Foreign worker gets loss of earnings for work permit extension period

Employer laid off worker after work permit expired but worker was still able to work during application period
By Sergio Karas
|Canadian Employment Law Today|Last Updated: 10/19/2011

A grey area between permits

When a foreign worker’s work permit is due to expire, the worker can apply to Citizenship and Immigration Canada for an extension. If the original permit expires before an extension is approved — but is still being considered — the worker is generally given “implied status,” which means the worker’s eligibility to work in Canada is still good until he is outright rejected.

However, there can be a grey area if the worker’s permit expires but the employer doesn’t know there’s an extension application ongoing. The worker may have thought he told someone, but sometimes the message doesn’t get through and the workers can be left with a period of unemployment.