Open work permit for vulnerable workers

Open work permit for vulnerable workers

If you are working in Canada with an employer-specific work permit and are experiencing abuse or are at risk of work-related abuse, you may be eligible to apply for an Open Work Permit for Vulnerable Workers (OWP-VW).

This is a temporary protective measure that helps workers leave an abusive environment and find a new employer. It is not a permanent residence program, and this permit is not a long-term solution.

Who can apply?

You must meet the following key conditions:

• Be in Canada; do not apply for this permit at a port of entry;
• Have reasonable grounds to believe that you are experiencing abuse or are at risk of work-related abuse in Canada; and
• Have a valid employer-specific work permit; or have applied to extend an employer-specific work permit before it expired and are authorized to remain in Canada under maintained status while IRCC processes your application.

What constitutes abuse?

IRCC defines abuse more broadly than physical violence. Abuse can be physical, sexual, financial, psychological, or retaliatory. Examples include:

• Physical, verbal, or written threats, or insults;
• Forcing work that is unsafe or detrimental to health;
• Unsafe or unsanitary housing provided by the employer;
• Unwanted sexual touching or comments;
• Controlling movement or isolating the worker;
• Withholding or taking away wages;
• Forcing the worker to commit fraud;
• Third parties charging fees in exchange for a job or making false employment promises;
• Termination, demotion, discipline, or threats because the worker reported non-compliance or cooperated with an employer inspection.

What evidence is required?

Applicants must present their circumstances and the abuse/risk of abuse. IRCC encourages the use of IMM 0017 – Letter of Explanation. Evidence may include:

• An affidavit or personal statement from the applicant;
• Letters/reports from support organizations, doctors, or medical professionals;
• Police reports, CBSA reports, or complaints to a provincial employment standards authority;
• Emails, text messages, payroll records, or bank statements;
• Photos, witness statements, or other documents demonstrating working conditions/abuse.

Not every type of evidence listed above is required for every file; you should provide as much credible evidence as possible.

Government fees

There is no application fee for an Open Work Permit for Vulnerable Workers. Applications must be submitted online, unless IRCC permits another method due to a disability or issues with the online application system.

After approval

• This is a temporary open work permit, allowing you to work for most employers in Canada, subject to standard open work permit restrictions;
• The permit has an expiration date and cannot be extended under the vulnerable worker category;
• If you wish to continue working in Canada, you must find another pathway/work permit and apply accordingly before the OWP-VW expires.

Does IRCC contact the employer?

After an OWP-VW is issued, IRCC may conduct an employer inspection. IRCC states that they do not contact the employer for other purposes related to this application. Applicants may be asked to provide further information for an inspection, but providing that information is the applicant’s choice.

Family members

Family members already in Canada with the principal applicant may apply for an open work permit under this category if they meet the conditions set by IRCC. Each person must have a separate application; the issuance of an OWP-VW to the principal applicant does not automatically grant a permit to family members.

KeyApply support

KeyApply assists with preliminary eligibility assessments, organizing timelines and evidence, preparing administrative documents, and coordinating with an RCIC/licensed lawyer when legal advice or representation is required.

If there is an immediate safety risk: call 9-1-1 or your local police authority. An immigration application is not a substitute for emergency protective measures.

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