Who Can Apply for a Work Permit from Inside Canada?

Normally, foreign nationals must apply for a work permit from outside Canada. However, there are some cases where they are allowed to apply from within Canada if they fall into one of the nine categories set out by Immigration, Refugees and Citizenship Canada (IRCC).

If you do not fall into these 9 categories, you must apply for a work permit from outside Canada (online or at the port of entry if eligible).

Here are the specific cases and how to maintain legal status and how to apply:

Case 1: You are holding a valid study or work permit

• You can apply for a work permit if you are in Canada and your study/work permit is valid.
• You must apply before your current license expires.
• For example: You have an employer-designated work permit and have just lost your job. You find a new job and apply for a new permit before your current permit expires, you are still eligible.

Case 2: Your spouse, common-law partner or parent has a valid study/work permit

• If your spouse or parent is in Canada with a valid study/work permit, you may apply for a work permit if you meet the general conditions.
• For example: Your wife has just completed a 4-year study program. Since study permits are usually valid for an additional 90 days after completion of studies, you can use that time to apply for a work permit from within Canada.

Case 3: You are eligible for a Post-Graduation Work Permit (PGWP)

• If you graduated from a designated learning institution (DLI) in Canada and have a valid study permit, you can apply for a PGWP from within Canada within 180 days of receiving your final transcript.
• Note: Not everyone who graduates from a DLI automatically qualifies. You need:
  • Have a valid study permit
  • Meet all requirements regarding study program, study time and study location.

Case 4: You, your spouse or parent are holding a Temporary Residence Permit (TRP) with a validity of 6 months or more

• TRP is for those who are not eligible to enter the country but have special and legitimate reasons, such as:
  • Visiting a seriously ill relative
  • Attend important family events
• If you have a TRP that is valid for at least 6 months, you can apply for a work permit from within Canada.

Case 5: You have applied for permanent residency and are waiting for the results

You can apply for a work permit from within Canada if you are waiting for a decision on one of the following permanent residence applications:

• Inland sponsorship
• TRP holder and permanent resident applicant

For example: You are living with your Canadian citizen spouse, have applied for sponsorship inland, and have a letter confirming that your application has been received. You can apply for an open work permit if you are still living with your sponsor and your documents are valid.

Case 6: You are allowed to work without a permit, but want to apply for a permit for another job

Some people can work in Canada without a permit, for example:

• Performing Artist
• Reporter
• Professional or amateur athlete
• Clergy, conference lecturers, military personnel, diplomatic representatives

If you fall into this group and want to do other work that requires a work permit, you can apply from within Canada.

Ngoài ra, nếu bạn đang giữ “tình trạng được duy trì” (xem phần cuối bài), bạn cũng có thể tiếp tục làm việc trong khi chờ giấy phép mới.

Case 7: You are a professional, investor, trader or internal transferee under the CUSMA agreement

The CUSMA (Canada – United States – Mexico) Agreement allows US or Mexican citizens to apply for a work permit if they fall into one of the following groups:

• Professional: Have qualifications and employment in 63 accepted occupations.
• Internal Transferee: Transferred by a multinational company to a branch in Canada.
• Trader: Conducts significant trade between Canada and his home country.
• Investor: Significant investment in a business in Canada.

Case 8: You have filed a refugee claim

If you have applied for asylum in Canada and are waiting for it to be processed, you may be able to apply for a work permit. You will need to prove:

• At risk of torture, persecution, or death if returned to the country;
• Reasons for asylum stem from race, religion, nationality, political opinion or membership in a particular social group.

Case 9: You are a recognized refugee or person in need of protection

If the Immigration and Refugee Board of Canada (IRB) has recognized you as a Convention refugee or person in need of protection, or if you have been approved after completing a Pre-Removal Risk Assessment (PRRA), you may apply for a work permit from within Canada.

Maintained Status

If you apply for an extension before your current permit expires, you can stay in Canada and continue to study/work under the conditions of your old permit until your new permit expires.

Example:

• Workers may continue to work under the terms of their old permit.
• International students can continue their studies.
• Tourists can continue to stay in Canada.

Note: Work permits cannot be issued beyond the validity of your passport. Please check your passport and renew if necessary.