Extending a work permit in Canada: what you need to know

Extending a work permit in Canada: what you need to know

 

Do you use temporary foreign workers (TFWs)?

 

Maybe it's to fill a local labor shortage? In many cases, there are no other choices.

 

Or maybe because you had a great need for skilled or highly skilled employees to keep your business growing? It is certain that internationally trained workers (ITWs) can really bring "new blood" to an SME. These often come with different experience and expertise.

 

But what if you are very happy with your recruits and need their services for longer?

 

How to extend an existing work permit?

How do you change the conditions on their license if you want to assign them new tasks or working arrangements?

How to extend their stay in Canada if their passport or visitor visa is about to expire.

First and foremost, we must above all avoid the worst thing to do… Start the process at the last minute. Or after expiry of the work permit, passport or visitor visa.

 

You have a double challenge as an employer recruiting temporary foreign workers (TFWs)

Plan when your temporary foreign workers' work permits expire to renew them on time. In other words: ensure the follow-up of the file of all your short and long term TFWs.

Know exactly what to do to get the extension request going as quickly as possible. Which often feels like a real "obstacle course".

In principle, the request for an “extension” - or extension - of the work permit falls largely on your TFWs. But the ideal is to accompany temporary foreign workers through this complex process to minimize the risk of errors and unnecessary delays. It is as important to them as your business. This can make it easier for them - and give them peace of mind as well as yours.

 

In addition, you will also have to verify your compliance as an employer. This is your sole responsibility.

 

When to extend or renew a temporary foreign worker (TFW) work permit?

Your temporary foreign worker must extend or renew their permit if you want to:

 

employ him beyond the expiration date indicated on his current work permit;

hire him after he has worked for another employer in Canada;

offer him working conditions that differ from those on his current permit: new tasks or responsibilities, change in salary, other place of work, etc.

In other words: your TFW cannot continue - or start - working for you until they have received a work permit associated with the new working arrangements.

 

What if your TFW has an open work permit?

 

In this case, he does not need to have his license extended or renewed before starting to work for you or under the new working conditions you are offering him.

 

It is only as the expiry date of his open work permit approaches that he will have to start the accreditation process again.

 

3 essential things to know to renew a temporary work permit on time

The TFW must submit their application at least 30 days before the expiration date of their current license.

The TFW cannot extend their work permit beyond the expiration date of their passport.

The online processing time is normally 98 days.

What is your responsibility as the employer of a temporary foreign worker (TFW)

You will need to do this before your temporary foreign worker can have their work permit extended:

 

1. Check whether to request a new Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada.

 

2. If you don't need an LMIA, you should normally:

 

submit a new job offer;

pay the costs associated with employer compliance.

However, you will not have to do these 2 steps:

 

if your TFW has an open work permit;

if you are exempted from the process to comply as an employer.

The simplest and most advantageous for an SME that employs temporary foreign workers (TFWs)

As you can see, that's a lot to think about when it comes to extending a temporary work permit.

 

On the IRCC (Immigration, Refugees and Citizenship Canada) website, you will find a lot of information and the forms you need to apply. And it is true that requests made online will be processed faster. But this does not guarantee that your request will be processed: