Your work permit names one employer. That employer is holding your passport, docking your pay for housing you never agreed to, threatening to have you deported if you complain, or worse. Leaving feels impossible because your status depends on staying. There is a permit designed for exactly this situation.
What the permit is
The open work permit for vulnerable workers allows a worker on an employer-specific (closed) work permit who is experiencing abuse, or is at risk of abuse, in their job to get an open work permit. An open work permit lets you work for almost any employer in Canada, so you can leave without falling out of status.
There is no government fee.
Who qualifies
You must:
- be in Canada
- hold a valid employer-specific work permit, or have held one and applied to renew it before it expired
- be experiencing abuse, or be at risk of abuse, in the context of your employment in Canada
You cannot apply at the border or from outside Canada.
You do not have to stay in the abusive job to qualify. Workers who have already left, and who would be at risk if they returned, can apply.
What counts as abuse
Abuse includes:
- Physical abuse, including assault and being confined
- Sexual abuse, including sexual contact without consent
- Psychological abuse, including threats and intimidation
- Financial abuse, including fraud, extortion, and unlawful deductions or withheld wages
- Reprisals for complaining or reporting
Threats to have you deported, keeping your passport or work permit, and forcing you to work in conditions very different from those in your offer can all be part of the picture.
The evidence standard
Officers decide these applications on a lower standard than most immigration applications: whether there are reasonable grounds to believe the abuse or risk is happening. This recognizes that abuse is often hard to prove.
The application should include a letter explaining what has happened. IRCC has a letter of explanation form for this purpose. Supporting evidence helps where it exists: messages, pay stubs, photos, medical records, statements from coworkers, letters from support organizations, or complaints made to employment standards or police. A police report is not required.
After the permit is issued
The open work permit is for a limited period. It is meant to give you time to find a new employer and move to a longer-term work permit, usually one supported by a new LMIA or an LMIA-exempt category. Start planning the next permit as soon as you have this one. Our posts on changing employers on a closed work permit and LMIA-based and LMIA-exempt permits explain the options.
Your application can also lead to an inspection of the employer. You are not required to take part in any investigation to get the permit.
Family members
Family members in Canada may also be able to apply for work or study authorization. Check their position before your application is filed so that their status is protected too.
If you are in danger
If you are in immediate danger, call 911. Leaving safely comes first. The immigration steps can follow.
How we can help
At Kabir & Alam, we prepare vulnerable worker applications, help workers plan the move to a new permit, and advise on longer-term routes to permanent residence. Read more about our work permits practice or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.