they feel. What you can do depends mostly on one date and one employer.

The date your permit expired decides which doors are still open. If you applied for an extension before it expired, you are in a different and much better position than if you did not.

Restoration has to be filed from inside Canada, within 90 days of losing status, with an explanation of what happened. It is not automatic: IRCC still has to agree that you meet the requirements of your stay.

Where you stand depends on the date
  1. Best case

    Before it expires: apply to extend

    Applying before the expiry date generally lets you stay, and keep working under the same conditions, while the new application is decided.

  2. Day 1 to 90

    Expired less than 90 days ago: restoration

    You may apply to restore your status from inside Canada, paying the restoration fee and the work permit fee ($155). Plan as if you cannot work until it is approved.

  3. Meanwhile

    On a visitor record

    You can remain as a visitor, but a visitor record does not let you work. The work question is solved by a new work permit, which usually needs an employer.

  4. After day 90

    More than 90 days ago

    Restoration is no longer possible. People in this spot usually need advice on leaving and applying from outside, or on any special route that may apply to them.

Source: IRCC Guide 5553, applying for a work permit inside Canada

Most employer-specific work permits need a Labour Market Impact Assessment (LMIA) first: the employer proves to Employment and Social Development Canada that hiring you does not hurt Canadian workers. A regular LMIA usually means advertising the job and waiting, which is why it feels impossible when your status has already run out.

The Global Talent Stream is a faster LMIA stream for highly skilled roles. Category A is for employers referred by a designated partner who need unique and specialized talent. Category B is for roles on the Global Talent occupations list, mostly in tech. Service Canada's standard is a decision in 10 business days, 80% of the time, and the employer commits to a Labour Market Benefits Plan.

Global Talent Stream at a glance

A common trap: the employer you have is willing but does not qualify for the stream that would be fast enough, or cannot meet its wage and benefits commitments. That does not mean you have no options. It means the employer, the province or the route needs to change.

Provinces run their own nominee programs, several with streams for tech and in-demand jobs, and some candidates can also use Express Entry if they already have a year of skilled Canadian work. A licensed consultant who works with other employers or other provinces can sometimes see a door your current one cannot.

If the fast lane is closed with this employer
  • Your role is a highly skilled tech job

    Ask whether another employer could hire you through the Global Talent Stream

  • You have 12 months of skilled work in Canada

    Check the Canadian Experience Class in Express Entry

  • Your skills are in demand in another province

    Look at that province's nominee streams, many tied to a job offer there

  • Your spouse holds a qualifying permit

    Check whether a spousal open work permit could apply to you

Under stress, people make the moves that turn a fixable case into a refusal. Working without authorization, missing the 90-day line by a few days, or leaving out an earlier refusal are the usual ones.

Avoid these
  • Working while you have no status or authorization: it can block the very permit you are applying for.
  • Letting the 90-day restoration window pass while waiting for an employer to decide.
  • Leaving out a past refusal or a gap in status. False or missing information can lead to refusal even if the mistake was not intentional. Federal Court, 2017 FC 153

Explain your situation once, in your own words, including what went wrong. Migrossa reads it against the official rules, shows which doors may still be open and what each one needs, and prepares your file. When it is time to file, a licensed consultant checks your documents and represents you. If the consultant you have cannot see a way forward, we can connect you with consultants in our network who work with other employers and provinces.

Common questions

Plan as if you cannot. Applying after your permit expired does not give you the same protection as applying before it expired. Confirm your own case with a licensed consultant.

No. Category A needs a referral from a designated partner, and Category B covers roles on the Global Talent occupations list, mostly in tech. The employer also commits to a Labour Market Benefits Plan.

Restoration is generally no longer available. People in this situation usually need a licensed consultant to look at leaving and applying from outside, or at any special route that may apply.

When you are ready

See how this applies to your own case

Tell us your situation in your own words. We read it against the official rules and show which routes may fit and what to check first. Free to start, no card.

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