Canada Maintained Status Update: 365-Day Work Rule Now in Effect

Immigration, Refugees and Citizenship Canada (IRCC) issued an important policy clarification on 27th April 2026, reorganising and explaining its directions on continued work authorisation under paragraph R186(u) of the Immigration and Refugee Protection Regulations. This is not a new immigration route — it is a clearer, consolidated explanation of existing rules, alongside one meaningful change: the WP-EXT interim work letter is now valid for 12 months instead of 6.

What IRCC Changed in the April 27th Update

IRCC did not introduce a new work permit category or route. The update reorganised existing policy instructions into a single, clearer framework for officers, employers, and employees — and extended the validity of the temporary evidence of work letter from 6 months to 1 year.

The underlying legal authority under R186(u) remains unchanged. What has improved is how this policy is explained and communicated.

The WP-EXT Letter Is Now Valid for 12 Months

When a worker applies electronically to extend their work permit, IRCC’s system generates a letter confirming their continued authorisation to work. This letter — known as the WP-EXT letter (with the exception of Post-Graduation Work Permit applicants) — now shows an expiry date of 12 months from the date IRCC receives the application, up from the previous 6 months.

IRCC explains that the letter includes a specific expiry date — rather than an open-ended statement such as “until a decision is made” — because many employers and organisations require a concrete date for HR and insurance verification purposes.

The Most Important Clarification: An Expired Letter Does Not End Work Authorisation

This is the single most critical point in the April 27th update. If IRCC has not yet made a decision on the work permit renewal by the date shown on the WP-EXT letter, the employee can continue working.

The expiry date on the letter is for evidentiary purposes only — it does not terminate the employee’s legal right to work if the renewal application is still pending and all R186(u) conditions continue to be met.

Key practical points:

  • Employees do not need to apply for a second WP-EXT letter when the first one expires
  • If an employer needs proof of continued work authorisation beyond the letter’s expiry date, the employee can direct them to the official IRCC website confirming this policy
  • Many workers and employers have incorrectly assumed the letter’s expiry date means authorisation stops — it does not

Who Qualifies for Continued Work Authorisation Under R186(u)

Not all foreign workers qualify automatically. All three of the following conditions must be met simultaneously:

  1. The renewal application must have been submitted before the original work permit expired. Being even one day late disqualifies the worker from this protection.
  2. The worker must have remained continuously in Canada after the original permit expired. Leaving Canada after the permit expires generally ends the ability to work under R186(u). Even if re-entry is permitted, work cannot resume until the new permit is issued.
  3. The worker must continue to comply with all conditions of the expired permit. This means the same job, the same employer, the same location, and the same terms as the original permit — until IRCC makes a final decision.

Maintained Status vs. Work Authorisation: An Important Distinction

These two legal concepts are frequently confused but are not the same thing:

  • Maintained status (under R186(5)) allows the worker to remain legally in Canada as a temporary resident while the renewal is processed
  • Work authorisation (under R186(u)) is what actually permits the worker to continue working during that period

A worker can have maintained status without having work authorisation — for example, someone applying for their very first work permit from within Canada maintains temporary resident status but cannot work until the permit is issued.

What Workers Can and Cannot Do During R186(u) — By Permit Type

Original Permit Type Permitted During R186(u) Not Permitted
Employer-specific work permit Continue working for the same employer under the same conditions Change employers or modify the job role until the new permit is issued
Open work permit Continue working for any Canadian employer Work in restricted occupations if the open permit carried professional limitations
Employer-specific permit — applied to renew with a new employer Continue working for the original employer under R186(u) Begin working for the new employer without a separate IRCC authorisation

Multiple Pending Applications: Proceed With Caution

R186(u) protection applies only to the original renewal application submitted before the initial permit expired. If a worker submits a second work permit application while the first renewal is still being processed, the second application does not generate a new R186(u) work authorisation.

Once the original permit has lapsed, the worker also cannot file a new application under section R201, as they no longer hold a valid work permit at that point.

Workers considering a change of employer or a switch to a different permit type should consult a licensed immigration professional before filing any additional application.

Conclusion

IRCC’s April 27th update brings welcome clarity to one of the most frequently misunderstood areas of Canadian immigration compliance. The extension of the WP-EXT letter validity to 12 months reduces administrative friction, and the confirmation that an expired letter does not end work authorisation removes a significant source of anxiety for workers and employers alike. If you are currently on a work permit renewal, ensure you applied before your original permit expired, have remained in Canada continuously, and are still working within the conditions of your original permit — those three conditions are what keep you legally authorised to work.

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