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Foreign nationals typically must apply for work permits from outside Canada.
Certain individuals, however, may apply from within the country, provided they fall into one of the situations outlined by Immigration, Refugees and Citizenship Canada (IRCC).
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
There are nine scenarios in which IRCC allows foreign nationals to apply for a work permit from within Canada.
Anyone not falling into these nine scenarios must apply from outside Canada, either online or, if eligible, at a port of entry.
Scenario one: You have a valid study or work permit
To qualify under this scenario, you must already be in possession of a valid study permit or work permit issued by IRCC and be physically present in Canada.
Your permit remains valid until its date of expiration (which is typically outlined on the permit). You must apply for a work permit prior to the expiry date listed on your original permit to be considered on this basis.
If your study or work permit has already expired, then you no longer qualify under this scenario; IRCC recommends applying for a work permit at least 30 days before your existing permit expires.
Here’s an example: You’re already in Canada on an employer-specific work permit but have just been terminated from your place of employment.
You secure a job offer from a new employer and apply for a new work permit 31 days before your worker status in Canada expires.
Because you applied for a new work permit before your status expired, you are eligible for consideration under this category.
Scenario two: Your spouse, common-law partner, or parent has a valid study or work permit
If your spouse, common-law partner, or parent was permitted entry into Canada to study or work, and their permit has yet to expire, you may apply for a work permit provided you meet all general eligibility work permit requirements.
Take the following example: Your spouse has been attending a four-year program at an Ontario University and officially completed their studies 10 days ago.
Because study permits are typically valid for the length of an individual’s study program plus an additional 90 days following the completion of one's studies, you still have 80 days to apply for a work permit from within Canada.
If your spouse, common-law partner, or parent is in Canada as a temporary worker, you may apply for a work permit of your own permitted their work permit is still valid.
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
Scenario three: Your study permit is valid and you qualify for a Post-Graduation Work Permit
Foreign nationals in Canada on a study permit, if eligible, have 180 days to apply for a Post-Graduation Work Permit (PGWP) from the date that their school issues their final marks.
PGWPs are open work permits (OWPs), meaning you can work for almost any employer in Canada, and are not bound to a specific location or employer.
You are not automatically eligible for a PGWP simply by graduating from a Designated Learning Institution (DLI) in Canada.
To fall under this scenario, you must
General eligibility;
Eligibility requirements based on study program;
Eligibility criteria based on physical location; and
Field of study requirements (if applicable).
If your study permit is still valid at the time you wish to apply, but you do not qualify for a PGWP due to not meeting one or more of the requirements as part of any of the eligibility criteria categories listed above, you cannot apply for a PGWP from within Canada.
Scenario four: You, your spouse, or parent has a temporary resident permit with a validity of six or more months
A Temporary Resident Permit (TRP) enables individuals who are otherwise inadmissible or have failed to comply with the Immigration and Refugee Protection Act (IRPA) and its regulations to enter Canada temporarily, provided
They can show a valid and justified reason for entering the country; and
Their entry into Canada does not threaten the safety or security of Canadian society.
Only compelling and justifiable circumstances are considered by officers when reviewing your TRP application, and your need to enter must outweigh any potential risks to Canadian society.
Examples of compelling circumstances include business-related travel, visiting a seriously ill or dying family member, or attending significant family events.
TRPs can be issued for periods of time dependent on the length of the visit to Canada up to a maximum of three years.
To be eligible to apply for a work permit from within Canada, you, your spouse, or your parent must have received a TRP with at validity period of at least six months.
Scenario five: You have submitted an application for permanent residence and are awaiting a decision
You may be eligible to apply for a work permit from within Canada if you have applied for permanent residence and are currently awaiting a decision on your application.
IRCC states that only those waiting on decisions for permanent resident applications for the following classes are permitted to apply for a work permit from within Canada:
The spouse and common-law partner in Canada class or overseas family class; and
The TRP holder class.
Take the following example, which falls under the first bullet above:
You (a temporary foreign worker on an employer-specific work permit) and your spouse (a Canadian citizen) are both living together in Canada and you want to become a permanent resident in Canada.
Your partner is willing to be your sponsor, you submit an inland sponsorship application, and you are now waiting for IRCC to process and make a decision on your application.
Your worker status expires in three weeks, and you would like to apply for an OWP. You may be eligible to do so if
You can prove you are in a genuine relationship with your spouse (the sponsor);
You have received an acknowledgement of receipt (AOR) letter for your PR application (meaning IRCC has received and begun processing your PR application); and
You can prove you are living with your sponsor in Canada.
Scenario six: You’re allowed to work in Canada without a work permit, but require a work permit for a different job
In most cases, those intending to work in Canada require a work permit to do so.
Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm
In certain scenarios, individuals may be able to perform work in Canada without a work permit—though they may still require a Temporary Resident Visa (TRV) to enter Canada temporarily.
The following scenarios consists of individuals who may be able to conduct work in Canada without a work permit:
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’ theses 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; and
Certain emergency service providers.
IRCC makes clear that business visitors do not qualify under this scenario.
If you fall under one of the aforementioned examples of individuals permitted to work in Canada without a work permit, you may apply for a work permit from within Canada to work in a different job.
Individuals with maintained status also qualify in the sense that they can continue working under the conditions of their expired work permit if they apply for a new work permit before their original permit expires and a decision is made.
Scenario seven: You are in Canada as a professional, intra-company transferee, trader, or investor under CUSMA
Under the Canada-United States-Mexico Agreement (CUSMA), which is a free trade agreement between these three countries, certain US or Mexican citizens can apply for work permits if they fall under one of the eligible categories.
US or Mexican citizens must have a qualifying job offer and meet all required eligibility criteria for the category (and profession) they are eligible for.
The eligible categories and who they are for can be found in the table below.
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 multi-national 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.
Scenario eight: You will or already have made a claim for refugee protection
If you are currently present in Canada and have already applied to IRCC for refugee protection (asylum), you may be eligible to apply for a work permit from within Canada.
To be eligible for this status, you must have a well-founded fear of persecution or, if you return back to your country, you believe the following to be true:
You are in danger of torture;
Your life is at risk; and/or
You are at risk of being subjected to cruel and unusual treatment or punishment.
You must be able to prove you cannot return to your home country or the country you normally live in due to factors such as your race, religion, political opinion, nationality, or because you belong to a particular social group.
If you are stateless and unable to return to the country you normally live in (due to the above), you may also be eligible to apply for a work permit from within Canada.
Scenario nine: You are a convention refugee or protected person
To fall under this scenario, the Immigration and Refugee Board of Canada (IRB) must have assessed your case and found that you meet the eligibility criteria outlined in scenario eight (above) to be considered a considered a convention refugee.
To be a protected person, the IRB must have found that you are in need of protection or are a convention refugee. You may also be considered a protected person if IRCC gave you a positive decision on your Pre-Removal Risk Assessment (PRRA).
If you fall under either of these two designations and meet all other criteria, you may be eligible to apply for a work permit from within Canada.
Maintained status
All temporary residents permitted entry into Canada as a visitor, worker, or student are expected to leave at the end of their authorized stay.
You may, however, be able to remain in Canada past the expiration date of your permit under maintained status.
Maintained status allows you to stay in Canada under the conditions of your original permit while IRCC processes your work permit application and a decision is made, provided that you remain in Canada.
You can only benefit from maintained status if you apply for a new permit before your original permit expires.
If you are in Canada as a temporary foreign worker, you are authorized to continue working under the same conditions of your current permit until a decision is made on your application.
International students can continue to study under their study permit’s original conditions, and visitors can continue to reside within Canada while IRCC processes their work permit application.
Maintained status will only remain in effect while you remain in Canada and until IRCC makes a decision on your application.
If you leave Canada, you immediately lose your maintained status.
How to apply for a work permit from within Canada
You must meet the requirements for the particular work permit you wish to apply for.
In most cases, you will be required to apply online unless you can’t do so because of a disability, there is an issue with the online application, or you are applying for a study/work permit and a TRP at the same time.
To submit a work permit application from within Canada (through your IRCC secure account), you will have to do the following:
You will not be issued a work permit beyond the expiry date of your travel document.
Check your passport’s validity prior to applying and renew it if needed.
