Who Can Apply for a Work Permit from Within Canada?
For most foreign nationals, applying for a work permit in Canada requires submitting an application from outside the country. However, Immigration, Refugees and Citizenship Canada (IRCC) recognizes specific situations where individuals can apply for a work permit while already in Canada.
Understanding these eligibility criteria is crucial for foreign nationals seeking to work legally in Canada without having to leave the country. IRCC has outlined nine primary scenarios where in-Canada applications are permitted. These scenarios cover a range of circumstances, from holding a valid study or work permit to being a family member of a permit holder or a refugee claimant.
Eligibility Scenarios for In-Canada Work Permit Applications
- Valid Study or Work Permit Holders: If you currently hold a valid study or work permit and are physically present in Canada, you can apply for a new work permit before your current permit expires.
- Family Members of Permit Holders: Spouses, common-law partners, or dependent children of a valid study or work permit holder may also be eligible to apply from within Canada.
- Post-Graduation Work Permit (PGWP) Eligibility: International students who have completed their studies and hold a valid study permit at the time of application can apply for a PGWP from within Canada.
- Temporary Resident Permit (TRP) Holders: Foreign nationals with a TRP valid for at least six months can submit a work permit application while in Canada.
- Permanent Residence Applicants: Individuals waiting for a decision on certain in-Canada permanent residence applications may apply for a work permit while their application is being processed.
- Refugee Claimants: Those who have made a claim for refugee protection and are awaiting a decision can apply for a work permit from within Canada.
- Recognized Refugees or Protected Persons: Individuals recognized as Convention refugees or protected persons by the Immigration and Refugee Board of Canada are eligible to apply for a work permit.
- Workers Authorized to Change Jobs: Certain individuals who are allowed to work without a permit but need one to change jobs can apply from within Canada. This does not apply to business visitors.
- CUSMA Professionals and Others: Foreign nationals admitted under the Canada–United States–Mexico Agreement (CUSMA) as traders, investors, intra-company transferees, or professionals may also apply for a work permit from within Canada.
These scenarios highlight the various pathways available for foreign nationals to transition their status or extend their stay in Canada while maintaining legal work privileges.
Who Is Not Eligible to Apply from Within Canada?
While there are several scenarios that allow foreign nationals to apply for a work permit from within Canada, not everyone is eligible. Visitors to Canada who do not meet any of the specified conditions outlined by IRCC are generally not permitted to apply for a work permit from within the country. These individuals must instead apply from outside of Canada.
Application Process for a Work Permit from Within Canada
The process for applying for a work permit from within Canada involves several steps, which must be followed carefully to ensure a successful application. Below is an overview of the key steps:
- Check Eligibility: Review the IRCC criteria to confirm that you meet one of the scenarios that allow you to apply from within Canada.
- Prepare Documents: Gather all required documents, including a valid passport, photographs, IMM forms, proof of your current status in Canada, and any additional supporting documents or certifications.
- Create or Log in to Your IRCC Account: You must have a secure IRCC account to submit your application online. If you do not already have an account, you will need to create one.
- Complete the Correct Application Form: Use form IMM 5710 for applications submitted from within Canada. Note that IMM 1295 is used for applications submitted from outside Canada.
- Pay Application Fees: As of 2025, the processing fee for a work permit application is typically around $340 CAD. Ensure you pay the correct fees to avoid delays.
- Submit Biometrics: You may be required to provide biometrics at a visa application center if you have not done so previously. This includes fingerprints and a photo.
- Track Your Application and Await a Decision: You can monitor the progress of your application through your IRCC account. If your application is approved, IRCC will issue a letter of introduction.
- Receive Your Work Permit: If you are already in Canada, you will present the Letter of Introduction to receive your work permit.
Maintaining Your Legal Status in Canada
It is crucial to apply for a new work permit or an extension before your current permit expires to maintain your legal status in Canada. If your permit has expired, you may lose eligibility to apply from within Canada and may need to take steps to restore your status if possible.
Open Work Permit Eligibility Changes as of 2025
As of January 21, 2025, significant changes have been introduced to the eligibility criteria for open work permits (OWP) for spouses and family members of workers and students in Canada. These changes aim to align work permit eligibility with Canada’s labor market priorities. Key updates include:
- Spouses of Foreign Workers: Eligibility for an open work permit is now limited to spouses of foreign workers in skilled occupations (TEER 0, 1, and certain TEER 2 and 3) who have at least 16 months remaining on their permit.
- Spouses of International Students: Spouses of international students are only eligible for an open work permit if the student is enrolled in a graduate or professional degree program, such as a Master’s, PhD, Medicine, Law, or select bachelor programs in nursing or education.
- Dependent Children: Under the new rules, dependent children are no longer eligible for an open work permit.
These updated criteria aim to streamline the system and ensure that work permit eligibility aligns with Canada’s labor market needs while providing opportunities for certain family members to work in Canada.
Conclusion
Applying for a work permit from within Canada offers a convenient pathway for eligible foreign nationals to continue working legally without leaving the country. IRCC has established clear eligibility criteria, covering scenarios such as holding a valid study or work permit, being a family member of a permit holder, or having refugee status. Understanding these criteria and following the application process carefully is essential to maintaining legal work privileges in Canada.
Recent changes, such as the updated eligibility rules for open work permits as of January 21, 2025, highlight IRCC’s efforts to align work permit policies with Canada’s labor market needs. These changes aim to streamline the system while providing opportunities for certain family members to work in Canada.
It is crucial for applicants to apply for a new work permit before their current one expires to avoid losing legal status. Failure to do so may require taking additional steps to restore status, which can be complex and time-consuming.
Frequently Asked Questions (FAQ)
Who is eligible to apply for a work permit from within Canada?
Eligibility is limited to specific scenarios, such as holding a valid study or work permit, being a family member of a permit holder, having refugee status, or being a permanent residence applicant. Check IRCC’s criteria to confirm eligibility before applying.
How do I apply for a work permit from within Canada?
The application process involves checking eligibility, preparing documents, creating an IRCC account, completing form IMM 5710, paying fees, submitting biometrics, and tracking the application through your IRCC account. Ensure all steps are followed carefully to avoid delays.
Can dependent children apply for an open work permit?
As of January 21, 2025, dependent children are no longer eligible for an open work permit. Only spouses of foreign workers in skilled occupations and spouses of international students in specific programs may qualify under the updated rules.
Do I need to provide biometrics for my work permit application?
Yes, you may be required to provide biometrics (fingerprints and a photo) as part of the application process. This is typically done at a visa application center if you have not previously submitted biometrics for a Canadian immigration application.
How long does it take to process a work permit application from within Canada?
Processing times vary depending on the complexity of the application and the workload of IRCC. Applicants can track their application status through their IRCC account and should apply well in advance of their current permit’s expiration date.
What happens if my work permit expires before I apply for a new one?
If your work permit expires, you may lose your legal status in Canada and could become ineligible to apply for a new work permit from within the country. You may need to apply to restore your status, which can be a lengthy process.
