How to Extend Your Canadian Work Permit | Canada Immigration Updates

Understanding LMIAs and CAQs

Labour Market Impact Assessment (LMIA):

• Purpose: An LMIA is a document that Canadian employers must obtain from Employment and Social Development Canada (ESDC) to hire temporary foreign workers. It ensures that the hiring of a foreign worker will have a positive or neutral impact on the Canadian labour market, rather than a negative one.
• Process: The employer submits the LMIA application to ESDC, which evaluates whether there are Canadians or permanent residents available to do the job. If the assessment is positive, ESDC issues the LMIA, which the worker can use to apply for a work permit.

Certificat d'Acceptation du Quebec (CAQ):

• Purpose: The CAQ is issued by the Government of Quebec to foreign workers and international students who meet specific provincial admission criteria. This document is necessary for those intending to work or study in Quebec.
• Process: Quebec-based employers must secure a CAQ for their foreign workers in addition to the LMIA. The CAQ ensures that the foreign worker's presence aligns with Quebec’s immigration objectives.

How to Extend Your Work Permit Without a New LMIA and CAQ

Eligibility for Extension:

• Foreign workers can apply to extend their work permit if the current permit is set to expire within two weeks of the application date. This ensures continuity of legal status while awaiting the new LMIA and CAQ.

Required Documentation and Proof: When applying for a work permit extension without the new LMIA and CAQ, you must include the following:

1. Proof of a Valid Job Offer:

   • This confirms that you have ongoing employment in Canada and that your employer supports your continued stay.

2. Proof of LMIA/CAQ Request:

   
   
   • Copy of Applications: Upload a copy of the submissions for both the LMIA and CAQ applications. This can include screenshots or PDF versions of the completed application forms.
   • Receipt Confirmation: If applying online, provide a copy of the receipt or confirmation number received when the LMIA and CAQ applications were submitted.
   • Details in Application Form: In the “Details of Intended Work in Canada” section of the work permit application, include:
     • The date when the LMIA and CAQ requests were sent.
     • The office to which the requests were sent.
     • The employer’s name.
     • The confirmation number for submission (if available).

3. Special Instructions for Quebec Applicants:

   • If applying for an extension of a Quebec work permit online, you will need to upload a copy of your CAQ. If the new CAQ is not yet available, you can upload the CAQ receipt confirmation number or a copy of the CAQ application itself.

Post-Application Steps

Submission of New LMIA and CAQ:

• Within 60 days of IRCC receiving your work permit extension application, you must submit proof of your new LMIA and CAQ. This ensures that IRCC has the necessary documents to fully process your extension request.

Consequences of Delayed Submission:

• Failing to provide the required proof of LMIA and CAQ within the specified time frame may result in the refusal of your work permit application. It is crucial to monitor the status of these documents and submit them as soon as they are received.

Maintained Status:

If you submit your work permit extension application before your current permit expires, you will maintain legal status in Canada until a decision is made on your extension. This is known as “maintained status,” allowing you to continue working under the conditions of your original permit.

Consulting an Immigration Lawyer:

Given the complexities involved in extending a work permit, especially when awaiting key documents, it is advisable to consult with an immigration lawyer or a reputable immigration consultancy such as Brain Drain Consultants. Our professionals can provide personalized guidance, ensure that all necessary documents are correctly submitted, and help navigate any challenges that arise during the application process.

Extending an expiring work permit without a new LMIA or CAQ requires careful attention to detail and timely submission of proof. By following IRCC’s guidelines and ensuring that all necessary documentation is provided, foreign workers can maintain their legal status in Canada and continue their employment seamlessly. Consulting with an immigration lawyer can further enhance the chances of a successful extension application, providing peace of mind during this critical period.