Vulnerable Workers

Open Work Permit for Vulnerable Workers

Canada has instituted an Open Work Permit program designed to aid vulnerable workers facing potential abuse in their workplaces. Specifically tailored for individuals holding employer-specific work permits, this initiative allows those who might be victims of mistreatment or abuse, either within the workplace or by their employers, to apply for an Open Work Permit (OWP). The program aims to provide a supportive avenue for these workers, enabling them to switch employers without jeopardizing their immigration status in Canada.“Most affected individuals originally entered Canada on an employer-specific work permit tied to a Labour Market Impact Assessment (LMIA). Our immigration lawyers regularly assist vulnerable workers with these applications as part of our broader work permit practice.”

Eligibility Criteria:

Vulnerable workers in Canada with an employer-specific work permit, reporting abuse at their workplace.

Presently in Canada with a valid employer-specific work permit.
Facing or at risk of abuse related to their job in Canada.
Workers whose permit has lapsed while resolving an abuse complaint may also need to restore their visitor status before applying
If your spouse is also affected by your employer-specific status, they may separately qualify for a Spouse Open Work Permit.

What is Abuse:

Abuse includes physical, sexual, financial, or mental harm, controlling behavior, unsafe work conditions, theft, threats, and more. Examples Physical harm, unsafe work conditions, sexual harassment, control over movements, theft of wages, intimidation, fraud, taking back money paid and more.

Employer Violations:

Employers violating their duties or responsibilities in hiring temporary foreign workers.

Application Process:

Detailed instructions and an instruction guide are available on the government’s webpage. No associated fees for this application.
“If your original permit was employer-tied but does not resolve your status, a Temporary Resident Permit may offer an alternative path in complex cases.
“If your Open Work Permit is approved but your current status expires before your case resolves, you may need to extend your visitor visa in the interim.

Letter of Explanation:

A letter describing the situation and abuse faced at the workplace is required.

An online form is available to simplify this process.

Evidence:

Encouraged to include evidence of abuse in the application.

Examples include letters from abuse support organizations, medical reports, sworn statements, official reports, victim impact statements, emails, text messages, pay stubs, photos, witness testimony, complaints made to government agencies etc.
Workers nearing the end of their permanent residence process may also qualify for a Bridging Open Work Permit while their application is processed.

Many workers who successfully change employers under this program go on to pursue Express Entry or another permanent residence pathway.”

FAQs

What is an Open Work Permit program for vulnerable workers?

This were permit is for helping workers facing abuse switch employers without losing status.

Who can apply for open work permit for vulnerable workers?

Workers currently in Canada with an employer-specific permit or LMIA based work permit facing or at risk of abuse.

Because every abuse case involves sensitive, fact-specific evidence, we recommend speaking directly with our immigration team before submitting your application.

Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”