Immigration, Refugees and Citizenship Canada (IRCC) has increased the validity period of WP-EXT letters to 365 days (previously 180 days) in updated instructions to its officers.
When an online work permit application is received, the system will send the applicant a WP-EXT letter indicating that the foreign national is authorized to work under paragraph R186(u) if all necessary conditions are met. This letter now has a validity of 365 days.
Paragraph R-186(u) of the Immigration and Refugee Protection Regulations (IRPA) allows foreign nationals to work in Canada without a work permit (maintained status), if they have done all of the following:
- applied to renew their work permit under section R201 before the initial work permit expired;
- remained in Canada;
- continued to comply with the conditions set out on the expired work permit, other than the expiry date.
If the foreign national leaves Canada or a final decision is made on the application renewal, the requirements of R186(u) are no longer met and the WP-EXT letter is no longer valid. If the work permit application has not been finalized by the date provided on the letter, the applicant may continue to keep working as per R186(u) until a decision is made provided they continue to meet the R186(u) requirements. They do not need to submit a request to IRCC to issue a second letter.
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Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.