Who Can Apply for a Work Permit from Within Canada?

Understand the 9 Scenarios That Let You Apply Without Leaving the Country

When foreign nationals consider working in Canada, the general rule is that a work permit must be applied for from outside Canada. However, Immigration, Refugees and Citizenship Canada (IRCC) has clearly defined nine specific situations in which a foreign national may apply for a work permit while physically present in Canada.

This guide will walk you through each of those scenarios in detail, explain what “maintained status” means, and help you understand how to apply for a work permit from within Canada.

✅ Why It Matters: Flexibility and Continuity

Applying from inside Canada allows for continuity in legal status and the ability to remain and, in some cases, even work while the application is processed. This is especially important in a country where immigration status often intersects with career and education pathways.

📌 The 9 Scenarios to Apply for a Work Permit From Within Canada

Let’s explore the specific IRCC-approved circumstances:

1. You Have a Valid Study or Work Permit

If you already hold a valid study or work permit and are physically present in Canada, you’re eligible to apply for a new work permit before your current permit expires.

🔹 Important: If your permit has expired, you no longer qualify under this scenario and must restore your status or apply from outside Canada.
🔹 Tip: IRCC recommends applying at least 30 days before expiration.

Example:
You are in Canada on an employer-specific work permit and get laid off. You receive a new job offer and apply for a new permit 31 days before your current status expires—you qualify!

2. Your Spouse, Common-Law Partner, or Parent Has a Valid Study or Work Permit

If you’re in Canada and your spouse, partner, or parent holds a valid study or work permit, you can apply for a work permit too—as long as their status is still valid.

Example:
Your spouse is studying in Canada and just completed their degree. You still have 90 days (the usual post-completion validity window) to apply for your work permit.

3. You’re a Student Eligible for a Post-Graduation Work Permit (PGWP)

If you’ve graduated from a Designated Learning Institution (DLI) in Canada and your study permit is still valid, you may be eligible for a Post-Graduation Work Permit (PGWP). This is an open work permit that lets you work for almost any employer across Canada.

To qualify:
✅ Your study permit must still be valid
✅ You must meet all PGWP eligibility requirements

⏳ You have 180 days from the date your final grades are issued to apply.

4. You, Your Spouse, or Parent Holds a Temporary Resident Permit (TRP) for 6+ Months

TRPs are granted to individuals who are inadmissible or otherwise ineligible under immigration rules but need to be in Canada for urgent or compelling reasons (e.g., medical treatment, family events, business needs).

If you, your spouse, or your parent holds a TRP valid for 6 months or longer, you may apply for a work permit from within Canada.

5. You Have Submitted a PR Application and Are Waiting for a Decision

You can apply for a work permit while awaiting a decision on your permanent residence application if you applied under:

• The Spouse/Common-law Partner in Canada class

• The Overseas Family Class

• The TRP holder class

This ensures that your legal status and income source aren’t interrupted while IRCC processes your PR application.

Key Conditions:

• You must prove your relationship is genuine

• You have received an Acknowledgement of Receipt (AOR) for your PR file

• You and your sponsor live together in Canada

6. You Are Allowed to Work Without a Work Permit But Need One for a New Job

Some categories of individuals can legally work in Canada without a work permit, including:

• Performing artists

• Athletes

• Guest speakers

• Foreign government officials

• Clergy

• News reporters

• Healthcare students in short-term practicums

• Military personnel

• And others

If you are in one of these categories and wish to take on a different job that does require a permit, you may apply from within Canada.

7. You’re a CUSMA Professional, Intra-Company Transferee, Trader, or Investor

Under the Canada-United States-Mexico Agreement (CUSMA), citizens of the U.S. and Mexico may apply for a work permit from inside Canada if they fall under these categories:

These categories allow qualified applicants to remain and work in Canada while applying for the required permit.

8. You Will or Have Made a Refugee Claim

If you’re physically present in Canada and have submitted a refugee (asylum) claim, you may be eligible for a work permit. To qualify:

• You must fear persecution based on race, religion, political opinion, nationality, or belonging to a specific social group.

• You must show that returning to your home country would expose you to torture, cruel and unusual punishment, or life-threatening conditions.

IRCC allows eligible refugee claimants to work legally while their case is processed.

9. You’re a Convention Refugee or Protected Person

If the Immigration and Refugee Board (IRB) has already ruled that you are a convention refugee or protected person, or IRCC has given a positive Pre-Removal Risk Assessment (PRRA) decision, you can apply for a work permit from within Canada.

🔁 What is Maintained Status?

When your work or study permit is about to expire but you apply for a new permit before the expiration date, you are put under maintained status.

Maintained status means:

• You can stay in Canada legally

• You can continue working or studying under the same conditions as your previous permit

• This status continues until a final decision is made on your new application

⚠️ If you leave Canada, your maintained status ends, and you must wait for the decision before returning.

📋 How to Apply for a Work Permit From Within Canada

To apply, you must meet both the specific scenario eligibility and general eligibility criteria.

✅ General Eligibility Criteria:

• Prove your intent to leave Canada when your permit expires

• Have enough money to support yourself (and family)

• Be admissible (no serious medical or criminal issues)

• Provide biometrics, police certificates, and medical exams (if requested)

💻 Application Steps:

1. Create/log into your IRCC secure account

2. Complete the online application form

3. Upload required documents (passport, photos, offer letter, TRP, etc.)

4. Pay the fees:

   • Work permit: $155

   • Open Work Permit Holder fee: $100 (if applicable)

   • Biometrics: $85 (if required)

5. Submit and retain a copy of all documents and receipts

🕒 Processing Time

As of now, the average processing time for in-Canada work permit applications is around 233 days.

Pro tip: Ensure your passport is valid for the full duration of the intended work permit. IRCC will not issue a permit past your passport’s expiry date.

🛑 Who Cannot Apply from Within Canada?

If you don’t meet any of the 9 scenarios outlined above, then you must apply for a Canadian work permit from:

• Outside Canada (via online application)

• Or, if eligible, at a port of entry (limited cases)

Applying from within Canada without eligibility may result in refusal and impact your future status.

🤝 Need Help with Your Work Permit Application?

At Guide Me Immigration, we specialize in all types of work permits and immigration services. Whether you’re a student, worker, refugee claimant, or business professional—we ensure your application is complete, accurate, and submitted on time.

Let us help you take the next step in your Canadian journey. 🛫🍁

📞 Contact Us Today!

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535 20th St W, Unit-C, Saskatoon, SK S7M 0X6

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Unit 170 – 2410 Dewdney Ave, Regina, SK S4R 1H6

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Apt-2D, H-396, R-6 Avenue 3, Mirpur DOHS, Dhaka 1216

📧 Email: info@guidemeimmigration.com
🌐 Website: www.guidemeimmigration.com
📞 Call: +1 (306) 700 7440

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