This common mistake can lead to earlier work permit expiry

Passport validity directly impacts the validity period of work permits issued by Immigration, Refugees and Citizenship Canada (IRCC).

If a prospective worker's passport is set to expire before the end of their planned stay, the work permit will be issued with a shorter validity period.

Foreign nationals wishing to work in Canada should therefore ensure their foreign passport is valid for the entire duration of their intended stay.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

Most work permits are typically issued with a validity period of one to three years. 

This article will touch on how IRCC determines the length work authorization, as well as how to proceed if issued a work permit with a shortened validity period due to passport expiry.

Length of work permit issuance

The Immigration and Refugee Protection Regulations (section 52 (1)), state that temporary residents must have a valid passport (or other travel document) for the entire duration of their stay.

As such, a worker cannot continue working or stay in Canada past the date their passport expires.

The length of time temporary foreign workers can work in Canada is often dependent on the following:

• The job offer received from their Canadian employer;
• *The recommended work authorization period listed on the Labour Market Impact Assessment (LMIA), if applying under the Temporary Foreign Worker Program (TFWP) ; and/or
• Passport validity.

The latter in the above list is a common factor across all work permit types that many workers overlook, focusing instead on core eligibility factors—and as a result, their work authorization in Canada is cut short.

*Note that for open work permits, length of time of the supporting factors (study period, spousal work permit validity, period agreed upon in bilaterial youth mobility agreement, etc.) are considered.

For TFWP based work permits, IRCC officers generally issue work permits that match the work duration specified on an LMIA, if an applicant’s passport remains valid for the entire period.

For example, if an LMIA authorizes one year of employment, but a worker’s passport expires in eight months, the immigration officer will issue a work permit that is valid for eight months.

This will also be applicable to individuals seeking a post-graduation work permit (PGWP)—as the length of one’s PGWP is not only dependent on the level and duration of their study program, but also the expiry date of their passport (whichever comes first).

The maximum validity period of a PGWP is three years (for eligible student graduates); if a student graduate that qualifies for a three-year PGWP has a passport that expires before then, however, they will not get work authorization for three years—but rather up until their passport expires.

The important thing is that there are solutions for those who find themselves with shortened work permit validity periods.

What you can do if your work permit is cut short because of your passport

Before applying for a work permit, to avoid unnecessary limitations, foreign nationals seeking work authorization in Canada should make sure that their passport will remain valid for their entire intended stay.

If not, they should renew their passport before submitting an application.

If you’re already working in Canada on a shortened work permit, you can apply to extend your work permit from within the country so that it aligns with the time remaining on your job contract.

To do so, you will have to first renew your passport—which, you can do generally do while working in Canada. Doing so well in advance of your original work permit expiring is advised, to account for passport processing and mailing time.

Note that the LMIA validity period is different from the work authorization period granted by the document. Currently, all positive LMIAs are valid for six months, which means foreign need to apply for an LMIA-based work permit within this six-month timeframe.

IRCC notes that due to limited LMIA validity periods, before a worker can apply to extend their work permit, their employer must apply for a new LMIA from Employment and Social Development Canada (in the case of TFWP work permits).

For LMIA-exempt work permits (International Mobility Program), a new offer of employment must be submitted and the employer compliance fee must be paid again—unless an employer is exempt.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm