Canadian Work Permit Invalidity and Cancellation

Linh, a Vietnamese national, had worked in Toronto for two years with an employer-specific work permit. One day, she received a removal order. She asked her immigration consultant if her work permit was still valid. The answer surprised her. Like many others, Linh did not realize how easily work permit invalidity could occur.

What causes work permit invalidity?

A work permit can become invalid in specific situations outlined in immigration law and regulations. Understanding these situations helps temporary foreign workers avoid legal issues.

Key reasons for work permit invalidity

A work permit becomes invalid when any of the following occurs:

• It reaches its expiry date.
• An officer cancels it due to an administrative error.
• The foreign national becomes a permanent resident.
• The foreign national passes away.
• A removal order against the individual becomes enforceable.

Let us examine each situation in more detail to understand how work permit invalidity works.

Expiry of the work permit

Work permits have set validity periods. Once expired, the permit no longer authorises work in Canada.

• Work permits include an explicit expiry date.
• There are no automatic extensions.
• You may not work beyond the expiration date of a work permit. However, in many cases, you may apply for an extension and continue working on a maintained status. 

Cancellation due to error

Sometimes, officers make errors when issuing permits. When discovered, they can cancel the document.

• Cancellation occurs only when the error is administrative.
• Officers must be satisfied that the permit should never have been issued.
• No misconduct from the worker is necessary for cancellation.
• The cancellation is at the discretion of the officer. Consequently, if they do not cancel the work permit, it remains valid until the expiration date. 

Work permit invalidity upon becoming a permanent resident

When someone becomes a permanent resident, they no longer need a work permit. The old permit gets cancelled automatically.

• This applies whether you obtain permanent residency inside or outside Canada.
• Cancellation occurs even before the PR card is issued.

Work permit invalidity when the permit holder dies

When the permit holder passes away, their work permit becomes void immediately.

• No formal cancellation process is needed.
• Officers update the file to reflect the cancellation.

Removal orders and work permit invalidity.

A work permit is void when a removal order becomes enforceable. In such cases, immigration law mandates cancellation.

When does a removal order become enforceable?

A removal order is a legal directive requiring a foreign national to leave Canada. A removal order becomes enforceable when it comes into force and is not stayed. Let’s explore what this means.

When a removal order comes into force

According to the Immigration and Refugee Protection Act, a removal order comes into force on:

• Officers issue the removal order that day if no right to appeal exists.
• The appeal deadline passes without an appeal, making the order come into force that day.
• The appeal process ends with a final decision, and the order comes into force that day.

For refugee claimants, the process differs. A removal order against a claimant comes into force on:

• Officers find the claim ineligible because of the Third Safe Country agreement with the United States.
• Fifteen days pass after the Refugee Appeal Division rejects the claim.
• Seven days pass after officers find the claim ineligible under other grounds.
• Fifteen days pass after officers declare the claim withdrawn or abandoned.
• Fifteen days pass after proceedings end due to misrepresentation or duplicate claims.

When a removal order is stayed

Even if issued, a removal order might not be enforceable if stayed. Stays temporarily block enforcement.

Stays apply in the following cases:

• A court issues a stay during a judicial review.
• The person serves a prison sentence in Canada.
• The Immigration Appeal Division orders a stay.
• The Minister stays the removal order based on humanitarian grounds.
• IRCC approves a Pre-Risk Removal Assessment (PRRA) application. 

When a removal order becomes void

Sometimes, removal orders never get enforced. The order becomes void if the person becomes a permanent resident before enforcement.

• This change makes the original removal order legally ineffective.
• The related work permit is still being cancelled due to PR status.

Summary of work permit invalidity scenarios

Final thoughts on work permit invalidity

Work permit invalidity can happen quickly. Expiry, status change, or legal orders can all cause cancellation. Workers and employers must remain vigilant.

The story of Linh shows how a removal order affects work rights in Canada. However, every case differs. Act now if you or your client faces a removal order or needs clarification about work permit invalidity.

Book a consultation to explore your legal options. Staying informed helps protect your future in Canada.