Explore the Open Work Permit option for specific vulnerable workers who are suffering from abuse at their workplace. These vulnerable workers possess employer-specific work permits. However, they have the option of applying for an Open Work Permit, and this measure aims to enable the victims at the workplace to change their employer. This way, they will not have to face the loss of their Canadian status.
The Open Work Permit option for specific vulnerable workers – Who can choose this option?
Workers in Canada who have an employer-specific work permit based on LMIA and who have undergone any abuse at their workplace might qualify for this program. Notably, individuals can apply if they adhere to the following conditions:
- Reside in Canada as the port of entry applications will not be acceptable.
- They own a valid employer-specific work permit, which shouldn’t have expired at the time of applying. This type of work permit consists of the name of the employer.
- They are victims of workplace abuse at present, or they are under some kind of threat related to their employment in Canada.
Work permits based on the requirement of an LMIA are connected to specific employers in a particular industry. Employer-specific work permit holders do not have permission to work under any employer other than the one mentioned on their work permit. Therefore, if a foreign national seeks to change their employers, they must legally apply to modify their employment conditions in Canada.
Contrarily, an Open Work Permit enables individuals to work for any employer of their choice in multiple industries.
Definition of abuse for an OWP
Abuse could be in the form of physical, mental, sexual, or financial. It concerns a behavior that threatens, dominates, scares, or isolates you.
The following types of abuse must be brought to light officially:
- Physical danger;
- Being compelled to work in an unsafe, risky, or unhealthy environment;
- Unclean or unsafe working or living conditions in a space provided by an employer;
- Sexual touch without your consent;
- Recipient of sexual comments;
- Being a victim of a behavior that prevents you from going somewhere;
- If your employer steals your things;
- Preventing you from mingling with your family or colleagues;
- Taking away money from you or the money you received as payment;
- Any act that threatens, insults, or scares you;
- If an employer instigates you to take part in fraudulent activities;
- If a third party commits impossible promises or asks you to pay money on the pretext of offering a job.
Holders of a temporary resident visa, regardless of their LMIA requirement, OWP, or study permit, candidates who are working in Canada must understand that they possess the labor rights and privileges equivalent to Canadian PR and citizenship holders.
Candidates must also check the lists of employers who have violated the obligations when recruiting a temporary foreign worker via the Temporary Foreign Worker Program or the IMP. They can search the list on the government’s directory on the internet.
The process of an Open Work Permit application for vulnerable workers
Keep the following points in mind while you apply for an Open Work Permit:
- Ensure that you have all the necessary things while applying. You must have a camera or scanner to get the photocopies of the documents you submit.
- Carefully go through the instruction guide before the completion of your application. This guide will help you understand the process of completing each field within the application.
- Make sure you have document proof to attach to your application. You must attach a letter with your application explaining the entire situation you’re experiencing. It must clearly talk about the threat you’re facing at your workplace. You must access the digital form available to simplify this process.
Evidence Requirement
Additionally, applicants must submit any other proof available to demonstrate the abuse they might face. You might include the following types of evidence with your application:
- A report, letter, or statement from an organization supporting abuse victims. You could get these from other medical doctors, healthcare specialists, etc.
- A self-claimed affidavit or a sworn statement.
- A digital copy of a formal report submitted by you to an enforcement agency, including the Canada Border Services Agency or police.
- A proper copy of your official complaint made to the enforcement agency of the provincial government. For example, an employment standards branch.
- Email or text messages, pay stubs, bank statements, etc.
- Photographs reflecting on your injuries due to the workplace or working conditions.
- A visual impact statement and witness testimony.
These above-mentioned abuses and the evidence are only a few instances. However, candidates are free to provide other evidence related to their respective circumstances. Additionally, if they are unable to upload all the relevant documents online, they can mention this in their letter of explanation.
Are you looking for more information on the Open Work Permit application process? Clarify all your doubts with our Make Home Canada expert guides through their years of knowledge in this field. Email us your queries at [email protected].
