Foreign nationals usually need to apply for a work permit before coming to Canada. However, in some specific cases, Immigration, Refugees and Citizenship Canada (IRCC) allows people already in the country to apply for a work permit from within Canada. Today, we will talk about who is eligible to apply for a work permit inside Canada.
We’ll also explain how you can maintain your legal status and how to complete the application process.
Let’s dive into each scenario.
Scenario 1: You Have A Valid Study Or Work Permit
If you already hold a valid work or study permit and are currently in Canada, you’re allowed to apply for a new work permit without leaving the country. The key here is ensuring your existing permit hasn’t expired yet.
Your current permit is only valid until its expiry date—clearly noted on the document. If you’re planning to switch employers or job roles, you must apply for a new work permit before the expiry date.
IRCC recommends applying at least 30 days in advance. If your permit has already expired, you’ll need to apply from outside Canada instead.
Example: Let’s say you’re in Canada with an employer-specific work permit and your job just ended. You secure a new position and apply for a new work permit 31 days before your current one expires. Since you applied on time and are still legally in Canada, you can apply from within Canada.
Scenario 2: Your Spouse, Common-Law Partner, Or Parent Has A Valid Permit
Let;s consider another scenario to know if you are eligible to apply for a work permit inside Canada.
Well, you may be eligible for a work permit if your spouse, common-law partner, or parent has a valid work or study permit and you meet the general work permit criteria.
Example: Your spouse is studying in Canada and has completed their four-year degree. Because study permits often stay valid for 90 days after the end of studies, you still have time to apply for a work permit as long as their permit hasn’t expired.
Similarly, if your spouse or parent is working in Canada with a valid work permit, you can apply for your own work permit from inside the country.
Scenario 3: You’re Eligible For A Post-Graduation Work Permit
If you’re in Canada with a valid study permit and meet the conditions for a Post-Graduation Work Permit (PGWP), you have 180 days from the date your school issues your final grades to apply.
The PGWP is an open work permit, meaning you’re not tied to a specific employer or location. However, simply graduating from a Designated Learning Institution (DLI) doesn’t guarantee you qualify.
To apply under this scenario, you must:
- Have a valid, unexpired study permit
- Meet all PGWP eligibility criteria
These criteria include:
- General eligibility
- Program-related requirements
- Physical presence requirements
- Specific field of study conditions (if applicable)
If your study permit is valid but you fail to meet the PGWP requirements, you’ll need to explore other work permit options instead.
Scenario 4: You, Your Spouse, Or Parent Hold A Temporary Resident Permit For Six Or More Months
A Temporary Resident Permit (TRP) allows individuals who are otherwise inadmissible to Canada to enter or stay temporarily under specific circumstances. These permits are issued when:
- The person has a valid reason to be in Canada
- Their presence does not pose a threat to Canadian society
Examples include visiting a dying relative or attending a critical business event.
If you, your spouse, or your parents hold a TRP valid for at least six months, you can apply for a work permit from within Canada.
TRPs may be issued for up to three years, depending on the situation. The six-month threshold is essential to qualify for an in-Canada work permit.
Scenario 5: You’ve Applied For Permanent Residence And Are Waiting For The Decision
If you’ve already submitted a permanent residence application under certain immigration classes and are waiting for a decision, you may be able to apply for a work permit from inside Canada.
The eligible PR categories include:
- Spouse or common-law partner in Canada class or overseas family class
- TRP holder class
Example: You’re working in Canada on a closed work permit and your Canadian spouse has submitted an inland sponsorship application for your PR. As long as you’ve received the Acknowledgement of Receipt (AOR) from IRCC and are living with your spouse, you can apply for an open work permit while your PR application is being processed.
To qualify, you must:
- Prove a genuine relationship with your sponsor
- Be physically living with your sponsor in Canada
- Hold an AOR letter confirming receipt of your PR application
Scenario 6: You Can Work Without A Permit But Need One Now
Another scenario in which you are eligible to apply for a work permit inside Canada is that you can work in Canada without a work permit, but need a work permit for a different job.
This means that some people are allowed to work in Canada without a permit for specific jobs or situations. If you’re one of them and now want to change jobs that require a permit, you may be eligible to apply from inside Canada.
These roles include:
- Foreign representatives and their personal staff and family members
- Military personnel
- American cross-border maritime law enforcement officers
- In-flight security officers
- Those engaged in on-campus employment
- Performing artists
- Professional or amateur athletes and their team members
- News reporters and their media crews
- Guest speakers, commercial speakers, and seminar leaders
- Convention or conference organizers
- Clergy, such as ordained ministers, laypeople, or members of a religious order
- Judges, referees, and similar officials of amateur events and competitions
- Professors and researchers examining or evaluating their students’ thesis or projects
- Expert witnesses or investigators
- Health care students participating in clinical clerkships of short-term practicums
- Civil aviation inspectors
- Aviation accident or incident inspectors
- Crew members working on a means of foreign-owned transportation
- Certain emergency service providers
It’s important to note that business visitors do not fall under this category.
Also, individuals who have maintained status (more on that below) can apply for a new work permit while staying in Canada under the same permit conditions until a decision is made.
Scenario 7: You Are In Canada As A Professional, Intra-Company Transferee, Trader, Or Investor Under CUSMA
If you’re a citizen of the United States or Mexico, you might be eligible to apply for a work permit from within Canada under the Canada-United States-Mexico Agreement (CUSMA). This trade agreement allows for easier access to the Canadian labour market under four specific categories.
Here’s a breakdown:
| Category | Who is eligible? |
| Professionals | US or Mexican citizens with a job offer (Canada-based) in one of the 63 eligible professions who also have the required education or alternative credentials and requirements. |
| Intra-company transferees | Executives, senior/functional managers, and specialized knowledge employees employed by a multinational company (continuously for one year in the last three years) seeking to work in a parent, subsidiary, branch, or affiliate of that company in Canada. |
| Traders | Executives, supervisors, or employees with essential skills with the intention of engaging in substantial trade of goods or services between their country of citizenship and Canada. |
| Investors | Executives, supervisors, or employees with essential skills who have made or are actively making a substantial investment in a company in Canada of US or Mexican nationality. |
You must have a qualifying job offer and meet all eligibility conditions specific to the category.
Scenario 8: You’ve Made A Refugee Claim In Canada
If you’re currently in Canada and have applied for refugee protection (asylum), you may qualify to apply for a work permit while your case is being reviewed.
To be eligible, you must demonstrate a credible fear of returning to your home country based on one or more of the following:
- Risk of torture
- Risk to life
- Risk of cruel or unusual punishment
You must also show that you are at risk due to factors like race, religion, political opinion, nationality, or membership in a particular social group.
Even if you’re stateless but face the same risks in your country of habitual residence, you could still qualify to apply from inside Canada.
Scenario 9: You’re A Protected Person Or Convention Refugee
The last scenario to consider to know if you are eligible for a work permit inside Canada is that you are a protected person or convention refugee.
If the Immigration and Refugee Board (IRB) of Canada has determined that you meet the eligibility for refugee protection, you are considered a convention refugee or protected person.
You may also be recognized as a protected person if you received a positive decision on a Pre-Removal Risk Assessment (PRRA).
If you’re in either of these categories and meet the other necessary criteria, you are eligible to apply for a work permit from within Canada.
Understanding Maintained Status In Canada
If you’re already in Canada on a valid study, work, or visitor visa, you must leave the country once your authorized stay ends. However, if you apply for a new permit before your current one expires, you may be granted ‘maintained status.’
With maintained status, you can legally stay in Canada under the same conditions as your previous permit while your new application is being processed. This status only applies if:
- You submit your new application before your current status expires
- You remain physically in Canada while waiting for a decision
This means:
- Workers can continue working under the same permit terms
- Students can continue studying
- Visitors can remain in Canada but cannot work or study
Maintained status ends if you leave Canada before a decision is made.
Steps To Apply For A Work Permit Inside Canada
To become eligible to apply for a work permit inside Canada (scenarios included), follow the steps mentioned below.
- Read The Full Instruction Guide
Start by reading the official IRCC instruction guide to understand the specific steps and documents required for your scenario. - Ensure Eligibility
Confirm that you meet the criteria for both your specific scenario and the general work permit requirements. These include:
- Planning to leave Canada when your work ends
- Having enough money to support yourself and return home
- Being admissible to Canada (no serious criminal or medical issues)
- Create An IRCC Secure Account And Fill Out Forms
You’ll need to complete all relevant forms provided in your personalized document checklist. - Gather Documents
Submit both primary and supporting documentation. This could include identity documents, job offers, TRPs, proof of studies, or other required paperwork. - Pay Fees
You’ll need to pay:- $155 for the work permit application
- $100 for an open work permit (if applicable)
- $85 for biometrics (if applicable)
- Submit Your Application Online
Apply through your IRCC account unless you qualify for a paper application due to disability or technical issues. - Wait For IRCC’s Decision
As of now, the average processing time is around 233 days, so be patient and maintain your status while you wait.
Note: Your new work permit will not be valid beyond your passport’s expiry date. Check your passport and renew it if needed before applying.
Immigtoronto is dedicated to helping prospective immigrants find their path to permanent residency. Our team is ready to assist you with any inquiries; simply get in touch by sending an email to [email protected].
