Expiring Work Permit in Canada? The Updated Maintained Status Rules & Your Status Extension & PR Strategy

Sep 11, 2025

If your Canadian work permit is expiring soon, you're likely feeling a mix of stress and anticipation as you plan your next steps. For years, temporary residents have relied on "maintained status" as a critical bridge. However, a significant change to these rules came into effect earlier this year, and we are already seeing some heartbreaking situations.


What used to be a common safety net strategy is no longer an option. For those of you in the Express Entry pool, waiting anxiously for a draw while your permit clock ticks down, understanding these changes isn't just important, it's essential to keeping your Canadian dream alive.


This guide will break down the new rules and provide a clear, strategic plan for Express Entry candidates or anyone with a work permit that is going to expire soon.


First, The Non-Negotiable Change: The New Maintained Status Rule


The game has changed. Before May 28, 2025, you could "stack" applications. You could apply for a work permit extension (Application #1), enter maintained status, and then apply for another work permit or visitor record (Application #2) as a backup. If Application #1 was refused, you were still legal under the maintained status from Application #2.


This is no longer possible.


Under the current rules (effective May 28, 2025):


  • If you are on maintained status from a first application and submit a second one, that second application is now linked to the first.

  • If your first application is refused, your second application will also be automatically refused and returned.

  • The only way for a backup application to be valid is if it was submitted before your original permit expired.


A Strategic Guide for Express Entry Candidates


Let's say you're in the Express Entry pool with a solid CRS score of 510-513. It's a good score, but not a guarantee in recent draws. Your work permit expires in four months. You need a rock-solid plan. This is where creating a "Plan A" and "Plan B" becomes crucial.


Your plans could include:


You can even submit applications for both an open and a closed work permit if you qualify. But here is the single most important lesson under the new rules:


The Golden Rule: Submit EVERYTHING Before Your Permit Expires


To create a true safety net for yourself, you must submit both your Plan A and Plan B applications before your current work permit expires.


Why is this so critical? Let's look at a scenario:


  • INCORRECT STRATEGY: Your permit expires October 31. You submit your BOWP application (Plan A) on October 20. You enter maintained status. On November 15, you get nervous and ask your employer to file an LMIA-based work permit or a closed work permit application under Francophone Mobility program (Plan B).


  • THE HARSH REALITY: If your BOWP is refused in December, your LMIA-based or other closed work permit application application will also be refused because it was submitted after your permit expired. Your Plan B is useless. You are out of status.


  • CORRECT STRATEGY: Your permit expires October 31. You submit your BOWP application (Plan A) on October 20. You also submit your LMIA-based or other closed work permit application (Plan B) before October 31.


  • THE RESULT: Both applications were filed before expiry. Now, if your BOWP is refused, IRCC will still process your LMIA-based or other closed work permit application. You have created a genuine backup plan that can keep you in Canada.


The BOWP Lifeline: Apply Immediately After Your ITA


If you receive an Invitation to Apply (ITA) for Permanent Residence through Express Entry, our strongest advice is this: Apply for your Bridging Open Work Permit (BOWP) as soon as you are eligible even if you do not need it urgently.


Do not wait until your current permit is about to expire. Do not assume your PR application will be approved without issue.


Think of the BOWP as a critical insurance policy. We have seen devastating cases where a PR application is refused—sometimes due to a simple mistake or an unpredictable reason—but the separate BOWP application was approved. This approval can grant you an additional 6 months to 2 years of work authorization. That is invaluable time to continue working, support yourself, and work on a new PR application without the immense pressure of losing your status.


What Happens If You Fall Out of Status?


If your application is refused and you didn't have another valid application pending from before your permit expired, you must either leave Canada or apply for restoration of status, if eligible.


  • You have 90 days from the day you lost your status to apply for restoration.

  • You cannot work while your restoration application is being processed.

  • Restoration is not guaranteed and requires a strong application.


The rules have changed, and the margin for error is smaller than ever. Proactive, strategic planning is your best defense. Review your expiry dates, create your Plan A and Plan B, and submit everything on time.


Feeling overwhelmed by these changes? You don't have to navigate this alone. Reach out to us at Blacksy, and let's secure your future in Canada together.


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About the Author


I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 


At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.


Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.


Visit us at www.blacksyimmigration.com to learn more or to start your journey.


The articles on this site are general information, not legal advice, and reading them doesn’t create a lawyer-client relationship. Immigration rules change often, so always consult a qualified Canadian immigration lawyer about your specific situation.