Key Points at a Glance:
- You can continue working under maintained status if a valid WP extension is filed before expiry; even if it may later be refused.
- Restoration must be filed within 90 days of losing status and does not allow work while processing.
- More than one WP application can be in processing simultaneously while on maintained status. Work must stop if the first one is refused before the second is approved.
- Real case analysis below shows how status timing, eligibility, and legal technicalities affect your ability to work.
Many workers and international graduates in Canada face uncertainty about their ability to continue working if their work permit is about to expire or has been refused. A particularly confusing area is the grey zone between submitting a new application and receiving a decision, especially when eligibility is unclear, timelines are tight, or restoration is involved.
In this blog, we break down the legal framework for:
- Work permit extensions and eligibility
- Maintained status under IRPR s. 186(u)
- Restoration of status under IRPR s. 182
- How multiple applications interact
- When you must stop working
Real Case Breakdown (STAR Method): Maintained Status and Overlapping Work Permit Applications
This section is based on a real case handled by our office (details anonymized). It’s one of those situations that sounds simple on the surface, but becomes very technical once timelines and eligibility rules collide.
(S)ituation
The client was working in Canada on a valid work permit and had an OINP application under Employer Job Offer – Foreign Worker Stream in process. Their work permit was approaching expiry, and they were trying to avoid falling out of status or losing the ability to work while waiting for the OINP decision.
At that time, the client had not filed a PR application and therefore did not have an AOR (Acknowledgement of Receipt). This matters because most applicants don’t realize that a Bridging Open Work Permit (BOWP) — or a PNP-based work permit without an actual PNP nomination — is not granted based on “intention” or “a PNP in progress.” It is based strictly on eligibility rules and documentary requirements.
(T)ask
Our goal was to:
- Keep the client in legal status in Canada
- Maintain work authorization as long as legally possible
- Prepare a backup pathway for a valid work permit as soon as eligibility was triggered
- Avoid non-compliance issues that could trigger inadmissibility under IRPA s. 41 (non-compliance)
Important: Working without authorization or remaining out of status can trigger inadmissibility and negatively impact future applications. Read more here:
Inadmissibility in Canada.
(A)ction
We followed a strategic sequencing approach:
- Step 1: A work permit application was submitted before the original permit expired. This allowed the client to remain on maintained status and continue working under the same conditions while the application was in process (IRPR s. 186(u)).
- Step 2: While the first application was still processing, the client received a positive OINP decision. In this specific case, the nomination was under an OINP Employer Job Offer stream.
- Step 3: Since it was an employer-driven stream, the next step was NOT a BOWP. The employer had to meet requirements, and the file required a Work Permit Support Letter (and employer compliance steps/fee as applicable). Once this was in place, we submitted a second application, an employer-specific (closed) work permit.
- Step 4: At this point, the client had two work permit applications in process. This is allowed by IRCC. The key is that the second application must be filed before a negative decision is made on the first application.
Critical detail: The client was able to continue working only because the first application was submitted before expiry and they remained on maintained status while waiting for a decision.
(R)esult
The first work permit application was eventually refused. The moment that refusal was issued, the client’s ability to work ended immediately, even though the second application was still in process.
In other words:
- Maintained status continued until the refusal
- Work authorization ended on refusal
- Work could resume only after the second work permit approval
This is why these cases are high-risk: even when you do things correctly, processing timelines can create a gap that must be managed carefully.
Parallel Scenario (Academic Example): Express Entry vs Employer-Driven Streams
For academic purposes, it’s important to understand that the strategy differs depending on the stream.
- Employer Job Offer based (Non-Express Entry) PNP applicant: After nomination, the applicant may become eligible for a closed work permit supported by the province/employer process.
- Express Entry-based applicant: A BOWP is typically available only after PR submission and receiving AOR (and practically, after the file passes key completeness stages such as the R10 completeness check). We will cover R10 in a separate blog later as it deserves its own detailed breakdown.
Closed Work Permit VS BOWP (Quick Explanation)
- Closed Work Permit: tied to one employer; you can only work for that employer under those conditions.
- BOWP (Bridging Open Work Permit): not tied to an employer; designed to “bridge” certain PR applicants who already have a qualifying PR file in process.
Key Legal Points You Need to Know
If your work permit is refused, the next steps must be handled carefully to avoid compounding the issue. Work Permit Refusals & Next Steps.
See our detailed guide here:
| Scenario | Can You Work? | Notes |
|---|---|---|
| You apply for a valid work permit extension before your current permit expires | Yes | You are on maintained status (IRPR s. 186(u)). You may continue working under the same conditions until a decision is made. |
| You apply for a WP extension before expiry, but are technically ineligible (e.g., BOWP without AOR) | Yes – temporarily | Even if the application will be refused later, maintained status applies until the refusal decision. You may continue working under previous conditions in the meantime. Refer to IRCC processing timelines and plan ahead. |
| You apply for restoration of status + a new eligible work permit | No | Restoration must be filed within 90 days (IRPR s. 182). You can stay during processing but cannot work. These cases are high-risk because refusal may leave you out of status with no further restoration option. In certain high-risk situations, a person may require special permission to remain in Canada despite inadmissibility or loss of status. Learn more here: Temporary Resident Permit (TRP). |
| You’re on maintained status and apply for a second (eligible) work permit before a decision is made on the first | Yes | IRCC allows more than one WP application in process at the same time. As long as the first was filed before expiry and no refusal has been issued, you may continue working under the previous conditions. |
| Your first (extension) work permit is refused while a second is still in process | No | Even if a second WP is pending, work authorization ends immediately on refusal of the application that created maintained status. You must stop working until the second WP is approved. |
We receive many queries every month from workers and PGWP holders dealing with unique, high-risk status and work permit situations. If your work permit is about to expire, your maintained status is in question, or you’ve already lost status, understanding your next step before it’s too late is critical.
We’ve helped countless individuals in Canada protect their legal status, avoid serious consequences, and stay on track toward PR.
Talk to us today We’ll help you navigate the legal framework and explore every option available.
