Can I Work in Canada After My WP-EXT Expires While PGWP Pending?

Question from LV, Can I Work in Canada After My WP-EXT Expires While PGWP Pending?

Answer from AI:

The legal framework

The key provision that governs work while a work‑permit application is pending is Immigration and Refugee Protection Regulations (IRPR) s. 183(5). It states that a foreign national who has submitted a complete application for a work permit and is awaiting a decision may continue to work in Canada without a work permit, provided the following conditions are met:

• the application is complete and has been received by IRCC;
• the applicant is not otherwise inadmissible or subject to a condition that bars work; and
• the work is performed in Canada.

The regulation does not limit the type of work; it simply requires that the activity be “work” as defined in the Immigration and Refugee Protection Act (IRPA). Consequently, an open‑work‑permit applicant may work for any employer, in any occupation, and may also provide services as an independent contractor or through a corporation (corp‑to‑corp), as long as the work is carried out in Canada and no other statutory condition is breached.

Interaction with the WP‑EXT letter

A WP‑EXT (Work Permit Extension) letter is an IRCC communication that confirms the applicant’s implied status and explicitly states that the holder may work for any employer, with no hour restrictions, while the application is processed. The expiry date on the letter is an administrative marker; it does not terminate the authority granted under s. 183(5). As long as the PGWP application remains pending and complete, the implied status continues, and the work‑authorisation described in the regulation remains in force.

Supporting IRCC guidance

IRCC’s operational policy on implied status reinforces this interpretation. The “Work permits – implied status” page explains that:

• “Applicants who have submitted a complete work‑permit application may continue to work under the same conditions that applied to their previous permit (or, if they had none, under an open‑work‑permit condition) until a decision is made.”

This guidance aligns with s. 183(5) and confirms that the open‑work‑conditions persist after the WP‑EXT letter’s expiry.

Link to the regulation: IRPR s. 183(5) – CanLII
Link to IRCC policy: IRCC – Work permits – implied status

Practical points to keep in mind

• Maintain a complete application: Any request for additional information from IRCC that you do not promptly satisfy could render the application incomplete, ending the implied work authorisation.
• Observe other conditions: If you hold a study permit with a condition to attend school, that condition still applies; violating it could affect your status.
• Document the pending application: Keep a copy of the receipt (IMM 5710) and the WP‑EXT letter in case an employer or a government officer asks for proof of your right to work.
• Corporate work: Providing services through a corporation you own is permissible, but the corporation itself must not be a separate employer that imposes additional work‑permit requirements (e.g., a LMIA‑required position).

When to seek professional advice

While the regulation and IRCC policy support the conclusion that you remain legally authorised to work under the same open conditions, individual circumstances (such as prior violations, criminal inadmissibility, or changes in immigration status) can affect the analysis. For personalized guidance, especially if you plan to structure work through a corporation or have complex employment arrangements, consult a licensed immigration lawyer or a regulated immigration consultant.