Who Can Apply for a Work Permit from Within Canada? IRCC Outlines Nine Eligible Scenarios
Foreign nationals often assume they must apply for a Canadian work permit from outside the country—but that’s not always the case. In fact, Immigration, Refugees and Citizenship Canada (IRCC) allows certain individuals to apply for a work permit from within Canada under very specific circumstances.
Applicants who do not meet one of the conditions listed by IRCC must apply either online from abroad or, if eligible, at a Canadian port of entry.
This article breaks down the nine situations where a foreign national can apply for a work permit while physically present in Canada, along with an overview of maintained status and a guide on how to apply.
1. Holding a Valid Study or Work Permit
If you currently have a valid IRCC-issued study or work permit and you are in Canada, you may apply for a new work permit. It’s crucial to apply before your current permit expires. IRCC recommends applying at least 30 days before expiration to avoid complications.
Example: If your employer-specific work permit is nearing its expiry and you’ve found a new job, applying for a new permit before your current one expires keeps you eligible.
2. Family Member with a Valid Study or Work Permit
If your spouse, common-law partner, or parent has a valid Canadian study or work permit, you may also be eligible to apply for a work permit from within Canada. This applies as long as their permit is still valid at the time of your application and you meet the general eligibility requirements.
3. Eligible for a Post-Graduation Work Permit (PGWP)
Graduates from Canadian Designated Learning Institutions (DLIs) with a valid study permit can apply for a PGWP within 180 days of receiving final grades. These open work permits allow holders to work for almost any Canadian employer.
Eligibility is not automatic. Applicants must meet criteria related to their program of study, the length of the program, and when and how they studied.
4. Temporary Resident Permit (TRP) Holder (6+ Months Validity)
If you, your spouse, or your parent holds a TRP valid for six months or more, you may be eligible to apply for a work permit. TRPs are issued under exceptional circumstances and are meant for individuals who are otherwise inadmissible to Canada but have justified reasons for temporary entry.
5. Awaiting a Decision on a Permanent Residence Application
Individuals in Canada who have applied for permanent residency under the Spouse or Common-Law Partner in Canada Class or the TRP Holder Class may apply for an open work permit while waiting for a decision.
Requirements include:
- Proof of a genuine relationship (for spousal sponsorship)
- Receipt of the Acknowledgement of Receipt (AOR)
- Cohabitation with your sponsor (if applicable)
6. Previously Allowed to Work Without a Permit but Changing Jobs
Certain foreign nationals, such as military personnel, foreign representatives, performing artists, or guest speakers, are allowed to work in Canada without a work permit. If such individuals want to change roles that now require a permit, they can apply for one from within Canada.
This also applies to individuals under maintained status (explained below).
7. CUSMA Participants (U.S. and Mexican Citizens)
Under the Canada-United States-Mexico Agreement (CUSMA), U.S. and Mexican nationals working in specific roles—such as professionals, intra-company transferees, traders, or investors—can apply for work permits from within Canada. The job offer must meet the CUSMA eligibility conditions.
8. Asylum Claimants
If you’ve submitted a refugee claim in Canada and are awaiting a decision, you may apply for a work permit. You must demonstrate a genuine and well-founded fear of persecution or danger if returned to your home country due to race, religion, political beliefs, or belonging to a specific social group.
9. Convention Refugees or Protected Persons
Individuals recognized by the Immigration and Refugee Board (IRB) as Convention refugees or protected persons—or who have received a positive Pre-Removal Risk Assessment (PRRA)—are eligible to apply for a work permit from inside Canada.
Maintained Status: Staying in Canada After Permit Expiry
If you apply for a new work or study permit before your current one expires, you may remain in Canada under maintained status. This allows you to continue working or studying under your previous permit’s conditions until a decision is made on your new application.
Important: If you leave Canada while on maintained status, you automatically lose this benefit.
How to Apply for a Work Permit from Within Canada
To apply from inside Canada, you must meet the scenario-specific and general eligibility requirements:
General Requirements:
- Demonstrate intent to leave Canada after your employment ends
- Prove financial self-sufficiency
- Be admissible medically and criminally
- Submit biometrics, police certificates, or medical exams if required
Application Process:
- Log in to your IRCC secure account
- Read the relevant instruction guide
- Complete the appropriate forms and gather documentation
- Pay applicable fees:
- $155 work permit processing fee
- $100 open work permit fee (if applicable)
- $85 biometric fee (if applicable)
- Submit your application online and retain proof of submission
Processing Time:
As of now, the estimated processing time for in-Canada work permit applications is approximately 233 days.
Note: Work permits will not be issued beyond the expiry date of your passport. Renew your passport if it’s near expiry before applying.
In Summary: Who Can Apply from Within Canada?
- Valid study/work permit holders
- Family of valid permit holders
- PGWP-eligible students
- TRP holders (6+ months)
- PR applicants in specific streams
- Individuals changing from non-permit to permit-required work
- CUSMA professionals, traders, investors
- Refugee claimants
- Convention refugees or protected persons
For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!
