Immigration, Refugees and Citizenship Canada (IRCC) plays a crucial role in managing the movement of people to and from Canada, whether for immigration, work, or study purposes. Among the many policies and regulations administered by IRCC, the rules governing work permit renewals are of particular importance to foreign workers in Canada. One such rule is the authorization to work without a permit during the processing of a work permit renewal application, outlined in paragraph R186(u) of the Immigration and Refugee Protection Regulations (IRPR).
As of October 4, 2024, IRCC has updated its guidance on the work authorization process for those applying for work permit renewals under the International Mobility Program (IMP). This article provides a simplified explanation of how foreign workers can continue working in Canada without a permit during the renewal process and details the key aspects of IRCC’s R186(u) rule.
Understanding Paragraph R186(u): Work Without a Permit During Renewals
What Is Paragraph R186(u)?
Paragraph R186(u) of the Immigration and Refugee Protection Regulations (IRPR) allows foreign nationals to work without a work permit while their application for a renewal is being processed. This provision helps foreign workers maintain employment stability while awaiting IRCC’s decision on their work permit renewal application.
To qualify for work authorization under R186(u), the following conditions must be met:
- The foreign national must have applied to renew their work permit before their original permit expired.
- They must remain in Canada for the entire period during which the application is being processed.
- They must comply with the conditions set out on their expired work permit, except for the expiration date.
Key Points to Understand About R186(u):
- Maintained Status (Formerly Implied Status): When a foreign national submits a work permit renewal application before their current permit expires, they are granted "maintained status," which allows them to remain in Canada legally until a decision is made. This status was previously known as implied status.
- Continued Work Authorization: Maintained status alone does not allow a foreign worker to continue working. The individual must meet the specific requirements under R186(u) to continue working while the application is being processed.
- Conditions of Work: Any conditions imposed on the original work permit (such as working for a specific employer or in a specific occupation) must be followed during the period of working without a permit under R186(u).
Applying for a Work Permit Renewal: Steps and Considerations
For foreign nationals to work under R186(u), they must follow a specific process. The steps for applying for a work permit renewal and continuing to work without a permit include:
1. Submit the Work Permit Renewal Application
- Submit the renewal application before the original work permit expires.
- The application can be submitted through IRCC’s electronic application system, which is mandatory for most categories, including in-Canada visitor extensions, study permits, and work permits.
2. Meet the Eligibility Requirements
- Stay in Canada: The foreign national must not leave Canada while their work permit renewal is being processed.
- Comply with Conditions: The applicant must continue to comply with the conditions of their expired work permit, such as working for the same employer (if the work permit was employer-specific) or continuing to work in a non-restricted occupation (for open work permits).
3. Receive an Interim Work Authorization Letter
- Upon receiving an online application for work permit renewal, IRCC’s Global Case Management System (GCMS) will issue a Temporary Resident Acknowledgement of Receipt (TR Acknowledgement of receipt).
- If certain rules are met, the system will automatically send a second letter, known as IMM 5988, which confirms that the applicant is authorized to continue working under R186(u) until a decision is made.
4. Interim Proof of Work
- The interim proof of work letter (IMM 5988) serves as proof of continued work authorization for the applicant’s employer and other stakeholders, such as provincial health insurance providers or educational institutions.
- The letter remains valid for 180 days, which is 60 days beyond IRCC’s typical service standard for in-Canada applications.
What Happens If No Decision Is Made in 180 Days?
1. Requesting Extended Authorization
- In rare cases, if the application is not processed within the 180-day validity period of the IMM 5988 letter, the foreign national can request additional proof of work authorization through the IRCC Web form.
- Once the request is made, Client Support Centre (CSC) agents can verify that the application is still being processed and issue a response confirming that the applicant may continue to work for another 180 days from the date of the response.
2. Potential Outcomes of the Work Permit Application
- If the application is approved, the applicant will receive a renewed work permit and can continue working under the terms of the new permit.
- If the application is refused, the foreign national will lose their authorization to work and must stop working immediately. They may also be required to leave Canada, depending on their temporary resident status.
Different Types of Work Permit Holders Under R186(u)
The rules for working without a permit under R186(u) apply differently depending on the type of work permit held by the applicant. Below are the key types of work permits and how R186(u) applies to each:
1. Employer-Specific Work Permit Holders
- Foreign nationals holding an employer-specific work permit can continue working only for the same employer and under the same conditions outlined in their expired permit until a decision is made.
- If they apply to change employers or conditions, they cannot start working for the new employer until the renewal application is approved.
2. Open Work Permit Holders
- Open work permit holders can continue working for any employer until a decision is made on their renewal application.
- If they apply to change to an employer-specific permit, they must comply with the original open permit conditions while waiting for a decision.
3. Post-Graduation Work Permit (PGWP) Holders
- PGWP holders who apply to renew their work permit under a different category can continue to work under R186(u) as long as they meet the requirements.
- It’s important to note that the PGWP itself is not renewable, but holders can apply for a new work permit in a different category, such as an employer-specific or open work permit.
Special Cases and Exceptions
1. First-Time Work Permit Applicants
- Foreign nationals applying for their first work permit from within Canada (e.g., a dependent spouse of a skilled worker or a visitor) are not eligible for work authorization under R186(u). They must wait until they receive their first work permit to begin working.
2. International Experience Canada (IEC) Participants
- IEC participants applying for a renewal of their work permit in a different category (outside of the IEC program) can work under R186(u) until a decision is made. However, this period is not considered an extension of their IEC participation.
3. Public Policy Work Permit Exemptions
- Foreign nationals authorized to work without a permit under specific public policies, such as those facilitating short-term work in Canada, are not eligible to apply for a work permit renewal under R186(u). They must leave Canada if their work authorization expires and reapply from abroad.
Benefits of R186(u) for Employers and Workers
The ability to continue working without a permit under R186(u) provides significant advantages to both foreign workers and Canadian employers:
- Employment Continuity: Workers can maintain employment without interruption, which benefits both the individual and their employer.
- Simplified Process: The issuance of the IMM 5988 interim work authorization letter simplifies compliance for employers, who may otherwise be hesitant to employ foreign nationals without clear proof of work authorization.
- Enhanced Stability: By allowing workers to continue working while their renewal is being processed, R186(u) reduces the uncertainty and stress associated with waiting for immigration decisions.
Summary: What You Need to Know About R186(u)
Here are the most important takeaways from IRCC’s updated guidance on work authorization under paragraph R186(u):
- Foreign nationals can continue to work without a permit while waiting for a decision on their work permit renewal if they apply before their original permit expires and remain in Canada.
- The work authorization is valid for 180 days and can be extended if needed through an IRCC web form request.
- The conditions of the original work permit must be followed during this period, and foreign workers can only switch employers after receiving a new work permit.
- The policy applies to employer-specific and open work permit holders but does not apply to first-time applicants or those without temporary resident status.
By following these guidelines, foreign workers can ensure they stay compliant with Canadian immigration laws while maintaining their employment during the work permit renewal process.
About Author
