Open Work Permits for Vulnerable Workers in Canada: What You Need to Know

What Is an Open Work Permit for Vulnerable Workers?

An open work permit for vulnerable workers allows migrant workers who face abuse or the risk of abuse at work to change employers without the need for a Labour Market Impact Assessment (LMIA). In other words, this permit gives you the flexibility to leave your job without risking your legal status in Canada. The goal is to make sure you aren’t stuck in a harmful workplace and to help you find a safer, better job opportunity.

Why Does This Program Exist?

This open work permit exists to protect migrant workers from situations where they may feel trapped due to fear of losing their legal right to work in Canada. Here’s what it aims to accomplish:

1. Provide Freedom to Leave Abusive Situations: You can leave an abusive job without facing consequences for your legal status.
2. Encourage Safe Work Practices: This permit discourages employers from creating toxic work environments since workers have the right to report abuse.
3. Support Inspections and Accountability: It allows you to assist with investigations if needed, without fearing your work permit might be taken away.

Am I Eligible for This Permit?

To qualify for an open work permit for vulnerable workers, you must be a temporary foreign worker in Canada with a valid, employer-specific work permit. You don’t need an LMIA to apply, and you can even qualify if you’ve already left an abusive job. Here’s a quick checklist:

• You are in Canada on a valid employer-specific work permit.
• You’re experiencing abuse or believe you’re at risk of abuse.
• You have evidence to show why you feel at risk, such as a letter from a support organization, witness testimony, or a complaint filed with authorities.

How Do I Prove I’m Experiencing Abuse?

The Canadian government doesn’t expect you to have a mountain of evidence. They simply need “reasonable grounds to believe” that you’re experiencing or could experience abuse. Some examples of evidence you could provide include:

• A letter or statement from an abuse support organization.
• Medical reports or statements from healthcare professionals.
• Testimonies or statements from witnesses.
• Photographs or written documentation of abusive incidents.

It’s important to remember that you don’t have to be currently in an abusive job to apply. If you left an abusive employer but still have a valid work permit, you’re eligible to apply.

How Do I Apply?

Applying for this work permit is straightforward. Here’s a step-by-step guide:

1. Prepare Your Application Online: Submit an online work permit application to Immigration, Refugees, and Citizenship Canada (IRCC).
2. Include a Letter of Explanation: Write a letter detailing your situation and any abuse you’ve experienced or fear. If possible, use IRCC’s Letter of Explanation – Open Work Permit for Vulnerable Workers form (IMM 0017).
3. Submit Supporting Evidence: Add any documents or statements that help explain your circumstances.

Note: You cannot apply for this permit at a port of entry (border) but only while you’re inside Canada.

What Happens After I Apply?

Once IRCC reviews your application, you might be contacted for an interview to discuss your case. During this interview, IRCC officers will evaluate if there’s enough evidence to approve your permit. The goal is to understand your experience and assess whether the open work permit for vulnerable workers would protect you from further abuse.

If your permit is approved, it typically lasts for 12 months, which should give you enough time to find a new job and apply for a standard work permit if needed.

Can Family Members Apply Too?

Yes, family members who are in Canada can also apply for an open work permit if you’re approved under this program. This includes spouses and working-age children. Their work permits will have the same expiration date as yours and are free from permit fees, just like yours.

Frequently Asked Questions

1. How much does it cost to apply?

The open work permit for vulnerable workers is fee-exempt, which means you don’t have to pay the usual fees for this type of work permit.

2. Do I need to give biometrics?

In most cases, you’ll need to provide biometrics, and there is a small fee for this service. If giving biometrics would cause hardship, IRCC might waive the fee.

3. Can I apply if I don’t speak English or French?

Yes, language barriers won’t stop you from applying. Many support organizations offer translation services and can help you understand the process.

4. What if I’m scared to report abuse?

It’s understandable to feel afraid. Many workers worry about retaliation, deportation, or not being believed. Canada created this permit program so you could feel safe leaving abusive work situations without jeopardizing your status. Support organizations are available to guide you through the process.

Key Takeaway: You Don’t Have to Stay in an Unsafe Job

Canada is committed to protecting vulnerable workers, ensuring you have the choice to leave a harmful workplace without losing your right to work. If you’re in an abusive job situation, remember that you don’t have to handle it alone. An open work permit for vulnerable workers can give you a pathway to safer employment and a fresh start.