The process of extending a work permit in Canada can be intricate, necessitating meticulous consideration of numerous regulations and procedures. It is crucial to comprehend the available options for work permit extensions in Canada. Given the recent limitations placed on LMIA applications, extending a work permit has become increasingly difficult. This document outlines the essential steps and possible obstacles individuals may encounter when attempting to extend their work permits in Canada across different categories, beginning with the most sought-after option: an Open work permit.
Open Work Permit:
An open work permit enables individuals to work for any employer in Canada, rather than being restricted to a specific position. This permit can be acquired through several avenues, including the Bridging Open Work Permit (BOWP) while awaiting the processing of permanent residency. If you have received an Acknowledgement of Receipt (AOR) from IRCC, it indicates that your application is under review, and you may qualify for a BOWP to maintain employment during the waiting period for your permanent residency decision. Furthermore, individuals currently in Canada who have applied for a Spousal Open Work Permit are also eligible to apply for this type of work permit. The typical processing duration is approximately 6 to 7 months.
High Wage LMIA
If you received a high-wage employment offer, you are the ‘lucky one’! The high wage depends on the province, and we described all the rules in our earlier blog: The Labour Market Impact Assessment (LMIA) changes 2024 – Premier Immigration Services
We recently noticed that ESDC Officers are rigorous when assessing these applications. The employer has to demonstrate reasonable employment needs, usually provide a corporate structure, and the income level among other workers in the same position. The LMIA processing time takes 3-4 months.
Low Wage LMIA
Currently capped at 10% and only available in areas where the unemployment rate is less than 6%. In addition, the employment duration has decreased from two to one year. We previously described all rules and regulations regarding this stream: Low Wage LMIA Census Metropolitan Area Unemployment Rates – Premier Immigration Services
Seasonal LMIA
Seasonal roles, which last under 270 days, are typically not subject to the cap on low-wage positions within Canada’s Temporary Foreign Worker Program (TFWP). Consequently, employers are permitted to recruit seasonal foreign workers without being bound by the 10% limit that is applicable to other low-wage roles. A role is classified as seasonal when both the industry and the occupation undergo considerable variations in labor demand during peak and off-peak seasons, usually occurring around the same time each year.
Francophone Mobility Program
An increasing number of applicants in Canada have begun to learn the French language as a means to not only extend their work permits but also to apply for Permanent Residency. To be eligible, one must demonstrate the intention to reside and work in one of the nine Canadian provinces or three territories outside of Quebec, and must provide evidence of intermediate proficiency in speaking and listening skills in French, which corresponds to a level 5 or higher on the Niveaux de compétence linguistique canadiens (NCLC) scale. Additionally, it is necessary to secure a job offer that falls under any category of Training, Education, Experience, and Responsibilities (TEER) within the National Occupational Classification (NOC) system, unless the job offer pertains to a primary agriculture occupation classified under TEER 4 and 5.
Maintained status and health insurance
The maintained status, formerly referred to as ‘implied status,’ permits individuals to reside and work in Canada while their application for a new work permit, study permit, or visitor visa is under review. This status is automatically conferred if an application to extend or modify a permit is submitted prior to its expiration. Canada offers a publicly-funded healthcare system, where eligible individuals do not incur costs for the majority of healthcare and hospital services, as these expenses are covered by provincial health insurance plans, primarily funded by taxpayers. However, it is important to note that not all immigrants to Canada qualify for these provincial health insurance plans. Eligibility for provincial health insurance coverage is regulated at the provincial level. Your eligibility differs depending on your province of residence and your immigration status.
Work permit processing time
Current wait time for the work permit inside Canada is 238 days Check processing times at IRCC – Canada.ca . This works to the benefit of applicants without LMIAs due to delays of those applications, but can cause stress to applicants with approved LMIAs. To reconfirm, persons under maintained status will lose that status once they exit Canada.
