Open Work Permit for Vulnerable Workers: Leaving an Abusive Employer in Canada

Most temporary foreign workers in Canada hold an employer-specific work permit. It ties them to one employer. If that employer is abusive, the worker may feel trapped: leaving the job can seem to mean losing the right to stay in Canada.

Immigration, Refugees and Citizenship Canada (IRCC) created the open work permit for vulnerable workers to solve this. It lets you leave the abusive job and work for almost any other employer while you look for a new, safe job. It does not require a new job offer or a Labour Market Impact Assessment (LMIA).

The permit can't be used to work for employers that IRCC lists as non-compliant, or for businesses that regularly offer striptease, erotic dance, escort services, or erotic massage.

You may qualify if all of these are true:

• You are in Canada
• You hold a valid employer-specific work permit with your employer's name on it, or you applied to extend your employer-specific permit before it expired and are on maintained status
• You are being abused, or are at risk of being abused, in relation to your job in Canada

This can include workers in the Temporary Foreign Worker Program, including farm workers such as those in the Seasonal Agricultural Worker Program, and workers on other employer-specific permits.

You can't apply at a port of entry. You must apply online from inside Canada.

IRCC describes abuse broadly as any behavior that scares, controls, or isolates you. It can be:

You don't have to wait until you have been hurt. Being at risk of abuse also counts. If an employer is taking your passport, forcing unpaid overtime, or threatening you, that can support an application.

Whatever permit you hold, Canadian law protects you at work. Your employer must:

• Pay you for all hours you work, at least the wage in your contract and the provincial minimum wage
• Follow the overtime, rest, and holiday rules of your province
• Provide a safe workplace, safety training, and the right to refuse dangerous work
• Let you keep your own passport and work permit
• Not charge you recruitment fees or make you pay back the costs of hiring you, such as the LMIA fee

Your employer also cannot threaten to have you deported for complaining. Only immigration officials decide on your status.

If these rules are broken, write down dates, times, and what happened, and keep copies of pay stubs and messages. This record helps both a complaint and a vulnerable worker application.

Your application should explain what happened, in your own words, and include any documents that support it. IRCC lists examples such as:

• A letter, statement, or report from an abuse support organization, a doctor, or another health care professional
• Police reports or official complaints, for example to a provincial employment standards office
• Medical records, pay stubs that show missing pay, or photos of injuries or unsafe conditions
• Statements from witnesses, such as coworkers
• A copy of your passport and work permit

You don't need every item. Give what you have. Community organizations that help migrant workers can often help you write your statement and gather documents for free. People who help you translate or fill in forms must be listed as required in the application.

There are no fees for the vulnerable worker open work permit.

If your spouse, partner, or children are in Canada with you, they may also be at risk. Family members in Canada may be able to apply for their own permits connected to your case. Check IRCC's instructions on the "How to apply" page, or ask a support organization for help.

IRCC reviews your application and may contact you for more information. If approved, you receive an open work permit and can start looking for a new job with a different employer. The permit is temporary. It is meant to give you time to find a safe job and to get a new work permit or other status for the longer term.

Before your vulnerable worker permit ends, plan your next step. Options can include a new LMIA work permit with a new employer, another LMIA-exempt permit, or a permanent residence program if you qualify. Apply for your next permit before your current one expires so you keep maintained status. See extend your status.

• Emergencies: If you are in danger, call 911.
• Report the employer: Employment and Social Development Canada (ESDC) runs a confidential tip line and online form for reporting abuse of temporary foreign workers. Details are on the ESDC foreign workers pages.
• Provincial help: Each province has an employment standards office that handles unpaid wages and other workplace complaints, and a workplace health and safety agency.
• Community groups: Migrant worker centers and settlement agencies offer free help in many languages.
• Legal help: If your immigration status is uncertain, or you face threats of deportation, talk to a lawyer or a licensed consultant (RCIC). Many legal clinics are free. Read how to verify a lawyer or consultant first.

Your right to report abuse does not depend on your immigration status. An employer cannot legally punish you for reporting.