Open Work Permit - An open work permit for vulnerable workers who are victims of abuse.

What constitutes abusive behavior?

Any behavior that frightens, controls, or isolates you can be considered abuse. Abuse can be physical, sexual, financial, or emotional.

Examples of abuse that you should report in your application include:

• causing physical harm
• forcing you to work in an unsafe way or one that threatens your health.
• Unsafe or unsanitary living conditions in housing provided by the employer.
• Sexual touching without your consent.
• making unwanted sexual comments to you
• control where you can go
• steal from your friend
• prevents you from meeting friends or colleagues.
• Take a portion or all of the money you receive.
• threats, insults, and intimidation
• forcing you to cheat
• a third party charges you for a job or makes false promises.

Work permits are open to vulnerable workers.

If you are experiencing or are at risk of abuse related to your work in Canada, you may be eligible for an open work permit for vulnerable workers.

An open work permit allows you to work for any employer in Canada, except for

• Businesses listed in this list of employers have either failed to comply with the conditions or :
• Providing services such as striptease, erotic dancing, or erotic massage.

This work permit helps protect your rights as a worker in Canada by helping you escape abuse and find new employment. However, it is a temporary solution and:

• It has an expiration date, and
• Cannot be extended

If you are approved for this work permit, it will give you enough time to find a new employer and apply for a new work permit. If you wish to stay and work in Canada, you must apply for another work permit before this one expires.

Who can apply?

You can apply if

• currently in Canada
  • Applications at the border crossing will not be accepted.
• I have a valid work permit with a specific company.
  • This is your work permit with your employer's name on it, and it hasn't expired yet (or you've applied for an extension before it expires).
• are experiencing or are at risk of experiencing abuse related to your work in Canada.

What documents do I need to prepare?

To support your application, you must provide proof of:

• your situation
• The abuse you are facing or are at risk of facing

You should also include as much evidence as possible in your application.
Evidence may include:

• Letters, statements, or reports from an abuse support organization, medical doctor, healthcare professional, etc.
• a personal oath
• A copy of the official report you submitted to the enforcement agency, such as a police report or a Canada Border Services Agency report.
• A copy of the official complaint is submitted to the provincial-level government enforcement agency, such as the labor standards agency branch.
  
• Victim Impact Report
• email or text messages
• pay stubs or bank statements
• The photo shows injuries or working conditions.
• witness testimony

The list above provides illustrative examples . You may have other types of evidence.

After you submit your application

You will be contacted by an immigration officer within 5 business days to let you know what to do next. You may be required to attend an interview.

After you receive your open work permit , the immigration department may contact your employer to conduct an inspection.

Business audit

Employers are inspected to ensure they comply with regulations when hiring temporary workers through the International Worker Migration Program or the Temporary Overseas Worker Program. The inspections aim to protect temporary workers.

If you are approved for a work permit open to abused workers, the immigration department may ask you to provide information to check your previous employer. You are not required to provide this information if you do not wish to.

The inspection can happen at any time after you receive your valid work permit.

Work permits are open to family members.

Family members accompanying you to Canada may also be eligible for an open work permit if your application is approved. They must complete their own application but can submit it along with yours.

KeyApply's services

If you need services to convert your current work permit to an open work permit, please follow these steps:

1. Send your information to info@keyapply.com or call our offices to tell us about your situation.
2. Our lawyers will review the information you submit, and if necessary, they will ask you to schedule a consultation.
3. After the consultation, the lawyer will decide on the course of action for your case and inform you of the service fees.

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