CANADA

Canada has a special Open Work Permit for Vulnerable Workers designed to help temporary foreign workers who are experiencing abuse or are at risk of abuse in relation to their employment in Canada.

This work permit provides an important option for eligible workers who may need to leave an abusive employment situation and look for another job in Canada. It is different from a regular employer-specific work permit because an approved vulnerable-worker open work permit generally allows the worker to work for almost any eligible employer in Canada.

However, this program has specific eligibility requirements. A person cannot apply simply because they are unhappy with their employer, have lost their job or want to change employers. The applicant must meet the applicable requirements and provide information and evidence about the abuse or risk of abuse.

1. What Is the Canada Vulnerable Workers Open Work Permit?

The Vulnerable Workers Open Work Permit is a temporary open work permit available to certain temporary foreign workers in Canada who are experiencing abuse or are at risk of abuse related to their job.

The purpose of this measure is to help vulnerable workers leave an abusive employment situation without being forced to remain with the same employer simply because their existing work permit is employer-specific.

An approved open work permit can provide the worker with the ability to find another job and work for an eligible employer in Canada.

2. Who Is the Vulnerable Workers Program For?

This program is intended for temporary foreign workers who are experiencing abuse or are at risk of abuse in relation to their employment in Canada.

The worker must generally be in Canada and must have an employer-specific work permit with the employer’s name on it, or have applied to extend that work permit before it expired and still be waiting for a decision.

The program is therefore specifically connected to workplace abuse or the risk of workplace abuse.

It is not a general pathway for every temporary foreign worker who wants to leave an employer.

3. Who Can Apply for a Vulnerable Workers Open Work Permit?

According to current IRCC eligibility requirements, an applicant can apply if they:

Are currently in Canada
Are experiencing abuse or are at risk of abuse in relation to their job in Canada
Hold a valid employer-specific work permit with their employer’s name on it, or
Applied to extend their employer-specific work permit before it expired and are still waiting for a decision

Applicants cannot apply for this particular work permit at a port of entry.

Each requirement should be considered carefully before submitting an application.

4. What Counts as Abuse?

Abuse is not limited to physical violence.

IRCC explains that abuse can involve behaviour that scares, controls or isolates a worker. It can be physical, sexual, financial, psychological or involve reprisals.

Examples can include physical harm, threats, intimidation, financial control, unwanted sexual behaviour, unsafe working conditions and other conduct that places the worker at risk.

The important question is whether the circumstances relate to the person’s employment in Canada and meet the applicable requirements of the program.

5. Physical Abuse at the Workplace

Physical abuse can include physical harm or other conduct that puts the worker’s safety at risk.

For example, IRCC identifies physical harm and forcing a worker to work in a way that is unsafe or puts their health at risk among situations that can be reported in a vulnerable-worker application.

A worker experiencing immediate physical danger should prioritize their personal safety and seek appropriate emergency or professional assistance.

The immigration application can then explain the circumstances and provide available supporting evidence.

6. Psychological Abuse, Threats and Intimidation

Abuse can also take psychological forms.

Threats, insults, intimidation, controlling behaviour and other conduct that scares or controls a worker can be relevant to the vulnerable-worker program.

A worker does not necessarily need to have experienced physical violence for the situation to be serious.

The application should describe the circumstances clearly, factually and honestly, including what happened, when it happened and how the conduct relates to the employment.

7. Financial Abuse and Wage-Related Problems

Financial abuse can also be relevant.

IRCC provides examples such as stealing money from a worker or taking some or all of the money the worker has been paid.

Other employment-related wage violations may also be reportable under Canadian worker-protection systems, depending on the circumstances and applicable provincial or federal rules.

However, not every payroll disagreement automatically qualifies someone for a vulnerable-worker open work permit. The applicant must meet the immigration program’s requirements.

8. Sexual Abuse or Unwanted Sexual Behaviour

Sexual abuse can include unwanted sexual touching or unwanted sexual comments.

These are among the examples specifically identified by IRCC as forms of abuse that may be relevant to a vulnerable-worker application.

A worker should describe the conduct accurately and provide any available supporting evidence.

The applicant does not need to create evidence or confront the employer simply for the purpose of making an immigration application.

9. Unsafe Working or Living Conditions

A worker may also face circumstances involving unsafe or unsanitary working or living conditions.

IRCC specifically includes situations such as forcing a worker to work in unsafe conditions or placing them in unsafe or unsanitary employer-provided housing among examples of abuse that can be reported.

The circumstances should be documented wherever possible, particularly if there are photographs, communications, reports or other legitimate evidence.

10. Retaliation or Reprisals by an Employer

Workers may sometimes fear consequences after reporting workplace problems.

IRCC identifies disciplinary measures, demotion, dismissal or threats of such actions because a worker reported non-compliance with working conditions or cooperated with an employer inspection as examples of abuse.

This is important because temporary foreign workers may be particularly concerned about their immigration status when reporting workplace problems.

Canadian government guidance also confirms that temporary foreign workers have rights and can report workplace abuse.

11. Do You Need to Prove Abuse With a Police Report?

A police report is not the only possible form of evidence.

IRCC allows applicants to support their application with different types of evidence relating to their situation and the abuse or risk of abuse. Examples can include a statement or report from an abuse-support organization, medical or health professional documentation, an affidavit from the applicant, or a complaint made to an enforcement agency.

The applicant should provide whatever credible evidence is available and relevant to their circumstances.

Not every case will have the same type of evidence.

12. What Evidence Can Support the Application?

Applicants are encouraged to provide as much relevant evidence as they can.

Possible evidence can include:

A personal statement explaining the situation
Letter or report from an abuse-support organization
Medical or healthcare professional documentation
Sworn statement or affidavit
Police or other enforcement report
Employment standards complaint
Relevant emails or messages
Photographs
Other credible supporting documents

IRCC specifically provides an IMM 0017 – Letter of Explanation – Open Work Permit for Vulnerable Workers for applicants to explain their circumstances.

The evidence should be genuine. Applicants should never manufacture documents or make false allegations.

13. Do You Need to Stay With the Abusive Employer?

The purpose of this program is to help eligible workers leave an abusive situation.

A worker does not have to remain in an abusive situation simply to continue building evidence for an application. Government information explains that the program is intended to help workers who are currently experiencing abuse or are at risk of abuse.

However, eligibility still depends on meeting the immigration requirements, including the applicable work-permit requirements.

A worker should obtain appropriate professional assistance if they are uncertain about their immigration status or immediate safety.

14. Is the Vulnerable Worker Permit an Open Work Permit?

Yes.

If approved, this is an open work permit, meaning the worker is not generally restricted to the employer named on their previous employer-specific work permit.

IRCC states that the permit can allow the worker to work for any employer in Canada, subject to restrictions, including employers that are listed as ineligible or employers involved in certain adult entertainment services.

This flexibility is one of the key protections provided by the program.

15. Do You Need a Job Offer to Apply?

The vulnerable-worker open work permit is an open work permit category.

IRCC’s application instructions specifically tell eligible applicants applying under this category to indicate that they do not have a written job offer when completing the online application questions.

Therefore, an applicant does not need to obtain a new employer’s job offer before applying for this particular open work permit.

The applicant must still meet the program’s eligibility requirements.

16. Is There an Application Fee?

There is no application fee for the vulnerable-worker open work permit.

IRCC’s current application instructions specifically state that there are no fees for this work permit.

The application process also has special provisions regarding biometrics. Applicants are not normally asked to provide biometrics at the time of application because of the nature of the program, although an officer can request them later if necessary.

17. How Do You Apply for the Vulnerable Workers Open Work Permit?

Applications must generally be submitted online.

IRCC’s instructions provide a specific process for finding this work-permit category in the online application system. Applicants are instructed to select work as the intended activity, identify Canada as their current country of residence, indicate that they do not have a written job offer, and answer the vulnerable-worker question appropriately if it applies to their situation.

The application should include the required work-permit form and supporting information about the abuse or risk of abuse.

18. What Happens After You Apply?

After receiving the application, IRCC may contact the applicant if additional information is required.

An officer may also request an interview.

The application is assessed based on the information and evidence provided and the applicable immigration requirements.

If approved, the worker receives an open work permit with an expiry date.

The purpose of the permit is to provide temporary protection and enough time for the worker to leave the abusive situation, find another employer and apply for another appropriate work permit if they want to continue working in Canada.

19. Can the Vulnerable Worker Open Work Permit Be Renewed?

No.

This is an important point.

IRCC states that the open work permit for vulnerable workers cannot be renewed. It is a temporary solution intended to give the worker time to find a new employer and apply for another work permit before the vulnerable-worker permit expires.

Therefore, an approved applicant should not treat this permit as a permanent work authorization.

Before it expires, the worker should determine whether they qualify for another work permit or another immigration pathway.

20. Canada Vulnerable Workers Open Work Permit – Final Guide

The Canada Vulnerable Workers Open Work Permit is an important protection measure for eligible temporary foreign workers who are experiencing abuse or are at risk of abuse related to their employment.

The most important points are:

You must generally be in Canada.
You must be experiencing abuse or be at risk of abuse related to your job.
You generally need a valid employer-specific work permit or must have applied to extend it before it expired and still be waiting for a decision.
You cannot apply for this permit at a port of entry.
The application must generally be submitted online.
There is no application fee for this specific permit.
Supporting evidence about the abuse or risk of abuse should be provided.
A police report is not the only possible type of evidence.
If approved, the permit can allow the worker to work for almost any eligible employer in Canada.
The permit is temporary and cannot be renewed.
The worker should apply for another appropriate work permit before the vulnerable-worker permit expires if they want to continue working in Canada.