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LegalFebruary 20, 20269 min read

Open Work Permit for Vulnerable Workers

By WelcomeAide Team

Supportive environment for vulnerable workers seeking help in Canada

What Is the Open Work Permit for Vulnerable Workers?

The Open Work Permit for Vulnerable Workers (OWPVW) is a special immigration measure introduced by the Canadian government to protect temporary foreign workers who are experiencing abuse, or who are at risk of abuse, in their workplace. This permit allows vulnerable workers to leave an abusive employer and find new employment without losing their legal status in Canada.

The program was launched in June 2019 and has since helped thousands of workers escape exploitative situations. It is a critical safety net for foreign workers who might otherwise feel trapped because their work permit ties them to a specific employer.

Support worker helping a vulnerable temporary foreign worker in Canada

Who Is Eligible?

To be eligible for an open work permit for vulnerable workers, you must meet the following criteria:

  • You must hold a valid employer-specific work permit (or have held one recently)
  • You must be experiencing abuse or be at risk of abuse in connection with your employment in Canada
  • The abuse must be related to your job or workplace

What Counts as Abuse?

The Government of Canada defines abuse broadly in this context. It can include:

  • Physical abuse: Hitting, pushing, physical intimidation, or any physical violence
  • Sexual abuse: Unwanted sexual contact, harassment, or exploitation
  • Psychological abuse: Threats, intimidation, isolation, controlling behaviour, verbal abuse
  • Financial abuse: Withholding wages, illegal wage deductions, confiscating identity documents, charging recruitment fees
  • Reprisals: Threats of deportation, termination, or other retaliation for asserting your rights

You do not need to have reported the abuse to the police to qualify, although reporting is encouraged. The assessment is based on reasonable grounds to believe that abuse has occurred or is likely to occur.

How to Apply

The application process for the OWPVW is designed to be accessible, even in urgent situations.

Step 1: Contact IRCC

You can apply for the open work permit for vulnerable workers by completing the online application on the IRCC vulnerable workers page. You can also call the IRCC call centre at 1-888-242-2100 to request an application or ask questions.

See also: How to Get Your SIN Number in Canada

Step 2: Provide Evidence of Abuse

Your application should include a written statement describing the abuse you have experienced or the risk you face. Supporting evidence can include, but is not limited to:

  • A letter or statement from a shelter, crisis centre, or community organization
  • A police report or victim services report
  • Medical records documenting injuries
  • Pay stubs or employment records showing wage theft
  • Text messages, emails, or other communications documenting threats or abusive behaviour
  • Photographs of injuries or unsafe working conditions

You do not need to provide extensive proof. IRCC assesses these applications on a case-by-case basis, and a credible personal statement can be sufficient.

See also: Understanding Your Canadian Pay Stub

Step 3: Pay the Fee (or Request a Fee Waiver)

The standard work permit application fee is $155 CAD, plus $100 CAD for an open work permit holder fee. However, if you cannot afford to pay, you can request a fee waiver based on financial hardship. Include a brief explanation of your financial situation with your application.

Step 4: Wait for Processing

IRCC prioritizes applications for vulnerable worker open work permits. Processing times are generally faster than standard work permit applications, often within a few weeks. In urgent cases, expedited processing may be available.

Community support organization in Canada helping vulnerable workers

What Happens After You Receive the Permit

Once you receive your open work permit for vulnerable workers, you can:

  • Leave your current employer immediately
  • Work for any employer in Canada (with some exceptions, such as employers on the ineligible employer list)
  • Remain in Canada legally while you seek new employment

The open work permit is typically valid for one year. Before it expires, you will need to either apply for a new work permit (employer-specific or open), apply for permanent residence, or make arrangements to leave Canada.

See also: How to Apply for Canadian Permanent Residence

Support Services Available

If you are a vulnerable worker in Canada, there are numerous organizations that can help you. These services are typically free and confidential:

  • Migrant Workers Alliance for Change: Provides advocacy and support for migrant workers across Canada
  • Provincial employment standards offices: Can help you file a complaint about unpaid wages, unsafe conditions, or other workplace violations
  • Legal aid clinics: Many provinces offer free legal advice for workers experiencing exploitation
  • Community settlement agencies: Can help with housing, language services, and connecting you to other resources
  • National Human Trafficking Hotline: 1-833-900-1010 (if you suspect human trafficking)
  • IRCC call centre: 1-888-242-2100 for immigration-related questions

Common Questions

Can I apply if I have already left my employer?

Yes. You can apply even if you have already left the abusive employer. However, you should apply as soon as possible to maintain your legal status in Canada. If your work permit has expired, you may still be eligible, but you should consult an immigration lawyer or consultant immediately.

Will my employer be notified?

IRCC does not routinely notify employers when a worker applies for an OWPVW. Your application is treated confidentially. However, if IRCC or ESDC decides to investigate the employer, the employer may become aware of the complaint at that point.

Can I bring my family?

If your family members are already in Canada on dependent status, their status is generally tied to yours. If you obtain a new work permit, they may be able to extend their own permits or status accordingly. Consult an immigration professional for advice specific to your family situation.

What if I am undocumented?

The OWPVW is intended for workers who hold (or recently held) a valid employer-specific work permit. If you are undocumented, your situation is more complex, but you may still be able to access support services and explore other immigration options. Contact a legal aid clinic or settlement agency for help.

Employer Consequences

When a worker reports abuse, ESDC and IRCC may investigate the employer. Employers found to have violated the terms of a work permit or the rights of a temporary foreign worker can face:

  • Monetary penalties of up to $100,000 per violation
  • A ban from hiring temporary foreign workers
  • Criminal charges in severe cases

The Government of Canada maintains a list of non-compliant employers that is publicly available.

Tips for Vulnerable Workers

  1. Keep copies of all your documents (passport, work permit, employment contract, pay stubs) in a safe place away from your employer.
  2. Document any abuse as it happens. Write down dates, times, and descriptions of incidents. Save any text messages or emails.
  3. Reach out to a community organization or settlement agency for confidential support.
  4. Know your rights. Temporary foreign workers in Canada are protected by the same employment and labour laws as Canadian citizens and permanent residents.
  5. Do not be afraid to contact the police if you are in immediate danger.

Understanding Your Workplace Rights in Canada

As a temporary foreign worker in Canada, you are entitled to the same workplace protections as Canadian citizens and permanent residents. This includes minimum wage laws, overtime pay, safe working conditions, and freedom from discrimination and harassment. Your employer cannot threaten you with deportation, confiscate your passport or travel documents, or force you to work in conditions that violate provincial employment standards.

Every province and territory has an employment standards office where you can file a complaint about workplace violations. These complaints are handled confidentially, and your immigration status does not affect your right to file a complaint. Many provinces also have occupational health and safety agencies that investigate unsafe working conditions. If you are unsure where to report a violation, contact a local settlement agency for guidance.

For more information on work permit options, see our bridging open work permit guide.

Where to Get More Information

Visit the IRCC vulnerable workers page for the most up-to-date information on eligibility and application procedures. You can also call 1-888-242-2100 to speak with an IRCC agent. Remember, you have rights in Canada, and help is available. No one should have to face persecution alone, and Canada's refugee protection system exists to provide safety to those who need it most.

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