IRCC Work Permit Delays Hit Students and Workers

May 8, 2025 / 2 min readPradyuman Jhala

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The Impact of Increased IRCC Work Permit Processing Times

Over the past few months, SPS Canada Immigration has seen a sharp rise in consultations from international graduates and work permit holders. Most of them face serious challenges due to longer processing times at Immigration, Refugees and Citizenship Canada (IRCC).

Currently, IRCC is taking around 227 days to process work permit applications submitted from inside Canada. This delay directly affects international students graduating in Summer 2025 and existing work permit holders who need extensions or status changes.

What Is Happening Right Now?

Many applicants who are graduating or switching to employer-specific or open work permits now find themselves in uncertainty. Their status documents are expiring, while IRCC decisions can take almost eight months.

To address this gap, IRCC issues a Work Authorization Letter (WAL) under Regulation R186(u). This measure allows eligible applicants to continue working in Canada without a physical permit while IRCC processes their application. In most cases, this authorization can last up to one year.

Key Points to Know About Regulation R186(u)

Maintained Status (Previously Called Implied Status)

When applicants submit a work permit extension before their current permit expires, they receive maintained status. This status allows them to stay in Canada legally until IRCC makes a decision.

Continued Work Authorization

However, maintained status alone does not guarantee the right to work. Applicants must meet the specific conditions listed under R186(u) to continue working legally.

Employment Conditions Remain the Same

Applicants must follow all conditions from their previous work permit. These include employer name, job role, and work location. They cannot change jobs or conditions unless IRCC approves the new application.

How Different Applicants Are Affected

Post-Graduation Work Permit (PGWP) Holders

PGWPs cannot be renewed. Graduates must apply under a new work permit category, such as an employer-specific permit.
R186(u) allows them to keep working only if they submit the new application before the PGWP expires.

Employer-Specific Work Permit Holders

These applicants may continue working for the same employer under the same terms. They cannot change employers until IRCC approves the new permit.

Open Work Permit Holders

Open work permit holders may continue working for any employer while IRCC processes their extension. However, if they apply for an employer-specific permit, they must follow the old conditions until approval.

Major Risks Caused by Long Processing Delays

Extended delays create several serious concerns:

Travel restrictions: Applicants under maintained status should not leave Canada. If they travel, they lose both maintained status and the right to work while the application is pending.
Late PGWP refusals: A refusal after 227 days can cause major harm. Applicants may lose the option to restore their status or reapply from inside Canada.
Spousal open work permit delays: Applicants on maintained status cannot support a spousal open work permit application from outside Canada until IRCC approves their permit.

Why Legal Advice Matters More Than Ever

Although R186(u) provides temporary relief, long processing times often create more risks than benefits. SPS Canada Immigration now sees a growing number of complex cases, including:

Loss of restoration options after delayed refusals
Prolonged family separation
Job interruptions and employer compliance issues
Risks to future permanent residence eligibility

Because these outcomes can be permanent, applicants should seek legal advice before submitting or resubmitting a work permit application.

Need Professional Guidance?

At SPS Canada Immigration, our legal team reviews each case carefully. We assess risks, plan application timing, and help clients protect their legal status, employment, and family unity in Canada.