Thousands of international workers successfully maintain employment during permit transitions using Canada's maintained status provisions
On This Page You Will Find:
- Complete guide to working legally while your permit application is processed
- Step-by-step timeline for applying before your PGWP expires
- Real employer documentation requirements and proof of work authorization
- Critical 90-day restoration window if you've already lost status
- Open Work Permit options and bridging permit eligibility
Summary:
If you're wondering whether you can continue working in Canada while your new permit application is being processed, the answer is yes—but only if you follow specific timing rules. This comprehensive guide reveals the exact steps to maintain your work authorization through implied status (now called "maintained status"), what documentation your employer needs, and the critical deadlines you cannot miss. Whether your PGWP is about to expire or you're planning your next immigration step, these rules could mean the difference between continued employment and a forced work stoppage.
🔑 Key Takeaways:
- You can work on implied status ONLY if you apply for a new permit before your current one expires
- Leaving Canada while on implied status will forfeit your right to continue working
- You have a 90-day restoration window if your PGWP already expired, but cannot work during this period
- Bridging Open Work Permits are available for those with pending permanent residence applications
- Apply at least 30 days before expiry to avoid processing delays that could interrupt work authorization
Maria stared at her calendar, her PGWP expiring in just three weeks. Her permanent residence application was still processing, and her employer had started asking questions about her continued work authorization. Like thousands of international workers across Canada, she found herself in that nerve-wracking limbo between permits—unsure if she could legally keep working while waiting for government decisions.
If you're in Maria's situation, you're not alone. The good news? Canada's immigration system does provide a pathway to continue working during application processing. The challenge? Understanding the precise rules and timing requirements that determine whether you can legally stay employed.
What Is Implied Status (Maintained Status)?
In 2021, Immigration, Refugees and Citizenship Canada (IRCC) changed the terminology from "implied status" to "maintained status," though the concept remains identical. This status acts as a legal bridge, allowing temporary residents to remain in Canada with the same conditions as their previous permit while IRCC processes their new application.
Think of maintained status as a temporary extension of your current authorization. If you had a Post-Graduation Work Permit that allowed you to work anywhere in Canada, you can continue working anywhere in Canada under maintained status. The conditions don't change—only the duration becomes uncertain, tied to processing times rather than a fixed expiry date.
Here's what many people don't realize: maintained status isn't automatic. It's triggered by specific actions you must take within precise timeframes.
The Golden Rule: Apply Before Your Permit Expires
The most critical factor determining your ability to work on maintained status is timing. You must submit your new work permit application before your current PGWP expires. This isn't a suggestion—it's an absolute requirement.
IRCC recommends applying at least 30 days before your current permit expires. Why the buffer? Processing times for receiving your acknowledgment of receipt can vary, and you need that acknowledgment as proof of your maintained status for employers.
Let's say your PGWP expires on March 15th. Your application deadline is March 14th at 11:59 PM Eastern Time. Submit it on March 16th, and you've lost your maintained status eligibility entirely.
What Happens When You Apply on Time
When you successfully submit your application before expiry, several things happen automatically:
- Your legal status in Canada continues under the same conditions
- You can continue working for any employer (if you had an open work permit)
- You remain in Canada legally until IRCC makes a decision
- You receive an acknowledgment of receipt that serves as proof for employers
Working Rights Under Maintained Status
The beauty of maintained status is its simplicity: you can continue doing exactly what your previous permit allowed. If your PGWP gave you unrestricted work authorization across Canada, maintained status preserves that same freedom.
However, there's one major restriction that catches many people off guard: you cannot leave Canada while on maintained status if you want to continue working.
This travel restriction exists because maintained status only applies while you're physically in Canada. Leave the country, and you forfeit your right to work until IRCC approves your new application. When you return to Canada, you'll need to wait for the actual permit approval before resuming employment.
For many workers, this travel restriction creates difficult decisions around family visits, business trips, or emergencies abroad. The choice becomes: travel and lose work authorization, or stay in Canada and maintain employment rights.
Documentation Your Employer Needs
Your employer will need specific documentation to verify your continued work authorization. The primary document is your acknowledgment of receipt from IRCC, which you receive after submitting your application online.
This acknowledgment serves multiple purposes:
- Proves you applied before your permit expired
- Confirms your maintained status
- Provides employers with legal justification for continued employment
- Shows the application type and submission date
Some employers may also request a copy of your expired PGWP alongside the acknowledgment of receipt. This combination clearly shows the transition from your original permit to maintained status.
If you received a WP-EXT for PGWP (IMM 0127 E) letter from IRCC, include this as well. This letter specifically addresses work authorization during processing periods, even if its 180-day validity period has expired.
What If Your PGWP Already Expired?
If you're reading this and your PGWP has already expired, you're not completely out of options—but your situation is more complicated and restrictive.
Canada provides a 90-day restoration period from the day you lost legal status. During this window, you can apply to restore your status and simultaneously apply for a new work permit. However, you cannot work legally during this restoration period. You must stop working immediately and cannot resume until IRCC approves both your restoration and new permit applications.
The restoration process requires:
- Explanation of why you fell out of status
- Payment of restoration fees (in addition to regular application fees)
- Strong justification for the delay in applying
Restoration applications face higher scrutiny and longer processing times. IRCC wants to understand why you didn't apply before your permit expired, and weak explanations can lead to refusals.
Open Work Permit Options After PGWP
For most PGWP holders, the Bridging Open Work Permit (BOWP) represents the most viable option for continued work authorization.
Bridging Open Work Permit (BOWP)
The BOWP specifically targets individuals who have already applied for permanent residence and meet specific eligibility requirements. This permit allows continued work across Canada while your permanent residence application processes—which can take 12-18 months or longer.
BOWP Eligibility Requirements:
- You must have a pending permanent residence application
- Your current work permit must be expiring within four months
- You must be physically present in Canada
- You must have maintained legal status
The BOWP essentially bridges the gap between temporary and permanent status, preventing employment interruptions during lengthy permanent residence processing times.
Other Open Work Permit Categories
Depending on your circumstances, other open work permit categories might apply:
- Spouse/partner of a skilled worker
- Spouse/partner of an international student
- Protected persons and refugee claimants
- Working holiday program participants
Each category has specific eligibility requirements and application processes, but the maintained status rules remain consistent across all work permit types.
Common Mistakes That Cost Work Authorization
Mistake #1: Waiting Until the Last Minute Applying on your permit's expiry date creates unnecessary risk. System outages, payment processing delays, or document upload issues could push your application past the deadline.
Mistake #2: Assuming Automatic Extensions Some workers mistakenly believe their permits automatically extend during processing. Without proper application submission before expiry, no such extension exists.
Mistake #3: Traveling Without Understanding Consequences Many workers learn about travel restrictions only after leaving Canada and losing their work authorization.
Mistake #4: Inadequate Employer Communication Failing to provide proper documentation to employers can result in work suspension, even when you have legal authorization.
Mistake #5: Mixing Up Application Types Applying for a study permit instead of a work permit might maintain your legal status in Canada, but eliminates your work authorization.
Timeline Planning Strategy
Successful navigation of the permit transition requires strategic timeline planning. Here's a proven approach:
4-6 Months Before Expiry:
- Assess your permanent residence application status
- Determine which open work permit category applies
- Gather required documentation
- Consider professional immigration assistance
2-3 Months Before Expiry:
- Complete application preparation
- Ensure all documents meet IRCC requirements
- Prepare employer notification materials
30-45 Days Before Expiry:
- Submit your application
- Receive and save acknowledgment of receipt
- Notify your employer of maintained status
- Provide required documentation
After Submission:
- Monitor application status regularly
- Maintain all documentation
- Avoid international travel
- Prepare for potential IRCC requests for additional information
Processing Times and Expectations
Open work permit processing times vary significantly based on application type, time of year, and IRCC workload. Current processing times range from 2-6 months for most open work permit categories.
During peak application periods (typically late spring and early summer when many PGWPs expire), processing times often extend beyond published estimates. This unpredictability makes early application submission even more critical.
IRCC provides regular processing time updates on their website, but these represent averages rather than guarantees. Your application could process faster or slower than published estimates.
Working With Employers During Transition
Many employers lack familiarity with maintained status rules, creating potential complications for workers. Proactive communication prevents misunderstandings and work interruptions.
Key Points to Communicate:
- Maintained status provides legal work authorization
- The acknowledgment of receipt serves as proof
- Work authorization continues until IRCC makes a decision
- No employment restrictions change during maintained status
Some employers may request legal verification of maintained status rules. IRCC's website provides employer resources explaining work authorization during application processing periods.
Provincial Considerations
While work authorization falls under federal jurisdiction, some provinces have specific requirements for professional licensing, healthcare coverage, or other services that might be affected during permit transitions.
For example, some provincial health insurance programs have specific rules about coverage during maintained status periods. Research your province's requirements to avoid service interruptions.
Professional licensing bodies may also have different policies regarding license renewals during permit processing periods. Contact relevant professional associations early in your planning process.
When Things Go Wrong
Despite careful planning, complications can arise during the permit transition process. Common issues include:
Application Returns: IRCC may return incomplete applications, potentially causing status loss if the return occurs after permit expiry.
Additional Document Requests: IRCC might request additional documentation during processing, extending timelines.
Processing Delays: Applications may exceed published processing times, extending maintained status periods indefinitely.
Employer Concerns: Some employers may become uncomfortable with extended maintained status periods and seek legal advice.
Having contingency plans for these scenarios protects your employment and legal status in Canada.
The key to successfully working in Canada during permit transitions lies in understanding the rules, timing your applications correctly, and maintaining clear communication with employers. Maintained status provides a valuable bridge between permits, but only for those who navigate the system's specific requirements.
Your work authorization doesn't have to end when your PGWP expires. With proper planning and timely application submission, you can maintain employment while pursuing your long-term immigration goals in Canada. The 30-day buffer before permit expiry isn't just a suggestion—it's your insurance policy against employment interruption and status loss.
Remember: immigration rules change, processing times fluctuate, and individual circumstances vary. When in doubt, consult with qualified immigration professionals who can provide personalized guidance for your specific situation.
FAQ
Q: Can I continue working in Canada if my PGWP expires while my new work permit application is being processed?
Yes, you can continue working in Canada under "maintained status" (formerly called implied status), but only if you submit your new work permit application before your current PGWP expires. This is an absolute requirement with no exceptions. You must apply by 11:59 PM Eastern Time on the day before your permit expires. For example, if your PGWP expires on March 15th, you must submit your application by March 14th at 11:59 PM. IRCC recommends applying at least 30 days before expiry to account for potential system delays or processing issues. Under maintained status, you retain the same work authorization as your previous permit, so if you had an open work permit allowing you to work anywhere in Canada, those conditions continue until IRCC makes a decision on your new application.
Q: What documents do I need to show my employer to prove I can legally continue working on maintained status?
Your primary document is the acknowledgment of receipt from IRCC, which you receive after submitting your online application. This acknowledgment proves you applied before your permit expired and confirms your maintained status. Many employers also request a copy of your expired PGWP alongside the acknowledgment to show the transition between permits. If you received a WP-EXT for PGWP (IMM 0127 E) letter from IRCC, include this as well, even if its 180-day validity period has expired. The acknowledgment of receipt serves as legal justification for your employer to continue your employment and shows the application type and submission date. Some employers unfamiliar with maintained status rules may seek legal verification, so be prepared to direct them to IRCC's employer resources that explain work authorization during application processing periods.
Q: Can I travel outside Canada while working on maintained status?
No, you cannot leave Canada while on maintained status if you want to continue working. This is a critical restriction that many workers don't realize until it's too late. Maintained status only applies while you're physically present in Canada. If you leave the country, you forfeit your right to work and cannot resume employment until IRCC approves your new permit application. When you return to Canada, you'll need to wait for actual permit approval before working again. This travel restriction often creates difficult decisions around family visits, business trips, or emergencies abroad. You must choose between traveling and losing work authorization, or staying in Canada to maintain employment rights. This rule applies regardless of how long you plan to be outside Canada – even a short trip will terminate your maintained status and work authorization.
Q: What happens if my PGWP already expired and I missed the deadline to apply for a new permit?
If your PGWP has already expired, you have a 90-day restoration window from the day you lost legal status, but you cannot work during this period. You must stop working immediately and cannot resume until IRCC approves both your restoration and new permit applications. The restoration process requires paying additional restoration fees beyond regular application costs, providing an explanation of why you fell out of status, and strong justification for the delay. Restoration applications face higher scrutiny and longer processing times because IRCC wants to understand why you didn't apply before expiry. Weak explanations can lead to refusals. During the restoration period, you can remain in Canada but have no work authorization. This situation is much more restrictive and complicated than maintained status, which is why applying before your permit expires is crucial.
Q: What is a Bridging Open Work Permit (BOWP) and how does it work with maintained status?
A Bridging Open Work Permit (BOWP) is specifically designed for individuals with pending permanent residence applications whose current work permits are expiring within four months. The BOWP allows continued work across Canada while your permanent residence application processes, which can take 12-18 months or longer. To be eligible, you must have a pending permanent residence application, be physically present in Canada, have maintained legal status, and apply before your current permit expires. The BOWP essentially bridges the gap between temporary and permanent status, preventing employment interruptions during lengthy permanent residence processing times. If you apply for a BOWP before your PGWP expires, you can work on maintained status while the BOWP application processes. Once approved, the BOWP provides a new permit with its own expiry date, giving you more certainty than indefinite maintained status.
Q: How long does maintained status last and what are the current processing times for open work permits?
Maintained status lasts until IRCC makes a decision on your new work permit application – there's no predetermined end date. Current processing times for open work permits range from 2-6 months, but these are averages that can vary significantly based on application type, time of year, and IRCC workload. During peak periods (typically late spring and early summer when many PGWPs expire), processing times often exceed published estimates. This unpredictability makes early application submission crucial. While waiting, you can continue working under the same conditions as your previous permit. IRCC provides regular processing time updates on their website, but your application could process faster or slower than estimates. Some workers remain on maintained status for 6+ months during busy periods, which is why having proper documentation and employer communication is essential for extended waiting periods.
Q: What are the most common mistakes that can result in losing work authorization during the permit transition?
The most critical mistake is waiting until the last minute to apply – system outages, payment delays, or document upload issues could push your application past the deadline. Many workers incorrectly assume their permits automatically extend during processing, but without proper application submission before expiry, no extension exists. Traveling outside Canada without understanding you'll lose work authorization is another costly error. Inadequate employer communication can result in work suspension even when you have legal authorization. Some applicants mistakenly apply for study permits instead of work permits, which maintains legal status in Canada but eliminates work authorization. Failing to gather proper documentation or applying for the wrong permit category can cause delays or refusals. To avoid these mistakes, start planning 4-6 months before expiry, apply 30-45 days before your permit expires, ensure you have all required documents, communicate clearly with your employer, and avoid international travel during maintained status.
