Eligibility requirements if you apply from inside Canada

Applying for a Study or Work Permit from Inside Canada: Key Eligibility Criteria

Canada is a popular destination for students and professionals worldwide, offering excellent opportunities for education and employment. If you’re already in Canada and are considering applying for a study or work permit, it’s essential to understand the eligibility criteria set by Immigration, Refugees, and Citizenship Canada (IRCC). This blog will guide you through the key points to consider when applying for a study or work permit from inside Canada.

1. Holding a Valid Study or Work Permit

If you currently hold a valid study or work permit in Canada, you are eligible to apply for a new permit from within the country. This is a common situation for international students who want to extend their stay to continue their studies or switch to a work permit after graduation.

2. Spouse or Parent Holding a Valid Permit

Another scenario where you can apply from within Canada is if your spouse, common-law partner, or parent holds a valid study or work permit. This provision recognizes the importance of family unity and allows family members of permit holders to apply without leaving Canada.

3. Eligibility for a Post-Graduation Work Permit

If you have recently completed your studies in Canada and are eligible for a post-graduation work permit (PGWP), you can apply for it while still in the country. A PGWP allows you to gain valuable Canadian work experience, which can be a crucial step toward permanent residency.

4. Holding a Temporary Resident Permit Valid for 6 Months or More

You can also apply for a study or work permit if you or your spouse, common-law partner, or parent holds a temporary resident permit (TRP) that is valid for at least six months. A TRP is issued in exceptional cases where someone is otherwise inadmissible to Canada but has been allowed to enter the country due to compelling reasons.

5. Waiting on a Decision for Permanent Residence

If you are in Canada and waiting for a decision on your permanent residence application, you may be eligible to apply for a work or study permit. This is particularly applicable if you are applying under categories like the spouse or common-law partner in Canada class or the temporary resident permit holder class.

• Spouse and Common-Law Partner in Canada Class: This category is for spouses and common-law partners of Canadian citizens or permanent residents who are already living in Canada. While waiting for permanent residency, you can apply for a work permit to support yourself.
• Temporary Resident Permit Holder Class: If you hold a TRP and have applied for permanent residence, you can apply for a work permit to help sustain yourself while your application is being processed.

6. Making a Claim for Refugee Protection

Individuals who have made or intend to make a claim for refugee protection in Canada are also eligible to apply for a work or study permit from within the country. This provision ensures that asylum seekers can support themselves while their claims are being processed.

7. Recognized as a Convention Refugee or Protected Person

If you have been recognized as a Convention refugee or protected person by the Immigration and Refugee Board of Canada, you are eligible to apply for a study or work permit from inside Canada. This recognition is granted to individuals who cannot return to their home country due to a well-founded fear of persecution.

8. Allowed to Work in Canada Without a Permit

Certain individuals are allowed to work in Canada without a work permit, but if you want to switch jobs or work in a different field, you may need to apply for a work permit. For example, business visitors can work in Canada temporarily without a permit, but this only applies to specific activities and not to general employment.

9. CUSMA Professionals

Under the Canada-United States-Mexico Agreement (CUSMA), certain professionals, traders, and investors can work in Canada without needing a labor market impact assessment (LMIA). If you fall under this category, you can apply for a work permit from inside Canada.

Conclusion

Understanding the eligibility criteria for applying for a study or work permit from inside Canada is crucial for anyone looking to extend their stay in the country. Whether you are a student transitioning to a work permit, a family member of a permit holder, or a professional under CUSMA, knowing your options can help you navigate the application process more smoothly.

Applying from inside Canada offers several advantages, including the ability to stay in the country while your application is processed. This can be particularly beneficial for those who have already established themselves in Canada and want to continue their journey towards permanent residency.

For more detailed information and to begin your application process, visit the official Immigration, Refugees, and Citizenship Canada (IRCC) website.