Toronto businesses and their foreign workers must recognize the necessity of planning for the expiration of work permits as an operational requirement. The ability to work can be a critical limitation on a staff member’s contributions to a business, particularly when considering payroll and business continuity. Leaving a foreign worker’s work permit expiry until the last minute can jeopardize the employer’s ability to accommodate a request due to the complexity of immigration processes. With a systematic method, Toronto businesses and their foreign workers can ensure that the relevant issues are considered well in advance.
Businesses Should Track Work Permit Expiry Dates
The first stage in the planning process should be maintaining a record of each employee’s work permit expiry and carefully reviewing these dates. This document may also include the class of the permit, the employer listed on the permit, the employee’s occupation and place of work, LMIA information, if applicable, and details of any restrictions or conditions. The earlier a human resources representative or manager can begin this process, the more informed they will be regarding the actions to take as the expiry approaches.
The Toronto-based business can also take the opportunity to set reminders far ahead of the expiry date based upon the details in this summary. The timing to begin this process will depend upon the nature of the employee’s immigration status, the required work permit, and any LMIA applications needed. According to Immigration, Refugees, and Citizenship Canada (IRCC), workers must submit an application to renew their work permits at least 30 days before their expiry, but employers should consider initiating the process months ahead of time
Employers should also consider the necessary steps to continue employing the foreign worker. Individuals who are eligible to extend their work permits can do so under the same terms and conditions, while others may need to explore different options. When the work permit is specific to a position, location, and employer, the worker is unlikely to be able to change these aspects without consulting immigration lawyer Toronto
Therefore, as far ahead of their expiry is reasonable, employers should consider what options are open to them to continue employing skilled foreign workers
Employers Should Review Renewal Requirements Early
Where the employer considers applying to renew a foreign worker’s work permit using the same LMIA approval as before, they should understand that there are limitations. The LMIAs issued for applications received as of May 1, 2024, will remain valid for up to six months in most circumstances, with some exceptions, according to IRCC. Consequently, an employer should not presume that an LMIA approval will be valid indefinitely, even with the same foreign employee.
Workers Should Receive Advance Notice
Employers should ensure the worker understands the timeline for taking action ahead of their permit expiry. A systematic approach within the business can help avoid confusion by asking all employees to report to their human resources department when they receive notices in connection with their status. The conversation should then focus on any documentation gaps, new roles that will be necessary when a permit is renewed, and whether an application to extend will be feasible.
The process can be particularly important where an employee will need to apply to extend their work permit while continuing to work. An application made before the expiry date of a valid permit may entitle the employee to continue working if their application meets the relevant requirements, even while their request is being considered by IRCC. The worker will also be permitted to work under the conditions on their current work permit, including a position as an employer-specific.
Businesses Should Verify Continued Work Authorization
Employers should always follow up on the status of proof of continued work authorization and not rely upon an employee’s word alone. Where there is an eligible work permit type for an online application, for instance, IRCC can provide the necessary evidence to prove that the foreign worker can continue to work with no disruptions to the business. This certificate may also be issued for other applications submitted electronically depending upon their circumstances. Where a paper application was submitted, other proof of continued employment options may also be available.
The verification process should consider the relevant privacy and employment laws for the employee with whom they are dealing. In particular, human resources officers should protect the confidential information of an employee while simultaneously ensuring that all managers have the information they need for effective staffing decisions. In circumstances where the evidence is limited, and the foreign worker has requested changes to their position, place of employment, or is considering other options, an employer should seek legal advice on immigration law to ensure they make the most suitable choices.
Businesses Should Prepare for Processing Delays
Even if a company has successfully applied for an extension to a foreign employee’s work permit, they should consider that IRCC processes may prolong the outcome. To that end, employers should make preparations for vacancies for critical roles within the company ahead of the expected date that a permit is due to expire. Cross-training programs, modifications to projected project timelines, and temporary hires can all reduce the harm to operations caused by a prolonged immigration process.
The employer should also avoid making assumptions for foreign workers that their options will be the same after expiry. An application to renew a work permit before its expiry may enable the worker to continue to fulfill the conditions of their work authorization while their application is being considered, depending upon the documents submitted. An employee who instead wishes to apply for a visitor record or study permit cannot generally continue to work beyond the date on their permit unless they are able to obtain other employment authorization to do so.
Employers Should Address Changes Before Expiry
The foreign worker’s employment changes should be examined at the same time as analyzing the expiry of their current work permit. A company may wish to promote a foreign employee, change their working hours, relocate them to a different worksite, increase their salary, or transfer them to a different entity. Based on the nature of the transition and the work permit requirements, the employer may need to consider additional immigration steps to accomplish the transaction. Employers should therefore avoid leaving such issues until the work permit expiry is within days with no viable legal options remaining.
The process can also help employers understand whether there is a more desirable option for the foreign worker to be able to remain in Canada with their employer long-term. This assessment will depend upon the employee’s personal circumstances, as well as those of the business. Employers should avoid undertaking obligations for the foreign worker’s permanent immigration or other work authorizations without professional advice to cover the most viable choices for both employee and employer. Where more than one immigration requirement is involved, a lawyer in Toronto-based businesses can work with regularly to navigate the complexities of foreign worker compliance and can help identify suitable guidance.
Businesses Should Maintain Compliance Records
The foreign worker compliance obligations do not end with a new work permit being issued. As a result, employers must continue to be mindful of recordkeeping rules regarding their employees’ work permits. The Toronto business can also consider using this time to update its records related to compliance and file any necessary applications for immigration documents. The new expiry date should then be included in the business’s records for the foreign worker’s immigration documents during this process. The next date, therefore, becomes another opportunity for an employer to be in a strong position for their foreign worker compliance needs.
The document management practices that an employer undertakes can also help with subsequent immigration applications. Maintaining organized access to current and past permits, employment documentation, relevant LMIA approvals or applications, and correspondence related to immigration authorities in general can help an employer understand the modifications to a foreign worker’s status over time. Businesses should still consider the applicable employment and privacy laws when recording this information. A strong record of immigration documentation demonstrates that a business has made reasonable efforts towards foreign worker compliance, including ensuring that they are aware of changes to an employee’s work authorization during the time they are employed.
The expiry of a foreign worker’s work permit should be reviewed as an essential element of Toronto-based business continuity planning. By establishing reminders for work permit expiry dates and reviewing renewal requirements, employers can reduce disruptions to their operations and ensure their foreign workers are able to continue working under conditions that meet their compliance requirements. Businesses can also use the time ahead of a permit expiry to request the necessary documents from employees and confirm that all parties understand what actions will be necessary. These steps can also be an opportune time to consult experienced immigration counsel in assessing new employment conditions that may be required months ahead of time.
A process-oriented approach to immigration needs can also provide a more stable foundation for a growing Toronto-based business employing a variety of foreign workers. By analyzing work permit expirations, employers can make staffing decisions based upon realistic immigration timelines for foreign workers rather than making guesses that can lead to disruptions to operations or unauthorized employment scenarios and consequent penalties.
