Vulnerable Workers - Themillenniumimmigration

Open Work Permit for Vulnerable Workers

Canada's Open Work Permit program allows vulnerable workers on employer-specific permits who are victims of abuse to apply for an open work permit, letting them seek new employment.

This measure enables vulnerable workers on employer-specific permits who are victims of workplace abuse to apply for an Open Work Permit (OWP)

Who can apply?
How is abuse defined?
What is the process of applying?
Letter of explanation
Evidence
About CanadaVisa and Cohen Immigration Law

Who can apply?

Workers in Canada on an employer-specific (or LMIA-based) work permit who report workplace abuse may qualify for an Open Work Permit (OWP). Eligibility requirements include being:

Inside Canada (applications at the port of entry are not accepted)
In possession of a valid employer-specific work permit (not expired or valid at the time of applying for extension)
Experiencing abuse or at risk of abuse related to their job

Unlike LMIA-based permits, which restrict workers to a specific employer and industry, an OWP allows individuals to work for any employer across most industries.

How is abuse defined?

Abuse can take many forms, including physical, sexual, financial, or mental harm. If you’re experiencing any of the following, you should report it in your application:

Physical harm
Unsafe working conditions
Unsanitary living conditions in employer-provided housing
Unwanted sexual touching or comments
Restrictions on your movement
Theft of your earnings
Isolation from friends or coworkers
Intimidation or threats
Coercion into fraud
Charging fees for job placement by a third party

Temporary resident visa holders, including those on LMIA-based work permits or open work permits, have the same labor rights as Canadian citizens and permanent residents. Additionally, employers with past violations under the Temporary Foreign Worker Program or the International Mobility Program are listed in a government directory.

What is the process of applying?

For detailed instructions on how to apply for an Open Work Permit as a vulnerable worker, please refer to the government’s webpage. You can also find an instruction guide from Immigration, Refugees and Citizenship Canada (IRCC) that outlines the application process in more detail. Importantly, there are no fees associated with this application.

Letter of explanation

In addition, to support one’s application a letter of explanation is needed to describe one’s situation, and the specific abuse they are facing at their workplace. An online form is available to make this process simpler.

Evidence

Applicants are encouraged to include any evidence of abuse in their application for an Open Work Permit. Acceptable types of evidence include:

Letters or statements from abuse support organizations or healthcare professionals
A sworn statement (affidavit) from yourself
Official reports submitted to law enforcement or border agencies
Complaints filed with provincial enforcement agencies
Victim impact statements
Emails or text messages
Pay stubs or bank statements
Photos of injuries or unsafe working conditions
Witness testimonies

These examples are not exhaustive, and applicants may submit other forms of evidence. If you cannot upload all evidence, mention this in your letter of explanation.

Contact THE MILLENNIUM IMMIGRATION for Assistance

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