How To Renew Work Permit In Canada For Refugee Claimant

In last post, I show you step by step guide how to apply for work permit in Canada. You can read that at this link here. In the second post, now we will see how to renew work permit for refugee claimants in Canada.

If you claim refugee status in Canada, you may be granted work permit. However, work permits are usually valid only till the time your refugee claim is being processed. So, if you want to renew your work permit after expiration of the old one, then you need to submit a renewal application. Here’s what you can do to make this process hassle-free.

If you are a refugee in Canada and planning to renew your work permit (LP-LAV) then you should know that the present document is only be issued for work or study, not both. The linkage between the two programs has created some confusion that needs to be clarified. If you’d like to apply for renewal, there are certain steps to follow:

How To Renew Work Permit In Canada For Refugee Claimant

The inability to work legally in Canada is a huge problem for refugee claimants. The government has enacted policies and programs to manage this problem. Unfortunately, these are not always effective and may even hurt you. Here’s the scoop:

This is not a legal document. The explanations and definitions are not legal definitions. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails.

For legal information, see the:

• Immigration and Refugee Protection Act
• Immigration and Refugee Protection Regulations

This information will help you complete the forms and guide you through the application process.

Alternative formats

If you can’t apply online or use the forms mentioned in this guide because of a disability, you can ask for other formats including large print and braille. Contact the Client Support Centre (in Canada only) or submit a Web form for other formats.

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Overview

This guide is designed to help you determine if you are eligible to apply for an extension of your work permit or change conditions of your stay in Canada, including applying for an initial work permit (see the section Who may apply for a work permit from within Canada?).

Biometric (fingerprints and photo) requirements

As of December 3, 2019, you need to give biometrics when you apply from within Canada. You can go to a designated Service Canada location.

Find out if you need to give biometrics.

When to give your biometrics

You only need to give your biometrics once every 10 years. You don’t need to give your biometrics again until the 10-year period expires.

If you gave biometrics in the past as part of an application for a visitor visa, work or study permit and they are still valid, you don’t need to give them again for this application.

Find out if your biometrics are still valid and when they expire by using the Check Biometric Status Tool.

Where to give your biometrics

You need to book an appointment to give your biometrics at one of these official biometric collection service points.

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Determining eligibility

Workers are a class of temporary resident who are legally authorized to enter Canada temporarily to work. They are subject to various conditions.

This application guide is for temporary residents who are already in Canada and wish to:

• extend their stay as a worker;
• change conditions of their stay as a worker;
• change their class to include permission to work; or
• correct problems in their status.

If you are currently working in Canada and want to change conditions on your work permit (e.g. change length, employer or occupation), you must apply and obtain a new work permit. You should apply before making the change. For any permit, you should always apply at least 30 days before your status expires.

Normally, a work permit must be applied for prior to coming to Canada. Only in a few special circumstances presented in this guide can an initial work permit be applied for within Canada:

• you presently hold a valid study or work permit;
• you are the spouse of a study or work permit holder;
• you were previously authorized to work without a permit;
• you presently hold a valid Temporary Resident Permit;
• you are a refugee claimant or an applicant for permanent residence in Canada under section 207 of the IRPR, or
• you are a trader or investor, intra-company transferee or professional under the Canada-United States-Mexico Agreement (CUSMA).

Note: The validity of your work permit cannot exceed the validity of your passport. Therefore, you should ensure that your passport will be valid for a longer period than your requested extension.

Loss of temporary resident status:

You lose your temporary resident status and authorization to work if your status has expired, you did not comply with all of the conditions on your permit or you have worked or studied without a required permit. If you have lost your status, you may have committed an offence under the Immigration and Refugee Protection Act and could be subject to an admissibility hearing that could lead to your removal from Canada.

If your temporary resident status expired and you wish to stay in Canada, you may apply for restoration of status within 90 days of your permit expiry date or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status.

It is illegal to remain in Canada beyond the validity of your status in Canada.

It is illegal to work without a required work permit.

It is illegal to study without a required study permit.

Important: Applying for more than one service at the same time

You may apply for a study permit by completing the IMM 5709 form. Details and instructions on how to apply for a study permit from within Canada may be obtained by visiting our web page Applying to Change Conditions or Extend Your Stay in Canada as a Student.

After reading this guide, if you believe you are eligible to apply then you should proceed as instructed below:

• Gather all the necessary documents. They are listed on the Document Checklist [IMM 5556](PDF, 0.82 MB).Note: You will receive a personalized document checklist when you apply online.
• Pay the fees.
• Fill in the forms carefully and completely. Keep a copy for your records.
• Sign and date your forms.
• Submit your application, required fees and all supporting documents online.

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Processing times for your application

The Case Processing Centre will review your application to determine if it is complete.

Note: If your application is rejected as “incomplete”, it is considered to have never been submitted and therefore you would not be able to maintain your status. If you reapply after your current status has expired, you will need to apply for restoration of status. See the section Restoration of Status.

If your application is complete, the Case Processing Centre will send you either:

• a visitor record, a new work permit or a new study permit; or
• a letter refusing your application; or
• notification that your application has been referred to a local Canada Immigration Centre for further assessment.

If your application is referred to a local office, they will contact you to obtain additional information or clarification and if required, invite you to an interview. It may take up to three months for them to contact you.

Once they receive the additional information or clarification, the local office will complete the final stages of processing. The local office will notify you by mail of their decision.

Note: The Case Processing Centre receives large volumes of applications in the temporary resident categories each year. It is recommended that you apply at least 30 days before the expiry of your current document. However, you may want to apply in advance of this recommended period since processing times vary. Check our current processing times.

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Status in Canada

Who receives temporary resident status?

All persons coming to Canada who are not Canadian citizens or permanent residents can request to enter as visitor, student or worker. When they enter Canada they are given temporary resident status for a limited period of time.

How do I know the expiry date of my temporary resident status?

Temporary residents travelling with passports:

When you arrived in Canada and gave your passport to the officer, they authorized your stay by placing a stamp in your passport and/or issuing an additional document. Check your passport. If you find a stamp, it should look like one of these.

For example, if the officer specified a date as shown in the above illustration, your temporary resident status would expire on June 30^th, 1993.

If there is no stamp, a handwritten date or document in your passport, your temporary resident status will expire six months from the day you arrived in Canada.

If you were given a visitor record, study or work permit, the expiry date is marked on the document.

When applying to change conditions or extend your stay in Canada, you are required to submit photocopies of passport pages clearly showing the stamp made by Canadian authorities on your most recent entry to Canada.

Note:

• For applicants who require a Temporary Resident Visa (TRV) to enter Canada: The renewal of a work permit does not affect your TRV. If you wish to leave and re-enter Canada, it is your responsibility to make sure your TRV stays valid. If you currently reside in Canada and would like to get a new TRV, you must apply for a TRV to the Case Processing Centre – Ottawa before leaving. If you decide to leave, you must apply for and obtain a TRV abroad by applying to a Canadian migration office (see Application for a Temporary Resident Visa).
• For applicants who require an Electronic Travel Authorization (eTA) to enter Canada: As of May 1^st, 2017, an eTA is automatically issued to you with the renewal of your work permit. However, if you plan to leave and return to Canada by air before you renew your permit, you must apply for an eTA separately.
• As of May 1^st, 2017, eligible citizens of select visa-required countries will receive an eTA when they renew their work permit. The eTA may be used to travel to Canada by air only. Visit Electronic Travel Authorization for more information.

Travelling outside Canada while your work permit is being processed:

If you have applied to extend your work permit and plan to travel outside Canada while your application is in process, you can leave and come back. However, one of three things will happen when you return to Canada:

• If we haven’t made a decision on your work permit, you may be allowed to come back to Canada as a visitor. If this is the case, you can’t work until you get your new work permit. The officer at the port of entry may ask you to prove that you have enough money to support yourself in Canada.
• You may be allowed to come back to Canada as a worker, if the officer at the port of entry determines that we issued your work permit while you were away.
• You may be asked to apply for a new work permit at the port of entry.

Note:

It’s possible that you will not be able to enter Canada. The final decision is always made by the officer at the port of entry.

Citizens of the United States (U.S.) do not require passports or travel documents to enter or return to Canada. As of April 26, 2022, lawful permanent residents of the U.S. no longer require an eTA if they are travelling to Canada by air, including if they are entering Canada from the U.S. or St. Pierre and Miquelon. Both U.S. citizens and lawful permanent residents of the U.S. must provide documentary proof of citizenship or permanent residence such as a national identity card or an alien registration card.

May I leave, then re-enter Canada, if I still have a valid work permit?

Yes. To return to Canada to work, you must have a valid travel document.

A work permit is not a travel document. It does not give you the authorization to travel to Canada. Along with your permit, you need one of the following documents:

• a Temporary Resident Visa (TRV) or
• an Electronic Travel Authorization (eTA) or
• proof of lawful permanent residence status of the U.S. (e.g. green card)

Having an eTA, a visa or proof of lawful permanent residence status of the U.S, along with your work permit, does not guarantee that you can return to Canada. You must prove to the border services officer that you meet all the requirements before you can re-enter Canada.

If you’re from a visa-exempt country

Along with your work permit, you need:

• a valid passport and
• an Electronic Travel Authorization (eTA) (if you plan to travel to Canada by air)

If you received your initial work permit before August 1, 2015, you need to apply for an eTA if you don’t already have one.

If you received your initial work permit on or after August 1, 2015, you already have an eTA. We automatically issued it to you when we approved your initial work permit. It’s valid for 5 years or until your passport expires. See your letter of introduction for details.