Where and How:
When it comes to working in Canada, understanding where you can apply for a work permit is crucial. There are three ways to apply for a work permit: outside of Canada, inside Canada, and as you enter Canada (also known as on entry). Each way has specific eligibility requirements and processes. In this blog, we’ll provide an overview of where you can apply for a work permit and the conditions/criteria that apply.
Applying for a Work Permit Outside of Canada
The most common way to apply for a work permit is from outside of Canada. This means your application will be processed by a visa office abroad.
Certain types of work permit applications must be submitted outside Canada, including:
- Young Professional Permit: Part of the International Experience Canada (IEC) program, this permit allows young professionals to gain Canadian work experience.
- Working Holiday Permit: Also under the IEC program, this permit is designed for individuals looking to travel and work in Canada temporarily.
You must submit your applications online through the Immigration, Refugees and Citizenship Canada (IRCC)’s MyCIC portal. Once approved, you will receive a Port of Entry (POE) Letter of Introduction (LOI), which you must present upon arrival in Canada. Check your LOI for an expiry date and make sure you enter Canada to activate your work permit before the expiry date.
In most cases, if you are physically outside Canada and are a citizen of a country that requires a temporary resident visa (TRV), you must apply for a work permit outside Canada. This application includes a TRV; you do not need to make a separate application for the TRV. When approved, you will receive a TRV and your LOI.
If you are a citizen of a TRV-exempt country and you apply for a work permit outside Canada, you will receive an LOI when your application is approved. The LOI will include your electronic travel authorization (eTA) number. The eTA is linked to the passport you used to apply for your work permit and you must travel on that passport. If you can’t travel on that passport (i.e. it expired or was lost), you will need to apply for a new eTA with your new passport. You can still use the original LOI.
Applying for a Work Permit as You Enter Canada (On Entry)
Some individuals are eligible to apply for a work permit directly at a Canadian port of entry (POE), like an airport or land border crossing. This option is available to those who are exempt from requiring a Temporary Resident Visa (TRV).
You must be prepared to present all necessary documents to prove your eligibility for a work permit, such as a job offer and a Labour Market Impact Assessment (LMIA), to the border services officer at the POE. A decision is rendered on the spot and you will receive a work permit if the officer approves your application.
If you are in Canada and plan to travel to the Canada/USA border to apply for a work permit, you must ensure you are eligible to apply on entry. Additionally, check the hours and locations that accept work permit applications. This is often referred to as “flagpoling” and is an exercise that needs to be handled with care. Without diligent planning, you may find yourself denied entry to the USA and/or Canada.
Applying for a Work Permit Inside Canada
- Spouses of Temporary Residents: Spouses of individuals who are working or studying in Canada can apply for an open work permit from inside Canada.
- Bridging Open Work Permit (BOWP): This permit is available to individuals who are transitioning from a temporary to a permanent resident status and need to continue working while their permanent residence application is processed. You must be in Canada to apply.
- Open Work Permit for Spouses Under the Public Policy: Spouses being sponsored in the family class can apply for this permit to work while their sponsorship application is processed. You must be in Canada residing with your sponsor (spouse or common-law partner) to apply.
Applications can be submitted online through the IRCC portal. A new work permit will be mailed to your address in Canada if your application is approved. Work permit applications submitted inside Canada do not include a TRV. If you require a TRV, you must submit a separate application for the TRV after your work permit is approved.
Maintained Status
If you are already in Canada with a valid work permit and you have applied to extend your stay as a worker, you can remain in the country and continue working on the same conditions of your original work permit while a decision is pending. This is called “maintained status” and it’s a situation where you are authorized to work without a work permit.
Key Points to Remember:
- Eligibility for New Work Permit: You must be eligible for the new type of work permit you are applying for. For instance, a working holiday permit cannot be extended, but other work permits may be eligible for extension. If you have a working holiday permit, you can apply to extend your stay if you are eligible for another type of work permit.
- Applying Before Expiry: Ensure you apply to extend your stay before your original permit expires. IRCC’s website says you must apply at least 30 days in advance. However, the law states that you benefit from maintained status if your application is submitted before midnight UTC on the date your status expires. We recommend applying at least a week in advance to reduce stress and avoid missing the deadline due to a technical error.
- Remaining in Canada: You must remain in Canada until a decision is made in order to benefit from maintained status and the ability to keep working.
TL;DR
Your country of citizenship and the type of work permit you’re requesting will dictate where and how to apply for a work permit. If you’re applying from inside Canada, you may be able to continuing working while you wait for a decision even if your original work permit expires.
Written on August 29, 2024 by Brooke Finlay
