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Work Permit

What can you do if a work permit is refused or about to expire?

Timing decides most of these. If your permit is still valid, applying to extend before it expires generally lets you keep working under implied status while the application is processed — a protection you lose the moment it lapses. If refused, you may be able to reapply or seek judicial review, and the reasons determine which is faster.

What to do next

  1. Apply to extend before expiry, without exception

    Applying before the permit expires generally preserves your ability to keep working under implied status. Once it expires you lose that, and working without authorisation has consequences that outlast the job.

  2. Get the refusal reasons and the officer's notes

    Request the GCMS notes. Refusals often turn on something specific and fixable — insufficient proof of the job offer, doubts about intent to leave, or a missing document — which points to whether reapplying is better than reviewing.

  3. Check whether restoration is available

    If status has already lapsed there is a limited restoration window during which you may apply to restore status, though generally not to work in the meantime. This window is short and strict.

  4. Decide between reapplying and judicial review

    Reapplying with better evidence is usually faster and cheaper. Judicial review in the Federal Court is for legal or fairness errors and has a short deadline. A misrepresentation finding changes everything — get advice immediately.

Frequently asked questions

Can I keep working while my extension is processed?

Generally yes, under implied status, if you applied before the permit expired. If you applied after, you cannot.

My status already lapsed.

There is a limited restoration window. Apply within it, and stop working immediately — continuing to work without authorisation compounds the problem.

Should I reapply or challenge the refusal?

The reasons decide it. A fixable evidentiary gap favours reapplying; a legal or fairness error favours judicial review. A misrepresentation finding requires advice before doing either.

Can I change employers?

On an employer-specific permit, generally not without new authorisation first. On an open permit, yes.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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By submitting, you agree to be contacted about your inquiry. This is not legal advice and does not create a lawyer–client relationship.

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