The validity of the interim work authorization letter has been changed from 120 days to 180 days from the date IRCC receives the application.
A foreign national who submits the form “Application to change conditions, extend my stay or remain in Canada as a worker” [IMM 5710] to renew their work permit may be submitting two applications in one. The temporary resident is applying under section R181 for an “extension of authorization to remain” and under section R201 to “renew the work permit”. If submitted before the expiry of their current work permit
If submitted before the expiry of their current work permit, this combined application has 3 effects:
- Should a final decision not be made on the application under section R181 before the expiration of their current status, the temporary resident’s status will be maintained by law under subsection R183(5).
- The application for renewal under section R201 allows the foreign national to work without a permit under paragraph R186(u) until a decision is made, unless they leave Canada or fail to comply with conditions imposed.
- Any conditions imposed on the current work permit carry over to the work without a permit period under paragraph R186(u). For example
- The holder of an employer-specific work permit may only continue to work for the same employer.
- The holder of an open work permit may continue to work for any employer until the decision is made on the renewal of the work permit.
- The holder of an open-employer but occupation-restricted work permit may not work in any restricted occupations.
Once the decision has been made, the foreign national either will have to leave Canada if the application is refused or may continue working with the new permit.
Interim proof of work – Acknowledgement of receipt
Upon receipt of an online work permit application, a generic temporary resident acknowledgement of receipt (TR Acknowledgement of Receipt) is sent automatically by the Global Case Management System (GCMS).
The letter is provided to applicants as proof that they have continued authorization to work, and the validity date is added to give employers and other stakeholders a more concrete period of time of authorized work. IRCC has found in the past that employers and stakeholders are reluctant to accept an unknown period such as “until a decision is made.”
Open work permit holder
If the applicant is applying to
- renew an open work permit, paragraph R186(u) applies, and the open work permit conditions continue to apply while the application is being processed
- renew the work permit as an employer-specific work permit, paragraph R186(u) applies, and the open work permit conditions continue to apply while the application is being processed
- change to a study permit or visitor record, paragraph R186(u) does not apply
If the applicant is applying for a new work permit, paragraph R186(u) does not apply.
Employer-specific work permit holder
If the applicant is applying to
- renew with the same employer and the same conditions, paragraph R186(u) applies
- renew with the same employer but different conditions, paragraph R186(u) applies; however, while waiting for a decision, the worker must continue to comply with the original conditions
- renew with a different employer, paragraph R186(u) applies; however, the worker cannot start working for the new employer until the renewal application is approved
- renew the work permit as an open work permit, paragraph R186(u) applies; however, the worker cannot start working for a new employer until the renewal is approved
- change to a study permit or visitor record, they are not renewing under section R201 and therefore paragraph R186(u) does not apply
Source: IRCC Program Delivery Updates: March 26, 2024