One of the most common questions among visa applicants is whether they can work while their application is under review. The answer depends on the type of visa, your current status, and the specific immigration regulations where you are applying. In this article, we explore different scenarios and the options available for those waiting for visa approval.
1. Work Permit Holders Applying for an Extension
If you are currently working in Canada and have applied for a work permit extension before your current permit expires, you may be eligible for maintained status (formerly implied status). This allows you to continue working under the same conditions until a decision is made on your new application.
Key Conditions:
- You must remain in Canada while waiting for the decision.
- You can only continue working if you applied for the same type of work permit (e.g. employer-specific to employer-specific).
- If your application is rejected, you must stop working immediately.
2. Study Permit Holders Applying for a Post-Graduation Work Permit (PGWP)
International students who have completed their studies and applied for a PGWP may also be able to work while awaiting a decision.
Eligibility to Work While Waiting for PGWP:
- You must have held a valid study permit at the time of application.
- You must have completed a program of at least eight months at a designated learning institution (DLI).
- You must have been authorized to work off-campus during your studies.
If these conditions are met, you can work full-time while your PGWP application is being processed. However, if your application is refused, you must stop working immediately.
3. Permanent Residence Applicants in Canada
Individuals applying for permanent residence (PR) inside Canada—whether through Express Entry, the Provincial Nominee Program (PNP), or the Canadian Experience Class (CEC)—do not automatically have the right to work while their application is processed.
How Can PR Applicants Continue Working?
- If you already have a valid work permit, you can continue working as long as it remains valid.
- If your work permit is expiring, you may qualify for a Bridging Open Work Permit (BOWP). To be eligible for a BOWP, you must have received an Acknowledgment of Receipt (AOR) confirming that your PR application is in process.
4. Visitors and Applicants Without a Work Permit
If you are in Canada as a visitor or have applied for a visa that does not grant work authorization (such as a visitor visa or a spousal sponsorship application without an open work permit request), you cannot work while your application is processed.
Options for Visitors Who Want to Work in Canada:
- You must apply for a work permit and wait for approval before beginning employment.
- In some cases, visitors may apply for a work permit without leaving Canada, depending on special policies (for example, temporary COVID-19 measures allowed certain visitors to apply from within Canada).
5. Spousal Sponsorship Applicants and Open Work Permits
If you have applied for spousal sponsorship within Canada (Inland Sponsorship), you may be eligible for a Spousal Open Work Permit (SOWP) while waiting for your PR application decision.
Eligibility for SOWP:
- You must be living in Canada with your sponsor.
- Your sponsor must be a Canadian citizen or permanent resident.
- After receiving the Acknowledgment of Receipt (AOR), you can apply for an open work permit, which allows you to work for any employer while your sponsorship application is processed.
Final Thoughts
Whether you can work while your visa application is under review depends on your current immigration status and the type of application you have submitted. If you are in Canada on a valid work permit and have applied for an extension, you can usually continue working under maintained status. Students applying for a PGWP and PR applicants with a BOWP may also work while awaiting a decision.
Visitors and those without a valid work permit, however, cannot work until proper authorization is received. To avoid complications, always check the latest immigration policies on the official government website or consult a licensed immigration consultant.
If you are unsure about your situation, seeking professional advice can help you avoid legal issues and ensure you remain compliant with immigration laws.