01
Leave an Abusive Employer
An eligible worker may be able to leave the employer named on their current work permit without first securing another employer-specific permit.
WORK
Open Work Permit for Vulnerable Workers
Temporary foreign workers in Canada who are experiencing abuse, or are at risk of abuse in relation to their job, may be eligible for a temporary open work permit that allows them to leave the abusive employment situation.
Discuss Your Situation ConfidentiallyVULNERABLE WORKERS
You Should Not Have to Stay in an Abusive Job to Keep Your Status
Many temporary foreign workers in Canada hold employer-specific work permits that authorize them to work only for the employer named on their permit.
This can create a particularly difficult situation when a worker experiences abuse, exploitation or threats connected to their employment.
Canada's Open Work Permit for Vulnerable Workers is designed to help eligible workers leave an abusive employment situation and look for a new employer without first having to obtain a new employer-specific work permit.
The permit is a temporary protective measure. Eligibility depends on the worker's current immigration status and evidence of abuse or risk of abuse in relation to the job.
PURPOSE OF THE PERMIT
Why Does This Work Permit Exist?
The vulnerable worker open work permit is intended to reduce the immigration-related pressure that can make it difficult for temporary foreign workers to leave abuse.
02
Work for a New Employer
Once approved, the open work permit generally allows the worker to seek employment with most eligible employers in Canada.
03
Reduce Employer Dependence
The permit can temporarily remove the worker's immigration status from being tied to the employer involved in the abusive situation.
04
Provide Time to Find a New Path
The permit is intended to provide time for the worker to leave the abusive situation, find new employment and pursue another appropriate work permit.
As with other open work permits, employment is still subject to standard restrictions, including restrictions on working for employers that are ineligible under federal compliance rules or that regularly provide certain adult entertainment services.
ELIGIBILITY
Who May Apply?
The program has specific immigration and workplace-related eligibility requirements.
01
You Are in Canada
You must be physically present in Canada when applying for this open work permit.
02
Abuse or Risk of Abuse
You must be experiencing abuse or be at risk of being abused in relation to your job in Canada.
03
Employer-Specific Work Authorization
You must generally hold a valid employer-specific work permit, including qualifying permits issued under the Seasonal Agricultural Worker Program, or have applied to renew that type of permit before it expired.
04
Pending Renewal
You may also qualify if you applied to renew the qualifying work permit before it expired and IRCC has not yet made a decision.
EMPLOYER-SPECIFIC WORK PERMIT
This Program Is Designed for Workers Tied to an Employer
An employer-specific work permit, sometimes informally called a closed work permit, generally lists the employer for whom the foreign worker is authorized to work.
A worker cannot normally leave that employer and immediately begin working for another employer without obtaining new work authorization.
The vulnerable worker open work permit creates a temporary exception for eligible workers facing abuse or the risk of abuse connected to their employment.
Open Work Permit Holders Are Different
This specific program is generally intended for workers whose authorization is tied to an employer, rather than workers who already hold an unrestricted open work permit.
Review My Current PermitWHAT COUNTS AS ABUSE?
Abuse Is Not Limited to Physical Violence
Workplace abuse can take many forms. IRCC recognizes physical, sexual, financial, psychological abuse and reprisal.
01
Physical Abuse
Physical harm, threats of violence or being forced to work in unsafe conditions may be relevant evidence of abuse.
02
Sexual Abuse or Harassment
Unwanted sexual touching, sexual comments or other sexually abusive conduct may fall within the definition of abuse.
03
Financial Abuse
Taking wages, withholding money, improper recruitment fees or other financial exploitation may be relevant.
04
Psychological Abuse
Threats, intimidation, insults, isolation, coercion or controlling behaviour may constitute psychological abuse.
05
Unsafe Living Conditions
Unsafe or unsanitary employer-provided housing may also be relevant where it forms part of the abusive employment situation.
06
Reprisal
Demotion, dismissal, discipline or threats of punishment because a worker reported non-compliance or cooperated with an inspection may constitute reprisal.
POSSIBLE WARNING SIGNS
Examples of Situations That May Need Review
Every case depends on its facts, but these are examples of conduct that may be relevant to a vulnerable worker application.
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Unpaid or Withheld Wages
Your employer keeps part of your pay, does not pay agreed wages or demands that you return part of your wages.
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Threats About Immigration Status
Someone threatens you with dismissal, deportation or immigration consequences to control your behaviour.
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Unsafe Work
You are forced to perform dangerous work or work under conditions that put your health or safety at risk.
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Isolation or Control
Your employer or another person connected to the employment controls where you go or prevents you from communicating with others.
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Recruitment Fraud
A recruiter or third party charges improper fees, makes false promises about the job or otherwise exploits the worker.
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Retaliation for Complaining
You are threatened, disciplined, demoted or dismissed because you raised concerns about working conditions.
RISK OF ABUSE
You Do Not Necessarily Have to Wait Until Abuse Becomes Worse
The program applies not only to workers who are already experiencing abuse but also to workers who are at risk of being abused in relation to their job.
This means IRCC may consider circumstances showing a genuine risk even where the worker has not experienced every possible form of abuse.
The application should clearly explain the worker's circumstances and why they believe abuse is occurring or is likely to occur.
You Do Not Need to Endure More Harm First
The purpose of this permit is protective. Evidence of a genuine risk of abuse can be relevant even before the situation escalates further.
Discuss My SituationSUPPORTING EVIDENCE
How Can You Show Abuse or Risk of Abuse?
The application should provide enough information and evidence for an immigration officer to understand what is happening.
01
Your Own Explanation
A detailed written explanation can describe the events, working conditions, threats, financial issues and other circumstances relevant to the application.
02
Messages and Communications
Emails, text messages, messaging-app conversations, voicemails or other communications may support the worker's account.
03
Employment Records
Employment agreements, schedules, pay records, pay stubs and bank records may help demonstrate discrepancies or abusive employment practices.
04
Photos or Other Records
Photographs or other records may help document unsafe work, housing conditions, injuries or other relevant circumstances.
05
Third-Party Information
Information from co-workers, community organizations, health professionals, police or other third parties may be relevant when available.
06
Immigration and Job Documents
Your work permit, employment documents and information about the employer help establish the immigration and employment context of the case.
EVIDENCE
Evidence Can Take Different Forms
Workplace abuse does not always happen in a way that creates one obvious official document.
Applicants should provide the evidence reasonably available to them and clearly explain what occurred, who was involved and how the situation relates to their employment in Canada.
The overall circumstances should be presented clearly and consistently rather than relying on one single type of evidence.
Build the Full Picture
Messages, wage records, workplace documents, photographs and a detailed personal explanation can help an officer understand the circumstances of the case.
Review My EvidenceWHERE TO APPLY
The Application Must Be Made From Inside Canada
The vulnerable worker open work permit is specifically designed for eligible temporary foreign workers who are currently in Canada.
The application is generally submitted online through the applicable IRCC process.
This work permit cannot be applied for at a Canadian port of entry.
Do Not Try to Apply at the Border
IRCC specifically requires eligible vulnerable workers to apply through the designated application process rather than at a port of entry.
Review My ApplicationGOVERNMENT FEES
There Are No Work Permit Application Fees for Eligible Vulnerable Workers
Vulnerable worker open work permit applicants are exempt from both the standard work permit processing fee and the open work permit holder fee.
IRCC has a specific online application process that allows eligible applicants to indicate the applicable fee exemption.
Biometrics are also handled under special procedures for this application category.
Work Permit Fee: $0
Eligible vulnerable workers are exempt from the work permit processing fee and the open work permit holder fee.
Get Application AssistanceBIOMETRICS
Special Biometrics Instructions Apply
Vulnerable worker applicants are not asked to provide biometrics at the initial application stage in the usual way.
If an immigration officer determines that biometrics are required, IRCC can request them after the application has been submitted.
Applicants should follow the specific vulnerable worker application instructions rather than assuming the standard work permit biometrics process applies.
Follow the Special Application Instructions
Vulnerable worker applications have specific fee and biometrics procedures within the online application system.
FAMILY MEMBERS
Can Your Family Members Receive Open Work Permits?
Family members who came with the vulnerable worker to Canada may also be eligible for an open work permit if the vulnerable worker's application is approved.
Each eligible family member must submit their own work permit application.
Their applications may be submitted together with the vulnerable worker's application.
Family Applications Are Separate
Approval of the principal worker's permit does not automatically issue work permits to family members. Separate applications are required.
Review My Family's OptionsTEMPORARY SOLUTION
A Vulnerable Worker Open Work Permit Cannot Be Renewed
This permit is intended as a temporary solution that gives an eligible worker time to leave an abusive situation and find another employer.
The work permit has an expiry date and cannot be renewed as another vulnerable worker open work permit.
If the worker wants to remain and continue working in Canada, another appropriate work permit should be obtained before the vulnerable worker permit expires.
Plan the Next Work Permit Early
Once you are safe and working under the open permit, the next step is usually to identify a longer-term work authorization strategy before the permit expires.
Plan My Next Work PermitAFTER APPROVAL
Finding a New Employer
Once the vulnerable worker open work permit is approved, the worker generally has the flexibility to work for most employers in Canada.
The worker can use this period to leave the abusive employer, obtain new employment and determine what work permit will be appropriate after the open permit expires.
Depending on the new job and the worker's immigration circumstances, the next work permit may involve an LMIA or an available LMIA-exempt category.
The Open Permit Is a Bridge to Safer Employment
The goal is not only to leave the abusive employer, but also to establish a sustainable immigration and employment plan afterward.
Plan My Next StepEMPLOYER COMPLIANCE
What Happens to the Employer?
If IRCC approves a vulnerable worker open work permit, the government may later inspect the employer to determine whether temporary foreign worker program requirements were followed.
IRCC states that it may contact the employer for the purpose of conducting an inspection.
The worker may also be asked to provide additional information for an employer inspection, but providing that additional inspection information is voluntary.
Your Work Permit Application Is About Your Protection
The vulnerable worker permit exists to help the worker leave an abusive situation. Employer compliance action is a separate government process.
WORK AUTHORIZATION
Can You Immediately Start Working for Another Employer?
Applying for a vulnerable worker open work permit does not automatically mean that the worker can immediately begin working for a different employer.
Until new work authorization applies, the worker must respect the conditions of their existing immigration documents.
The worker's current status and work permit conditions should be reviewed carefully before starting employment with another employer.
Do Not Start Unauthorized Work
Leaving an abusive employment situation and having authorization to work for a new employer are separate questions. Confirm your work authorization first.
Check My Work AuthorizationAPPLICATION DOCUMENTS
Preparing a Vulnerable Worker Application
A strong application should clearly establish both the worker's immigration eligibility and the circumstances involving abuse or risk of abuse.
01
Work Permit
Provide documentation showing the employer-specific work permit and relevant temporary resident status.
02
Letter of Explanation
The application should clearly explain the abusive situation or risk of abuse and how it relates to the applicant's job.
03
Supporting Evidence
Include available evidence that supports the circumstances described in the application.
04
Employment Information
Employment contracts, employer information, wage records and work schedules may help establish the employment relationship.
05
Passport and Identity Documents
The applicant should provide the required passport and identity documentation.
06
Status Extension Evidence
If relying on a work permit extension submitted before expiry, provide evidence of the pending application.
APPLICATION PROCESS
How the Vulnerable Worker Application Works
The application should focus on both immigration eligibility and the facts surrounding the abusive employment situation.
1
Confirm Immigration Eligibility
Review your location in Canada, employer-specific work permit and current temporary resident status.
2
Document the Situation
Prepare a clear chronology explaining the abuse or risk of abuse connected to your employment.
3
Gather Supporting Evidence
Collect messages, employment records, financial records, photographs and other relevant documentation that is reasonably available.
4
Submit the Online Application
Apply through the specific IRCC process for an Open Work Permit for Vulnerable Workers.
5
Respond to IRCC if Required
IRCC may request additional information or ask the applicant to participate in an interview before making a decision.
COMMON MISUNDERSTANDINGS
Important Things to Understand
This is a special protective immigration measure and should not be treated like an ordinary open work permit category.
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Abuse Is Not Only Physical
Financial, psychological, sexual abuse and reprisal can also be relevant under the program.
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Being Unhappy at Work Is Not the Same Thing
A difficult workplace or disagreement with an employer does not automatically establish abuse. The specific facts must be reviewed.
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It Is Not a Permanent Work Permit
The permit is temporary and cannot simply be renewed under the same vulnerable worker category.
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No New Job Offer Is Required First
The worker does not need to remain in the abusive job until another employer obtains an LMIA or other employer-specific authorization.
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You Must Be in Canada
This specific protective work permit cannot be used as an overseas work permit pathway.
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Approval Does Not Decide the Employer's Liability
The work permit protects the worker. Employer inspections and other enforcement actions are separate processes.
PERSONAL SAFETY
Immigration Status Should Not Prevent You From Seeking Help
If you are experiencing workplace abuse, your personal safety may require attention in addition to your immigration status.
Depending on the circumstances, support may also be available through police, employment standards authorities, worker support organizations, settlement agencies or other community services.
Immigration advice can address the work permit and status issues, but it does not replace emergency, legal, medical or social-service assistance when those services are needed.
Immediate Danger?
If you are in immediate danger in Canada, contact emergency services by calling 9-1-1.
HOW WE CAN HELP
A Vulnerable Worker Application Requires Careful Preparation
AddPlus Immigration Solutions Inc. can help assess immigration eligibility and organize the circumstances and supporting evidence relevant to the application.
01
Eligibility Review
We review your work permit, status and employment situation to determine whether this category may apply.
02
Evidence Review
We help identify relevant evidence and organize the information needed to explain the employment situation.
03
Application Preparation
We assist with preparing the work permit application and supporting immigration documentation.
04
Next-Step Planning
If the permit is approved, we can help review options for future work authorization and longer-term immigration planning.
IMPORTANT INFORMATION
You Have Immigration Options Beyond Staying With an Abusive Employer
Workers on employer-specific work permits may feel that leaving their employer means immediately losing their ability to remain or work in Canada.
Canada's vulnerable worker open work permit was created specifically to provide protection in qualifying situations where abuse or the risk of abuse is connected to employment.
Every situation is different. The worker's current work permit, immigration status, employment history and evidence should be reviewed before determining the appropriate immigration strategy.
Concerned About Your Employer?
Tell us about your current work permit, employer and employment situation. We can review whether the vulnerable worker open work permit may be available.
Request a Confidential AssessmentYOUR STATUS SHOULD NOT TRAP YOU IN ABUSE
Understand Your Options and Protect Your Ability to Work in Canada
If your Canadian work permit is tied to an employer and you are experiencing abuse or believe you are at risk of abuse, our team can help you understand the immigration options available to you.
Contact Us Confidentially