Passport validity has a direct effect on how long Immigration, Refugees and Citizenship Canada (IRCC) issues work permits.

If a worker’s passport expires before the end of their planned stay, IRCC will issue a work permit that ends on the passport’s expiry date.

For this reason, foreign nationals planning to work in Canada should make sure their passport is valid for the full length of their intended stay.

Most work permits are usually issued for one to three years.

This article explains the common mistake that can cause work permits to expire earlier, how IRCC decides the length of a work permit and what steps to take if a permit is shortened because of passport expiry.

So, without further ado, let us begin!

How IRCC Decides The Length Of A Work Permit?

The Immigration and Refugee Protection Regulations (section 52 (1)) state that temporary residents must hold a valid passport or travel document for their entire stay in Canada.

This means that a worker cannot legally stay in Canada or continue working after their passport expires.

The length of time a temporary foreign worker can work in Canada usually depends on:

  • The job offer received from a Canadian employer
  • The work period listed on the Labour Market Impact Assessment (LMIA), if applying under the Temporary Foreign Worker Program (TFWP)
  • Passport validity

The last factor in this list is a common issue that many workers overlook. Many people focus on meeting job or program rules, but forget to check their passport expiry date. As a result, their work permit may end earlier than expected.

Note that for open work permits, the length of time depends on supporting factors such as the study period, spousal work permit validity, or the time allowed under a youth mobility agreement.

For TFWP-based work permits, IRCC officers generally issue a permit that matches the job length stated on the LMIA, as long as the passport remains valid for that full period.

For example, if an LMIA allows one year of work, but the worker’s passport expires in eight months, IRCC will issue a work permit valid for only eight months.

This rule also applies to post-graduation work permits (PGWPs). The length of a PGWP depends not only on the length and level of the study program, but also on the expiry date of the passport, whichever comes first.

The maximum length of a PGWP is three years for eligible graduates. However, if a graduate qualifies for a three-year PGWP but has a passport that expires sooner, the work permit will only be valid until the passport expires.

The good news is that there are options for people who receive a shorter work permit because of passport expiry.

What To Do If A Work Permit Is Shortened Due To Passport Expiry?

Before applying for a work permit, foreign nationals should check their passport validity carefully. To avoid problems, the passport should be valid for the entire period of the intended stay in Canada.

If the passport will expire too soon, it is best to renew it before submitting a work permit application.

Moreover, if a person is already working in Canada on a shortened work permit, they may apply for a work permit extension from within Canada so that it matches the remaining time on their job contract.

To do this, the worker must first renew the passport. In most cases, the worker can renew the passport while working in Canada. It is best to renew well before the work permit expires, to allow time for passport processing & delivery.

It is also important to understand the difference between LMIA validity and work permit validity. A positive LMIA is usually valid for six months. This means a foreign worker must apply for an LMIA-based work permit within that six-month period.

IRCC also notes that because LMIAs have limited validity, employers must apply for a new LMIA before a worker can extend their work permit under the Temporary Foreign Worker Program.

For LMIA-exempt work permits under the International Mobility Program, the employer must submit a new offer of employment and pay the compliance fee again, unless exempt.

Taking these steps can help ensure that a worker’s stay in Canada continues without interruption and matches the full length of their job or program.

Palina Immigration Consultancy, a Canadian immigration leader, promises excellence and tailored pathways for your Canadian journey. Get in touch with us at Palinaimmigration.com.