Apply for Work Permit Inside Canada

Mercy is a Kenyan citizen who travelled to Canada last month with her husband. Her husband is an international student in Canada. Consequently, Mercy holds a Visitor Record valid for the next two years. Unfortunately, her Visitor Record does not allow her to work in Canada. Since she needs income to help with their household expenses, she wonders if she could apply for a work permit in Canada.

Apply for a work permit before entering Canada or at a port of entry.

The government of Canada allows every work permit applicant to submit their application for work before entering Canada. Of course, they need to wait for the results. If approved, they may travel to Canada and receive their work permit document at a port of entry (POE). However, under certain circumstances, you may apply for a work permit upon arriving in Canada or after entry. For the latter, keep reading this article. For the former, visit the following page:

• Apply for a Work Permit at the Port of Entry

Who may apply for a work permit after entry?

You may apply for a work permit after entering Canada if you

1. are studying in Canada with a valid study permit,
2. are working in Canada with a valid work permit,
3. hold a temporary resident permit (TRP) that is valid for six months or more,
4. are not a business visitor but legally working in Canada without a permit,
5. a dependent child, a spouse, or a common-law partner of any of the people mentioned above,
6. are applying for a work permit under NAFTA,
7. have received a positive referral from the Department of Foreign Affairs and International Trade,
8. applied for a work permit before entering Canada, and the application was approved in writing, but IRCC has not issued the permit [practitioners see R199],
9. a refugee claimant waiting for the Refugee Protection Division hearing (some exceptions apply),
10. hold a removal order that is not enforceable [practitioners see R206],
11. applied for permanent residency under the spouse or common-law partner in Canada class,
12. a protected person,
13. have successfully passed stage one of an H&C application,
14. a dependent child, a spouse, or a common-law partner of any of the people mentioned on rows k to m [practitioners see R207], or
15. a vulnerable worker or a family member of a vulnerable worker [practitioners see R207.1].
16. a Mexican or US citizen applying for a work permit under CUSMA for professionals, traders, or investors.

What documents do I need?

Depending on the nature of your application, you may need some or all of the following documents:

• An LMIA or a file number that shows you are exempt from an LMIA (for employer-oriented jobs)
• A copy of the documents that show you are eligible to apply from inside Canada (e.g. a copy of your valid study permit or your spouse’s work permit)
• Identity documents such as passports, digital photos, etc.
• Relationship documents such as a marriage certificate
• Completed form IMM 5710 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker)
• If you are in a common-law relationship, you may need to complete the Statutory Declaration of Common-Law Union form [IMM 5409]
• If you have a representative, the Use of a Representative form [IMM 5476] and a submission letter by your representative

Of course, this list is neither inclusive nor exclusive. Depending on your particular circumstances, the list could change. Regardless, you may apply online or in the paper.

What if I am not eligible to apply after entry?

If you are inside Canada but not eligible to apply for a work permit from inside Canada, consider one of the following options.

• Leave Canada and apply from outside Canada. You may return to Canada only after the officer makes a final decision about your application.
• Go to a land crossing (POE) between Canada and the United States and apply for a work permit there. We call this practice flagpoling. You must hold a valid or implied status while making such a move. Please note that the government of Canada stopped flagpoling for most applicants on December 23, 2024. However, you may still apply if you are on the exemption list.

Biometrics for in-Canada applicants

Starting December 3, 2019, if you are applying from inside Canada, you may need to provide biometrics. Read the following article for more information:

• Biometrics for In-Canada Applicants

Let us help!

If you need to apply for a work permit, book a consultation session with me. Alternatively, you can fill out the following form to contact our team.