Who Can Apply for a Work Permit from Within Canada?

While most foreign nationals must apply for a Canadian work permit from outside the country, there are specific situations where Immigration, Refugees and Citizenship Canada (IRCC) allows individuals to apply from within Canada.

This article outlines the nine scenarios where a foreign national may be eligible to apply for a work permit from within Canada, along with details on maintained status and the application process.

1. You Have a Valid Study or Work Permit

If you are physically in Canada and have a valid study or work permit, you can apply for a new work permit before your current status expires. IRCC recommends applying at least 30 days prior to the expiration date. If your permit has expired, you are no longer eligible under this scenario.

2. Your Spouse, Common-Law Partner, or Parent Has a Valid Study or Work Permit

If your family member is in Canada with a valid study or work permit, you may apply for a work permit if you meet general eligibility criteria. The validity of the primary permit determines your eligibility timeframe.

3. You Are Eligible for a Post-Graduation Work Permit (PGWP)

Graduates with valid study permits from eligible institutions may apply for a PGWP within 180 days of receiving final grades. You must meet PGWP criteria related to program length, institution eligibility, and field of study.

4. You, Your Spouse, or Parent Holds a Temporary Resident Permit (TRP) of at Least Six Months

If you or an immediate family member has a TRP valid for six months or more, you may apply for a work permit. TRPs are granted under compelling circumstances, such as medical emergencies or family events.

5. You Have Submitted a Permanent Residence Application and Are Awaiting a Decision

You may apply for a work permit from within Canada if you’ve applied for permanent residence under the Spouse/Common-Law Partner in Canada Class or the TRP holder class. You must have received an Acknowledgement of Receipt (AOR) and live with your sponsor in Canada.

6. You Are Allowed to Work Without a Permit but Now Require One

Some people are allowed to work in Canada without a permit (e.g., performing artists, religious leaders, or on-campus workers). If you are switching to a role that requires a permit, you may apply from within Canada.

7. You Are in Canada Under CUSMA (Professionals, Intra-Company Transferees, Traders, Investors)

Citizens of the U.S. or Mexico working in Canada under CUSMA categories may apply for new permits from within Canada if they meet the eligibility requirements.

8. You Have Made or Will Make a Refugee Claim

If you have made a refugee claim due to a well-founded fear of persecution or serious risk in your home country, you may apply for a work permit while waiting for a decision.

9. You Are a Convention Refugee or Protected Person

If the Immigration and Refugee Board of Canada or IRCC has granted you protected person status, you can apply for a work permit while your case is being finalized.

Maintained Status

If you apply for a new permit before your existing one expires, you can remain in Canada under the same conditions until a decision is made. This is called maintained status. You must stay in Canada during this period, or you will lose this status.

How to Apply for a Work Permit from Within Canada

To apply:

1. Ensure you meet one of the nine scenarios and general eligibility criteria.
2. Complete the required forms and collect supporting documents.
3. Apply online through your IRCC account, unless you qualify for a paper application.
4. Pay the applicable fees:
• Work Permit: $155
• Open Work Permit Holder Fee (if applicable): $100
• Biometrics (if required): $85
5. Submit your application and retain all confirmation documents.
   
   

As of now, the average processing time for in-Canada work permit applications is approximately 233 days.

Before applying, confirm that your passport is valid for the entire period you are requesting, as your permit will not extend beyond your passport's expiry date.