Travel Plans With An Expired Work Permit: What To Know?

Travelling with an expired work permit is a complex issue that varies depending on the country and the individual's circumstances. In some countries, such as the United States, once an individual's authorisation to stay has expired, they are expected to leave the country immediately and are not eligible for a work permit or other immigration benefits. However, in other countries like Canada, it is possible to apply for an extension of a work permit and maintain a valid travel document to re-enter the country. The Schengen Area, including Germany, allows expired work permit holders to remain living and working in the country while renewing their permit, but leaving and re-entering the area may be challenging. Each country has its own requirements for travel documents, visas, and work permits, so it is essential to check the official sources for the specific country in question.

Travel outside Canada with an expired work permit

If you are a foreign national with an expired Canadian work permit, you are free to leave Canada and come back. However, upon returning to Canada, you should be aware that one of three things will happen.

Firstly, you may be allowed to re-enter Canada as a visitor. This means that you cannot work until you get your work permit extension. In this case, you may be asked to prove to an Immigration, Refugees and Citizenship Canada (IRCC) officer that you have enough money to support yourself in Canada.

Secondly, you may be allowed to re-enter Canada as a worker if the officer at the port of entry finds out that your work permit was extended while you were away.

Thirdly, you may be asked to apply for a new work permit at the port of entry.

In addition to your work permit, you will need either a Temporary Resident Visa (also known as a visitor visa) or an Electronic Travel Authorization (eTA). If you are a resident of a visa-exempt country, you will need a valid passport and an eTA to re-enter Canada. If you are a resident of a visa-required country, you will need a valid visa and a valid work permit to return to Canada for work.

Travel outside the US with an expired work permit

If your work permit has expired, you are expected to leave the United States immediately or within the relevant grace period for your visa type. At this point, you are no longer eligible for a work permit or any other immigration benefits. Your current visa will be automatically voided under § 222 of the Immigration and Nationality Act (I.N.A.).

If you have overstayed your visa, you may be denied future visas to travel to the United States or be barred from re-entry for a certain period of time. Before worrying that you must leave the United States right away, make sure you understand the date by which you are expected to depart. That date should be shown on your I-94 Arrival-Departure Record, which could be a small white or green card tucked into your passport when you entered the United States or a digital document that can be obtained from the website of Customs and Border Protection (CBP).

If you are a permanent or conditional permanent resident who has been outside the U.S. for less than a year, you will only need to show your Green Card upon re-entry to the U.S. If you are outside the U.S. for one year or longer, apply for a re-entry permit before you travel, using Form I-131 – Application for Travel Document. For permanent residents, the re-entry permit is valid for two years from the date of issue. For conditional permanent residents, the re-entry permit is valid for two years after the date of issue or until the date you must apply for the removal of conditions on your status, whichever date comes first.

If your trip abroad will last longer than a year, it is advisable to first apply for a re-entry permit on Form I-131. Obtaining a re-entry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit's validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return, as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States.

Work in Canada with an expired work permit

If your work permit expires, you are expected to leave Canada as you will no longer have valid permission to live and work in the country. However, you do have some options, but most of them must be addressed before your work permit expires.

If you want to extend your stay in Canada, you should apply at least 30 days before your status expires. If your permit expires after you submit your application for extension but before you receive a decision, you can stay in Canada under what is called "maintained status". This means that you can keep working under the same conditions as your current work permit. If you have an employer-specific work permit, this means working for the same employer. If you have an open work permit, you can change employers and jobs.

If your permit expires before you apply for an extension, you must stop working. However, you may be able to apply to restore your status as a worker, but you can only do this if your permit expired less than 90 days ago. You cannot work while the application is in progress, and you must pay the fees for restoring status and a new work permit.

Work in the US with an expired work permit

Work permits allow individuals to work and live in the United States. This form of employment authorization is not the same as residency or citizenship as it is temporary and will expire. Once your work permit expires, you must stop working immediately. If your work permit expires, in some instances, you are also no longer considered lawfully present in the US. Therefore, if you fail to renew your work authorization on time, you could face penalties, be denied future visits to the US, or even be barred from re-entering the country.

To avoid this, it is important to renew your work permit before it expires. Always be sure to verify the terms of your work authorization with U.S. Citizenship and Immigration Services (USCIS) and your employer. USCIS requires work permit holders to apply for renewal 120 to 150 days before the expiration date. Otherwise, you risk not being able to work while the renewal is pending and could be considered out of status.

The renewal process involves reviewing, filling out, and submitting the required documents along with supporting evidence. This includes a fee of $465 and may also require you to send proof of legal name change or any evidence and documents regarding criminal history or removal proceedings. USCIS may request additional evidence, and it is important to respond as soon as possible to avoid having your request for renewal denied.

USCIS aims to process renewals within 120 days, but you may submit an inquiry if your application is still pending after 105 days. If you are unsure about submitting evidence, documents, or your eligibility for renewal, consult with your employer and an experienced attorney.

It is always best to start the renewal process as early as possible and be aware of your rights, as well as what is required of you, to stay in the US legally and avoid problems.

Re-entering Canada with an expired work permit

If you are a temporary resident of Canada and your work permit is expiring or has expired, you must apply to extend it or change its conditions. You should apply for an extension at least 30 days before your current permit expires. If you apply for an extension before your work permit expires, you can legally stay in Canada and continue working under the same conditions until a decision is made on your application.

If you are travelling outside Canada and want to re-enter, you need to meet the country's entry requirements. A work permit is not a travel document and does not give you the right to re-enter Canada. Along with your work permit, you need a valid passport and either a valid visa or an electronic travel authorization (eTA).

If you are a visa-required traveller, you need a valid visa every time you want to enter Canada, unless you are returning directly from a visit to the United States or St. Pierre and Miquelon. If your visa was only valid for a single entry to Canada, you must re-apply for a new one.

If you are from a visa-exempt country, you need a valid passport and an eTA if you plan to travel to Canada by air. You don't need an eTA if you are arriving by car, bus, train, or boat.

It is important to note that having an eTA or a visa, along with your work permit, does not guarantee re-entry into Canada. You must show a border services officer that you meet all the requirements before you can re-enter the country.

Frequently asked questions