work permit expiry

[Chris Vaage]

#97598

Forum: Private

Hi there, we have an employee whose work permit expires in May. This employee has not applied for extension because they are hoping their NOC goes into the lottery and they get pulled. The position is an entry level financial administrator so we are not confident the lottery option is ideal. Since we need to plan for their exit, I am wondering how much in advance we can demand an outcome. I think30 days is reasonable as this in line with immigration canada’s extension timeline, but it would be helpful to know as early as possible. We will need to post their position before they exit to plan for cross training however the unknowing of whether they will be able to stay in canada and work may cause disruption to the business. What would you recommend in this case?
Thank you!

[Haley O’Halloran]

#97599

Here’s a clear, practical way to handle this situation while balancing operational needs, fairness to the employee, and immigration realities. (This is not legal advice—just best-practice HR guidance. I suggest you consult legal counsel, especially if you need further advice and are worried about noncompliance issues.)

1. What Timeline Can You Reasonably Require From the Employee?

Since their work permit expires in May, you are correct that 30 days’ advance confirmation (i.e., by early April) is a reasonable and defensible expectation.

IRCC processing for extensions varies, but most employees can normally show:
-Proof of the extension application being submitted, OR
-Evidence that they cannot yet apply (e.g., if waiting for lottery results).

You are allowed to require documentation demonstrating ongoing legal eligibility to work in Canada.

Suggested internal requirement:

Provide proof of submitted extension application at least 30 days before work permit expiry.
If the employee chooses not to apply because they’re waiting for a lottery outcome, you may reasonably ask them to confirm their intentions earlier because:

-The business needs certainty for resourcing.
-You cannot rely on a speculative immigration program outcome.
-Their ability to work legally is a condition of employment.

2. Is It Reasonable to Require an Earlier Decision?

Yes. Given training, scheduling, and recruitment needs, many employers adopt:

60 days before expiry: Employee must communicate their plan
30 days before expiry: Employee must provide proof of application (or exit date)

Because this employee is choosing to delay an extension application due to a lottery they may not win, it is fair to set expectations such as:

“If you have not submitted a work permit extension by X date, we will proceed with workforce planning based on the assumption that you will not be able to continue employment past your permit expiry.”

This protects the business without terminating prematurely.

3. Can You Post Their Job Before You Know Their Status?

Absolutely, and this is common practice.

Reasonable steps:
-Post the position as “anticipated vacancy” with a potential start date in May/June.
-Internal communication: “We are planning for contingencies related to immigration timelines.”
-Begin cross-training early to mitigate risk.

This is non-discriminatory because the reason is strictly legal work authorization, not personal status.

4. Risk Management Factors
Why you cannot wait until May:

-If they are not eligible for “maintained status” (because they haven’t applied), they will have to stop working immediately when the permit expires.
-Hiring and training even an entry-level financial administrator typically takes 4–8 weeks.
-Cross-training cannot occur last-minute.

What happens if the lottery doesn’t come through

If they fail to be selected, they may lose the opportunity to apply for an extension in time. That creates:

-A hard stop to employment
-Work interruption
-Compliance risks for the employer

5. Recommended Plan (Simple Policy You Can Follow)

Here is a clean, defensible approach you can use:

Step 1 – Immediately (Now):

Inform employee that for business continuity, you require:

Their immigration plan by a specific date (e.g., 60 days before expiry)

Step 2 – By 60 Days Before Expiry (March / early April):

Employee must confirm:

Whether they will apply for an extension

Whether they are relying on the lottery, including expected timelines

(This does not force them to apply—only to disclose their plan.)

Step 3 – By 30 Days Before Expiry (Early April):

You require:

Proof of extension application OR

Written confirmation of their last day of employment

If they have chosen not to apply by then, you can proceed with posting and transition planning.

Step 4 – Recruitment:

Post the job by early April as an anticipated vacancy.

Start screening applicants.

I hope this helps and best of luck!
-HRInsider Staff

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