Applying to change conditions or extend your stay in Canada — Worker (IMM 5553)

Overview

This guide is designed to help you determine if you are eligible to apply for an extension of your work permit or change conditions of your stay in Canada, including applying for an initial work permit (see the section Who may apply for a work permit from within Canada?). It provides all the necessary information, instructions and application forms for you to complete and submit.

Determining eligibility

Workers are a class of temporary resident who are legally authorized to enter Canada temporarily to work. They are restricted in length of stay and are subject to various other conditions.

This application guide is for temporary residents who are already in Canada and wish to:

• extend their stay as a worker;
• change conditions of their stay as a worker;
• change their class to include permission to work; or
• correct problems in their status.

If your current temporary resident status is still valid you can apply for an extension of your stay providing you apply at least 30 days before the expiry date of your current status. Your original temporary status as a worker continues under the same conditions until your application is finalized and you have been notified of the decision.

Note: The validity of your work permit cannot exceed the validity of your passport. Therefore, you should ensure that your passport will be valid for at least the same amount of time as your requested extension.

It is not necessary to make a separate application for extension of temporary resident status when you apply for a work permit. The officer will issue all the necessary documentation with the one application.

Each member of your immediate family (spouse or common-law partner, dependent children) who wishes to remain longer, study or work in Canada must apply for permission to do so. If you all apply at the same time for an extension, each person will not have to submit a separate application form. Instead, fill in one form including your details and those of your immediate family. All appropriate documentation and the required fee for each person must also be included.

If you are currently working in Canada, you may wish to extend your work permit or change employers, or you may be a temporary resident who wishes to work. In either case you must obtain a work permit before you begin working. Normally a work permit is obtained outside of Canada before coming to Canada. Only in a few special situations, which are outlined in this guide, can an initial work permit be applied for within Canada.

If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your permit expiry date or leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status.

It is illegal to remain in Canada beyond the validity of your status in Canada.

It is illegal to work without a required work permit.

It is illegal to study without a required study permit.

Important: Applying for more than one service at the same time

You will need to indicate on the top of your application form (IMM 1249) which services you are applying for and pay a processing fee for each service. Details and instruction on how to apply for other services, such as a study permit from within Canada may be obtained by visiting our website. For further details refer to the guide Applying to Change Conditions or Extend Your Stay in Canada - Student (IMM 5552) or contact the Call Centre.

After reading this guide, if you believe you are eligible to apply then you should proceed as instructed below:

• Gather all the necessary documents. They are listed on the Document Checklist.
• Calculate and pay the fees.
• Photocopy the blank forms and use one as a working copy. Keep it for your records.
• Fill in the forms carefully and completely.
• Sign and date your forms.
• Mail your application to the Case Processing Centre-Vegreville

Processing times for your application

The Case Processing Centre-Vegreville (CPC-Vegreville) will review your application to determine if it is complete. If your application is not signed or if the required fee is missing, your application will be returned to you and you will have to re-apply. If other information is missing, your application may be returned or refused.

CPC-Vegreville will send you either:

• a letter refusing your application; or
• notification that your application has been referred to a local Canada Immigration Centre for further assessment.

CPC-Vegreville completes most of the applications it receives, however, a small number are referred to a local office for further clarification. If your application is referred to a local office, they will contact you to obtain additional information or clarification. It may take up to three months for them to contact you.

Note: The Case Processing Centre receives large volumes of applications in the temporary resident categories each year. It is recommended that you apply at least 30 days before the expiry of your current document. However, you may want to apply in advance of this recommended period since processing delays vary. Contact the Call Centre at 1-888-242-2100 or check our current processing times.

Once they receive the additional information or clarification, the local office will complete the final stages of processing and if required, invite you to an interview. Once processing is complete, the local office will notify you by mail of their decision.

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