Usually, work permits for international workers must be applied for outside of Canada. However, some people may apply domestically if they fit into one of
Usually, work permits for international workers must be applied for outside of Canada. However, some people may apply domestically if they fit into one of the categories specified by IRCC. The IRCC permits foreigners to apply for a work permit from within Canada in 9 different situations.
Situation 1: Valid Work Permit or Study Permit
You must already have a current IRCC-issued work or study permit and be physically present in Canada to be eligible under this situation. The validity of your permit is maintained until the date of expiration, which is usually specified on the permit.
For this to be taken into consideration, you have to apply for a work permit before the date on your current permit expires. You are no longer eligible in this situation if your work or study permit has already expired. The IRCC advises applying for a work permit at least 30 days prior to the expiration of your current permit.
Situation 2: Parent, Partner, or Spouse is in possession of a valid Work or Study Permit
You may apply for a work permit if your parent, spouse, or common-law partner was granted entry into Canada for the purpose of working or studying. You must meet all general eligibility work permit requirements.
Your spouse, for instance, has been enrolled in a four-year program at a university and just finished their studies ten days ago. You still have 80 days to apply for a work permit from within Canada because study permits are normally valid for the duration of a person’s program plus an extra 90 days after their studies are finished. If their work permit is still valid, you can apply for your own work permit if your parent, spouse, or common-law partner is temporarily employed in Canada.
Situation 3: Qualifying for a Post-Graduation Work Permit
International students in Canada on study permits have 180 days from the date their school releases their final grades to apply for a Post-Graduation Work Permit (PGWP). Since PGWPs are open work permits (OWPs), you are not restricted to a particular area or employer and are able to work for nearly any company in Canada.
Situation 4: You, Your Spouse, or Your Parents have a six-month or longer Temporary Residency Permit
Under the Immigration and Refugee Protection Act (IRPA) and its regulations, people who are otherwise inadmissible or who have violated the law can temporarily enter Canada with a Temporary Resident Permit (TRP) if,
1) They can provide a legitimate and well-founded explanation for their entry into the nation.
2) There is no threat to Canadian society’s safety or security from their entry.
When officers review your TRP application, they only consider compelling and justified circumstances; any potential risks to Canadian society must be outweighed by your need to enter.
Situation 5: Application submitted and waiting for the result for Permanent Residence
If you have applied for permanent residence and are awaiting a decision on your application, you might be able to apply for a work permit while residing in Canada. According to the IRCC, only individuals in the following classes who are awaiting decisions on their applications for permanent residence are eligible to apply for a work permit while present in Canada.
1) The common-law partner and spouse in the family class in Canada or abroad.
2) The class of TRP holders.
Situation 6: You can work in Canada without a Work Permit, but you need a Work Permit for another job
In some situations, people might be able to work in Canada without a work permit, but they might still need a Temporary Resident Visa (TRV) to enter the country for a short time.
People in the following situations might be able to work in Canada without a work permit.
- Foreign dignitaries, as well as their families and personal employees.
- Military personnel.
- Officers of the United States
- Cross-border maritime law enforcement.
- Security personnel are on the flight.
- Team members
- Athletes, whether professional or amateur.
- Journalists and their media teams.
- Leaders of seminars, commercial speakers, and guest speakers.
- Clergy include laypeople, members of a religious order, and ordained ministers.
- Officials involved in amateur competitions and events such as referees and judges.
- Academics and researchers who review or assess the theses or projects of their students.
- Knowledgeable investigators or witnesses.
- Students studying medicine who are taking part in clinical clerkships or brief practicums.
- Civil aviation inspectors.
- Inspectors for aviation accidents or incidents.
- Crew members are developing a foreign-owned vehicle.
- Emergency service providers.
The IRCC makes it clear that, in this case, business travellers are not eligible. You can apply for a work permit from within Canada to work in a different job if you are one of the people who were previously mentioned as being allowed to work in Canada without a work permit.
If they apply for a new work permit before their current permit expires, and a decision is made, people with maintained status are also eligible to continue working under the terms of their expired permit.
Situation 7: Under CUSMA, you are in Canada
A work permit may be granted to certain U.S or Mexican citizens who meet certain requirements under the Canada-United States-Mexico Agreement (CUSMA), a free trade agreement among these three nations; Citizens, United States of America or Mexico must meet all eligibility requirements for the category (and profession) for which they qualify as well as have a qualifying job offer. Professionals, intra-company transfers, traders, and investors are the categories.
Situation 8: Refugee Protection Claim Made
If you are already in Canada and have applied for asylum or refugee protection to the IRCC, you might be qualified to apply for a work permit from within the country.
You must either have a legitimate fear of persecution, or if you decide to return home, you must think the following is true to qualify for this status.
1) You could be subjected to torture.
2) Your life is at risk.
3) You could face harsh and unusual punishment or treatment.
Because of your race, religion, political beliefs, nationality, or membership in a specific social group, you must be able to demonstrate that you are unable to return to your home country or the country in which you typically reside. You may also be able to apply for a work permit from within Canada if you are stateless and unable to return to your home country because of the circumstances.
Situation 9: Convention or Protected Refugee
For you to be classified as a convention refugee, the Immigration and Refugee Board of Canada (IRB) must have reviewed your case and determined that you meet the requirements listed in scenario eight (above).
To qualify as a protected person, the IRB must determine that you are either a convention refugee or in need of protection. Additionally, if the IRCC found that your Pre-Removal Risk Assessment (PRRA) was positive, you might be regarded as a protected person. If you meet all other requirements and fit into one of these two categories, you might be able to apply for a work permit from within Canada.
Application Process
You need to fulfill the prerequisites for the specific work permit you want to apply for. Unless you are unable to do so due to a disability, there is a problem with the online application, or you are applying for both a TRP and a study/work permit at the same time, you will typically need to apply online.
The following steps must be taken in order to apply for a work permit from within Canada (via your IRCC secure account).
1) Go through the instruction manual from cover to cover.
2) Since these will differ from scenario to scenario, make sure you fulfill all eligibility requirements for the scenario you are applying under.
3) Verify that you fulfill all general requirements for eligibility for a work permit, such as the following.
- Assure immigration officials that you intend to return home after your work term is over.
- Assure that you have enough money to support yourself (and any family members if applicable) while in Canada and when you return home.
- It must not pose a threat to Canada’s security and be admissible in Canada for both criminal and medical purposes.
- A police clearance certificate, biometrics, and/or a medical examination if requested by the IRCC.
4) Complete the relevant forms using the information in your checklist of automatically generated documents.
5) For your situation, provide the primary and supporting documentation.
6) Cover the work permit processing fee ($155), the open work permit (OWP) processing fee ($100), and any additional fees that may be required, including an $85 biometrics fee.
7) File the application and await the IRCC’s ruling.
For future use, preserve a copy of your paperwork, completed forms, and payment receipt. Currently, work permit applications filed from within Canada take 233 days to process.
Conclusion
Work permits are not easy to obtain. We at CWC help you choose the right type of permit and assist you in the application process. Our professional consultants provide expert support to make your process smooth and successful.