A work permit nearing its expiry date is a point where many Vietnamese workers in Canada — whether on an employer-specific work permit, an open work permit, or a bridging work permit while a permanent residence application is being processed — start to worry. The most common question is not "will I be approved," but rather: when should I apply, can I keep working while the application is in process, and what happens if the permit expires before I apply.
These questions have clear answers under Immigration, Refugees and Citizenship Canada (IRCC) rules. Because they directly affect legal status in Canada, getting a timeline wrong can have serious consequences — loss of the right to work, or even the need to leave Canada. This article sets out the mechanics as they currently stand under IRCC policy.
What Maintained Status Means
When a person holding a valid work permit applies to extend it (or to change its conditions) before the current permit expires, and remains inside Canada at the time of application, they automatically receive "maintained status" (formerly called "implied status"). While IRCC processes the application, the person may continue working under the same conditions as their previous permit — same employer, same job title, same location — until a decision is made.
Maintained status is not a new permit; it is an extension of the existing conditions while the application is pending. This means:
The worker cannot change jobs, employers, or working conditions during this period unless a new work permit application matching those conditions has been submitted and approved.
Leaving Canada while the extension is pending ends maintained status. Re-entry to resume work requires a valid work permit in hand, or one issued at the border in specific circumstances — a pending application alone is not sufficient.
When to Apply
IRCC does not set a mandatory minimum number of days before expiry to apply. However, processing times for work permit extensions vary by period and application type, and can range from several weeks to several months. Since maintained status only applies when the application is filed before the expiry date, the practical rule is to apply as early as possible once the required documents are ready — new employment contract, LMIA if required, proof of status — rather than waiting until close to the expiry date.
For employer-specific work permits requiring a new Labour Market Impact Assessment (LMIA), it is worth noting that LMIA processing times have been trending longer recently, so LMIA preparation and submission should be factored into the overall extension timeline well in advance, not treated as a separate, later step.
If the Permit Has Already Expired: Restoration of Status
If a work permit expires before an extension application is filed, the worker still has one option: apply for "restoration of status" within 90 days of the expiry date. A restoration application is typically submitted together with a new work permit application.
Two points are important to distinguish here:
While IRCC processes the restoration application, the worker may not continue working, unless the new work permit application falls under a specific exemption. This is a key difference from maintained status — restoration does not automatically authorize work while pending.
If more than 90 days pass from the expiry date without a restoration application, the person is no longer eligible to restore their status in Canada and must, in principle, leave the country before applying for a new work permit from outside Canada.
Common Mistakes
Several recurring mistakes cause problems for Vietnamese workers renewing their work permits:
Waiting until close to the expiry date to start preparing documents, when items such as a new LMIA or job offer letter can take significant time to finalize.
Traveling outside Canada, including back to Vietnam, while an extension application is pending, which interrupts maintained status and complicates re-entry.
Confusing maintained status (work authorized while pending) with restoration of status (work not authorized while pending, absent a specific exemption).
Not verifying that the conditions on the new work permit application match the actual job conditions before submitting.
What to Do Now
If your work permit has three to six months remaining, this is a reasonable point to start reviewing your situation: confirm the exact expiry date, confirm the type of permit held (employer-specific or open), determine whether a new LMIA is required, and prepare the online application through your IRCC account. If the permit has already expired, determine immediately how many days remain within the 90-day restoration window, and stop working until a new decision is issued, unless a specific exemption applies.
To understand more about Manitoba's provincial nomination pathways and which options fit your specific file, contact Nonsuch Immigration directly via Zalo 0946 749 585 or WhatsApp 204 963 9288.
Video summary
Start Your Journey
Your first step matters more than you think.
Book a free consultation and I'll assess your profile and recommend the most strategic pathway for your situation.