Continued authorization to work pending decision on work permit renewal [R186(u)]: Authorization to work without a work permit – International Mobility Program (IMP)
All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. Consult the list of programs that are exempt from the in-Canada mandatory electronic application requirement.
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR), temporary resident status and the authorization to work in Canada are separate considerations. Subsection A22(1) provides the requirements for foreign nationals to enter and remain in Canada as temporary residents with a specified period of authorized stay. A foreign national may also be authorized to work in Canada without a work permit [R186] or be issued a work permit [R200 or R201].
Note: Extending the authorized period of stay under subsection R183(5) does not authorize a foreign national to continue working in Canada while their application for a renewal of their work permit under R201 is in progress. The foreign national must meet the requirements of paragraph R186(u) to continue working without a work permit. Paragraph R186(u) applies only until a decision is made on the work permit renewal application.
Paragraph R186(u) allows foreign nationals to work without a permit if they have done all of the following
- applied to renew their work permit under section R201 before the initial work permit expired
- remained in Canada (meaning they have not physically left)
- continued to comply with the conditions set out on the expired work permit, other than the expiry date
On this page
- Work permit exemption authorities
- Quick reference guide
- Interim proof of work – Acknowledgement of receipt
- Other application situations and applicable authorities
- International Experience Canada (IEC) program participants applying for a non-IEC work permit
- Post-graduation work permit (PGWP) holders applying for a non-PGWP work permit
- A subsequent work permit application submitted while the first is still being processed
- Application of the employer compliance regime when the temporary resident is working under the authority of paragraph R186(u)
Work permit exemption authorities
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 is, in effect, seeking to:
- renew their work permit under section R201; and
- extend their authorization to remain in Canada as a temporary resident under section R181, if applicable.
A temporary resident must hold an existing work permit in order to be considered as applying to renew it under section R201.
If the application was submitted before the expiry of their current work permit, and until a final decision is made, a foreign national:
- is allowed to work without a permit under paragraph R186(u); and
- has their period of authorized stay extended (maintained status) under subsection R183(5), if applicable.
A foreign national is only authorized to work without a permit under R186(u) if they have remained in Canada and continue to comply with the conditions of the expired work permit.
For example, if working under R186(u), the applicant
- must continue to work for the same employer, in the same occupation and region, as stated on their expired employer-specific work permit
- can work for any employer, in any occupation and region, if they have an expired unrestricted open work permit
- can work for any employer, but in stated occupation(s) or locations, if they have an expired open work permit with occupation or location restrictions
Note: A worker who held an employer-specific work permit but is changing employers or occupations may apply for the Temporary public policy to exempt foreign nationals in Canada from certain requirements when changing employment and if they receive a positive public policy decision, they may start working for the new employer or in the new occupation without a new work permit before a decision on the renewal application is made.
If the renewal application is refused, the foreign national must leave Canada. If the renewal application is approved, the foreign national may continue working according to the conditions of their new work permit.
Quick reference guide
The following guide provides a quick reference on when applicants may work without a work permit under the authority of paragraph R186(u) while they are waiting for a decision on a work permit renewal application under section R201.
Officers can select the heading below that reflects the applicant’s initial authorization to work:
- Authorized to work without a work permit under section R186 or exempt from the requirement to obtain a work permit pursuant to the Public policy facilitating entry into Canada for short-term work
Paragraph R186(u) does not apply if the applicant is
- applying for an initial work permit (first time work permit applicant), paragraph R186(u) does not apply
- in Canada working under the authority of section R186 or pursuant to a Public policy facilitating entry into Canada for short-term work, when they apply for an employer-specific or open work permit, they are applying for an initial work permit under section R200, not a renewal under section R201
Employer-specific work permit holders
Paragraph R186(u) applies if the applicant is applying to
- renew with the same employer and the same conditions
- renew with the same employer but different conditions (however, while waiting for a decision, the worker must continue to comply with the initial conditions)
- renew with a different employer (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 (however, the worker cannot start working for a new employer until the renewal is approved)
Paragraph R186(u) does not apply if the applicant is applying to
- change to a study permit or visitor record, as they are not applying under section R201
Open work permit holders
Paragraph R186(u) applies if the applicant is applying to
- renew an open work permit, 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, and the open work permit conditions continue to apply while the application is being processed
Paragraph R186(u) does not apply if the applicant is applying to
- change to a study permit or visitor record
Interim proof of work – Acknowledgement of receipt
When an online work permit application is received, a generic temporary resident acknowledgement of receipt (TR Acknowledgement of receipt) is sent automatically by the Global Case Management System (GCMS).
As of October 20, 2020, after sending the TR Acknowledgement of receipt, GCMS will automatically send a second letter (IMM 5988 - WP-EXT only except post-graduation work permit (PGWP)) indicating that the foreign national is authorized to work under paragraph R186(u), if all necessary conditions are met.
Letter validity
While the letter has a validity date of 365 days, the letter does not override the authorities or requirements in R186(u). If the foreign national leaves Canada or a final decision is made on the application renewal, the requirements of R186(u) are no longer met and the letter is no longer valid.
If the work permit application has not been finalized by the date provided on the letter, the client may continue to keep working as per R186(u) until a decision is made provided they continue to meet the R186(u) requirements. They do not need to submit a request to IRCC to issue a second letter. See client instructions.
Other application situations and applicable authorities
In certain circumstances, a foreign national who submits the form “Application to change conditions, extend my stay or remain in Canada as a worker” [IMM 5710] may be seeking to
- obtain a new work permit (rather than a renewal)
- change categories of work permit where there are specific validities
First work permit in Canada
If a foreign national is applying for their first work permit from within Canada, they are applying under section R200. This is not a renewal under section R201.
This includes, but is not limited to
- spouses of international students or skilled workers who entered Canada as visitors
- foreign nationals in Canada working under the authority of section R186
In this situation, paragraph R186(u) does not apply. These foreign nationals can only begin work when they receive their work permit, unless authorized by the Regulations or a temporary public policy.
However, if their period of authorized stay expires before a decision on their work permit application is made, this period is extended by law during the processing period.
In other words, they would have maintained their TR status as visitors, but cannot work without a work permit under R186(u).
No existing temporary resident status
Some foreign nationals do not hold temporary resident status, such as refugee protection claimants or foreign nationals under an unenforceable removal order.
They may apply for a work permit renewal under section R201 and benefit from the authorization to work without a permit under paragraph R186(u).
However, they are not considered to be applying to extend their authorization to remain in Canada as a temporary resident under section R181 as they have no temporary resident status.
International Experience Canada (IEC) program participants applying for a non-IEC work permit
Under International Experience Canada (IEC), the discontinuation clause in Youth Mobility Agreements only applies between one IEC participation and the next IEC participation.
If a temporary resident applies for a work permit renewal (extension) outside of the IEC program while their IEC work permit is still valid, they may benefit from the authorization to work without a permit under paragraph R186(u). The conditions of their IEC work permit are maintained until a decision is made.
The period of time when they are authorized to work without a permit is not considered an extension of their IEC participation.
Post-graduation work permit (PGWP) holders applying for a non-PGWP work permit
The PGWP has validity limits and is not renewable. Work permits are issued for a minimum of 8 months up to a maximum of 3 years based on the length and level of the study program.
If a PGWP holder applies for a work permit renewal outside of the PGWP, they may benefit from the authorization to work without a permit under paragraph R186(u).
A subsequent work permit application submitted while the first is still being processed
Refer to: Subsequent application during processing period for instructions on maintained status.
The first 2 scenarios provide guidance when subsequent work permit applications are submitted. In these scenarios:
- The temporary foreign worker (TFW) had an initial work permit.
- The TFW submitted a first work permit application before their initial work permit expired
- The TFW submitted a subsequent work permit application while the first work permit application was still being processed.
Note: Regardless of the outcome of the first application, IRCC officers must still process the subsequent application. It is recommended that officers processing extension applications check for any additional outstanding extension applications and process all of them at the same time.
Scenario 1
The initial work permit was still valid when the first and subsequent work permit renewal applications were submitted.
| Final outcome of the first work permit application | Then… | Impact of the first work permit renewal outcome on the subsequent application(s) |
|---|---|---|
| Pending | The first work permit application meets the criteria of R183(5) and R201.The applicant may benefit from maintained status under R183(5) and work authorization under R186(u), where applicable, until a decision is made on the first application, unless the application was returned. | The subsequent work permit application meets the criteria of R183(5) and R201.The applicant may benefit from maintained status under R183(5) and work authorization under R186(u), where applicable, until a decision is made on the this application, unless the application was returned. |
| Approved | The new work permit provides updated conditions regarding period of authorized stay and work. | Maintained status under R183(5) or work authorization R186(u) are not applicable. The applicant has authority to work and the period of authorized stay is as per new work permit. If the subsequent application is approved and a WP issued: Both permits may remain valid. The applicant may hold 2 permits at the same time. They must comply with conditions on both. The period of authorized stay will be whichever validity date is longest. If the subsequent application is refused: The period of stay and conditions on the existing work permit continues to apply. |
| Refused or withdrawn [See note regarding the impact of withdrawal and rejection of applications] |
The applicant may benefit from maintained status under R183(5) and work authorization under R186(u), where applicable, until a decision is made on the first application or the applicant withdraws it, whichever is first. | The subsequent work permit application meets the criteria of R183(5) and R201. The applicant may benefit from maintained status under R183(5) and work authorization R186(u), where applicable, from the time the initial work permit expires until a decision is made on their subsequent application or the applicant withdraws it, whichever is first Once a decision is made on their subsequent application:
If the subsequent application is approved and a WP is issued,
If the subsequent application is refused or withdrawn:
|
Returned (i.e., a rejection option is chosen in GCMS) for incompleteness under R12 Note: A return/rejection under R12 means that the applicant is considered not to have submitted an application. |
The first work permit application does not meet the criteria of R183(5) or R201. Maintained status under R183(5) and work authorization under R186(u) does not apply under the first application. |
The subsequent work permit application still meets the criteria of R183(5) and R201. The applicant may benefit from maintained status under R183(5) and work authorization R186(u), where applicable, from the time the initial work permit expires until a decision is made on their subsequent application, unless the application was returned. Once a decision is made on their subsequent application:
If the subsequent application is approved and a WP is issued,
If the subsequent application is refused or withdrawn:
|
Scenario 2
The initial work permit was valid when the first work permit renewal application was submitted, but had expired when the subsequent new work permit application was submitted under R200.
| Final outcome of the first work permit application | Then… | Impact of the first work permit renewal outcome on the subsequent application(s) |
|---|---|---|
| Pending | The first work permit application meets the criteria of R183(5) and R201.The applicant may benefit from maintained status under R183(5) and work authorization under R186(u), where applicable, until a decision is made on the first application, unless the application was returned. | - |
| Approved | The new work permit provides updated conditions regarding period of authorized stay and work. | Maintained status under R183(5) or work authorization R186(u) are not applicable. The applicant has the authority to work and period of authorized stay as per new work permit. If the subsequent application is approved and a WP issued: Both permits may remain valid. The applicant may hold 2 permits at the same time. They must comply with conditions on both. The period of authorized stay will be whichever validity date is longest. If the subsequent application is refused: The period of stay and conditions on the first work permit application approval continue to apply. |
Refused or withdrawn The applicant may benefit from maintained status under R183(5) and work authorization under R186(u) until a decision is made on the first application, or the applicant withdraws it, whichever is first. |
The extended period of stay authorized by R183(5) as per this first application as well as their work authorization under R186(u) end. Consult the guidance under Restoration of temporary resident status. |
Work authorization under R186(u) is not applicable as the subsequent work permit renewal application was submitted after the initial work permit expired as required in R201(1)(a). Therefore, the applicant does not benefit from work authorization under R186(u) after the time of the refusal/withdrawal of the first application. Consult the guidance under Subsequent application during processing period for instructions on maintained status. The subsequent application is assessed as a new application under R200, it is not a renewal under R201. The application meets the requirement for application after entry if the applicant has authority to work under R186 at the time of submission. |
Returned (or rejected in GCMS) as incomplete Note: A return/rejection under R12 means that the applicant is considered not to have submitted an application. |
Maintained status under R183(5) and work authorization under R186(u) do not apply under the first application. The applicant is now out of status. The applicant can apply for restoration, if eligible, or leave Canada. |
The subsequent work permit application does not meet the criteria of R183(5) as the foreign national was not within their period of authorized stay when application submitted. It also does not meet the criteria of R201 as the initial work permit expired before this application was submitted. Therefore, the applicant does not benefit from maintained status under R183(5) or work authorization under R186(u) at all. The subsequent work permit application should be refused as the foreign national does not meet the requirements of R200. The applicant has been out of status since the expiry of their initial work permit. The applicant can apply for restoration, if eligible, or leave Canada. |
Scenario 3
If a subsequent work permit application was received after the refusal decision is made on the first renewal application and after the expiry of the applicant’s initial work permit:
- The foreign national is out of status. They can apply for restoration, if eligible, or leave Canada.
- The subsequent work permit application should be assessed against the requirements of R200.
Note regarding the impact of withdrawal and rejection of applications
The withdrawal of an application has the same effect on in-Canada applicants as a refusal. When a work permit application is withdrawn, the applicant retains their status or authorization only up to the date of withdrawal.
In contrast, the rejection of an application has a different effect. When a work permit application is rejected under R12, it is as if the applicant had never submitted an application to begin with.
Application of the employer compliance regime when the temporary resident is working under the authority of paragraph R186(u)
Pursuant to subsection R209.2(2), the period of employment for the employer conditions listed in section 209.2 includes any period during which the temporary resident was authorized to work under paragraph R186(u) after the expiry of their work permit. Therefore, the employer continues to be subject to the conditions and may be subject to inspection until a decision is made on the subsection R201(1) application.
Consult also: