Can You Work in Canada While Waiting for an H&C Decision? (2026)
Updated: Oct 26
The short answer: Filing a humanitarian and compassionate (H&C) application does not give you the right to work in Canada. According to IRCC, an applicant may be eligible to apply for an open work permit once their H&C permanent residence application has been approved in principle, if they also meet the usual work permit requirements. Until then, you can work only if you already have a valid work permit or other status that allows it.
This article is part of our humanitarian and compassionate (H&C) application guide.
Does filing an H&C application let me work in Canada?
No. An H&C application is a request for permanent residence. It does not give you status, and it does not authorize you to work. Your right to work depends on the status you already hold, such as a valid work permit, or on a work permit you are later granted.
When can an H&C applicant get an open work permit?
IRCC's page for H&C applicants says a permanent residence applicant on H&C grounds needs a work permit to work in Canada. It says you may be eligible for an open work permit if you applied for, or are named on, an H&C application that has been approved in principle.
In practice, approval in principle is the first stage of a two-stage decision. It means an officer has found the case has enough merit to move forward. Medical and security checks and other requirements still have to be completed before permanent residence is granted. Approval in principle is not final approval.
IRCC also says you must meet the general work permit eligibility requirements. Meeting the H&C condition alone is not enough.
How do you apply for the open work permit?
As of October 2026, IRCC's instructions say to:
Apply for a work permit and choose the open work permit option in the intended-work section.
Leave the employer section blank.
Follow IRCC's general work permit application guide for the full document checklist, and include your approval in principle letter as proof of eligibility.
Fees, biometrics and processing times change. Check IRCC's current fee list and processing times tool before you apply, and do not rely on numbers from other websites.
What if my family members are included in the application?
IRCC's page says you may be eligible if you applied for, or were included on, an H&C application that has been approved in principle. The page does not set out separate rules for family members. A spouse, partner or dependent child included in your application may therefore be able to apply, but each person must meet the general work permit requirements. Confirm each family member's eligibility before applying.
What if I already have a work permit or other status?
If your current work permit is valid, you can keep working within its conditions (employer, location and dates). Filing an H&C application does not extend it.
If your permit is about to expire, apply to extend it before the expiry date. If you do, you may be able to keep working under the same conditions (same employer, location and dates) while you wait for a decision. This is called maintained status, sometimes called implied status. It generally applies only if you stay in Canada, it ends if your extension is refused, and it does not let you change employer or conditions. Confirm your situation before relying on it.
If your permit has already expired, you may be out of status. Working in that situation is not authorized. You may be able to apply to restore your status, usually within 90 days of losing it. Restoration is discretionary, has its own fee, and generally requires that you followed the conditions of your stay, so working without authorization can put it at risk. Do not work until your status is restored and you hold a valid work permit.
What are the risks of working without permission?
Working without authorization contravenes the Immigration and Refugee Protection Act. It can lead to enforcement action, can affect future applications, and may weigh against you in an H&C decision. It can also damage the credibility of the evidence you give about your life in Canada. Do not start working just because your H&C application is pending.
What if I cannot work before approval in principle?
Approval in principle can take a long time. IRCC's H&C processing times are long, and you should check the current estimate on IRCC's tool. During that time you should:
Keep any valid status you have and renew it on time.
Plan your finances around the possibility that you cannot work.
Keep records of your family, community and settlement in Canada. These can support your application.
Ask a licensed professional about other lawful options that fit your status, such as an employer-specific work permit.
Who does this affect?
Applicants whose permits have expired and who are filing from within Canada.
Families relying on one income while they wait.
Applicants who already have status but whose permits expire before a decision.
Spouses and dependent children included in an H&C application.
What should you do?
Check what status you hold today and when it expires.
If you hold a valid permit, apply to extend it before it expires.
Do not work unless you are clearly authorized to.
When you receive an approval in principle letter, review the open work permit option with your representative.
Keep all IRCC letters, receipts and the approval in principle letter safe.
Book a case review if you are unsure about your status or your work rights.
Related guides: H&C status while you wait · Approval in principle explained · After your permit expires · Complete H&C guide · What happens after you submit
Frequently asked questions
Can I work while my H&C application is being processed?
Not simply because you filed. You can work only if you hold a valid work permit or another status that allows it. An open work permit may be available after approval in principle.
What is approval in principle?
It is the first stage of an H&C decision. It means an officer has found the case has merit, but medical, security and other requirements still need to be completed before permanent residence is granted.
Can I apply for an open work permit before approval in principle?
IRCC's page ties the open work permit to an H&C application that has been approved in principle. Before that stage, you should not assume you are eligible.
Does approval in principle guarantee permanent residence?
No. It is not final approval. Remaining requirements must still be met.
Do I need an employer or a job offer for the open work permit?
IRCC's instructions say to choose the open work permit option and leave the employer section blank.
Key takeaways
Filing an H&C application does not give you the right to work.
IRCC says an open work permit may be available after approval in principle.
You must still meet the general work permit requirements.
If you have a valid permit, apply to extend it before it expires.
Working without authorization is risky and may hurt your H&C case.
The bottom line
The question to answer is not "Is my H&C application pending?" but "What status do I hold today, and when does it end?" Until you have approval in principle, protect your current status, avoid unauthorized work, and prepare your evidence. When you receive approval in principle, ask about the open work permit right away.
Need help understanding your work rights while you wait? E-Pathway Immigration, led by Domonic Cheung, RCIC in Vancouver, can review your situation. Book a case review.
Last reviewed: October 2026
Sources: IRCC, work permit page for H&C permanent residence applicants (last modified March 31, 2026): canada.ca/en/immigration-refugees-citizenship/services/work-canada/need-permit/humanitarian.html; IRCC H&C considerations page; IRCC processing times tool and fee list.
This article is for informational purposes only and does not constitute legal or immigration advice. Consult a licensed RCIC or immigration lawyer for your specific situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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