IRCC Work Permit Delays Hit Students and Workers

May 8, 2025

Pradyuman Jhala

Understanding the Impact of Increased IRCC Work Permit Processing Times on International Students and Work Permit Holders in Canada

Over the past several months, SPS Canada Immigration has observed a sharp increase in consultations from international graduates and work permit holders in Canada facing unique challenges due to extended IRCC processing times. As of today, the processing time for work permit applications (initial and extension) from inside Canada stands at 227 days—a concerning delay that directly affects thousands of international students graduating in Summer 2025 and eligible work permit holders.

 What’s Happening?

Many applicants who are either graduating or transitioning to employer-specific or open work permits are finding themselves in limbo—caught between expiring status documents and waiting nearly eight months for IRCC decisions.

To mitigate this, IRCC is issuing a Work Authorization Letter (WAL) under Regulation R186(u). This provision allows eligible applicants to continue working in Canada without a physical permit while their application is under processing—for a period of up to one year.

 Key Takeaways About R186(u)

• Maintained Status (Formerly Implied Status)
  • If a work permit renewal application is submitted before expiry, the applicant is placed under “maintained status,” allowing them to remain in Canada legally until a decision is made.
• Continued Work Authorization
  • However, to actually continue working under maintained status, applicants must meet the specific conditions set out in R186(u)—not all maintained status holders can legally work.
• Conditions of Employment
  • All previous work permit conditions (employer name, job role, location) must still be followed under R186(u). No new employment or condition changes are allowed unless the new application is approved.

 Application-Specific Impacts

1. Post-Graduation Work Permit (PGWP) Holders
   • PGWPs are not renewable. Graduates must apply for a new category of work permit (e.g., employer-specific).
   • R186(u) allows them to continue working only if the new application was submitted before PGWP expiry.
2. Employer-Specific Work Permit Holders
   • May continue working for the same employer under the same conditions.
   • Cannot switch employers until the application is approved.
3. Open Work Permit Holders
   • May continue working for any employer while the extension is in process.
   • If changing to an employer-specific permit, must comply with old conditions until approval.

Major Concerns Arising from Delays

• Travel difficulties: Applicants under maintained status cannot travel outside Canada while their permit application is in progress. If they do, they will lose their maintained status and the eligibility to work while their application is still in process.
• PGWP Refusals After 227 Days: A delayed refusal can be disastrous—students may lose the right to restore their status or reapply from within Canada.
• Spousal Open Work Permit Ineligibility: Applicants under maintained status cannot support a spousal open work permit application from outside Canada until they receive an approved permit.

Legal Opinion is Critical

While R186(u) offers a lifeline, the risks associated with long processing times outweigh its benefits in many cases. We are witnessing a growing number of case-specific complications, including:

• Restoration ineligibility due to late refusals
• Delayed spousal reunification
• Employment disruptions
• PR eligibility concerns

To avoid irreversible consequences, we strongly advise all applicants—especially PGWP holders, transitioning workers, and those with family considerations—to seek legal guidance before applying or reapplying for any work permit.

Need Help? We’re Here for You.

At SPS Canada Immigration, our legal team is equipped to assess your individual circumstances, evaluate risks, and help you apply strategically to preserve your legal status, employment, and family stability in Canada.

Contact us today to book a consultation and navigate this challenging period with expert support.

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