Open Work Permits for Workers in Vulnerable Situations
Workers tied to one employer can be at risk of abuse. The open work permit for vulnerable workers and what to know before applying.
The problem it addresses
When a work permit names a single employer, the worker may feel unable to leave a harmful situation. Canada provides an open work permit for vulnerable workers who experience, or are at risk of, abuse in the workplace.
Abuse can take several forms, including physical, sexual, psychological, and financial harm, as well as situations such as being denied pay or being forced to work in unsafe conditions. The permit gives workers a way out without losing the ability to work.
A scenario worth walking through
A hypothetical worker on an employer-specific permit is not being paid what her contract promises and is pressured to work extra hours without compensation. She keeps a record of her hours and messages, speaks to a community organisation, and learns about the open work permit for vulnerable workers.
With help, she assembles her evidence and applies. The permit allows her to work for other employers while the matter is addressed. Her case shows that acting early, keeping records, and seeking support are the most useful steps for someone in this situation.
What to know
- You must be in Canada and hold a valid employer-specific work permit, or have applied to extend one before it expired and be waiting for a decision.
- You must be experiencing abuse or be at risk of it in connection with your job, and give IRCC a description of it; IRCC assesses applications on reasonable grounds to believe.
- The permit lets you work for most employers, except those on IRCC’s list of non-compliant employers or that regularly offer certain adult-entertainment or escort services; it is typically issued for one year and may include family members.
- There are also tip lines and complaint channels for reporting abuse.
Gathering evidence
Evidence can include messages, pay records, medical or police reports, witness statements, and anything else that documents what happened. The more specific and contemporaneous the record, the stronger the application.
If you are in immediate danger, your safety comes first. Contact local emergency services or a support organisation, and then address the immigration steps.
If you need help
Illness, injury, or workplace harm can leave workers in a precarious position. Seek support early. A representative can help you assemble evidence and apply.
Community organisations and legal clinics also assist migrant workers, often at low or no cost. Do not hesitate to use them alongside professional immigration help.
Questions to bring to your assessment
- Does my situation meet the definition of abuse or risk of abuse?
- What evidence do I have, and what more can I gather safely?
- What support services are available to me?
- What are the risks and protections around reporting my employer?
- How will this affect my longer-term immigration plan?
Quick answers
- Will my employer be told that I applied? Processes are designed to protect workers, but ask a representative or support organisation about confidentiality in your situation before you take steps.
- Does this permit lead to permanent residence? It lets you keep working while the situation is addressed, which can support later applications, but it is not a permanent residence pathway by itself.
- Can I apply from outside Canada? No. The permit is for workers who are already in Canada on an employer-specific work permit.
Further guidance
For more background, see how an LMIA works and LMIA-exempt work permits.
Before you decide
If you are in a harmful situation, your safety comes first. When you are ready to talk about your status, reach out for a free assessment and Mahyar will go through your options in confidence. Evidence requirements are set by IRCC.
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