You can apply for an open work permit for vulnerable workers if you’re in an abusive situation or at risk of being abused in relation to your job in Canada. Though this work permit is temporary it will give you enough time to seek a new employer or apply for a new work permit.

The open work permit lets you work for almost any kind of employer in Canada except that: 

• is listed as ineligible on the list of employers who have failed to comply with the conditions or
• regularly offers striptease, erotic dance, escort services, or erotic massages

It also helps protect your rights as a worker in Canada by helping you leave an abusive situation to find a new job or work. However, it’s a temporary solution and 

• has an expiry date, and
• can’t be renewed

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Who is eligible for it?

You will be eligible to apply if you are

• are inside Canada
• applications made at a port of entry won’t be accepted
• have a valid employer-specific work permit
• this is a work permit that has your employer’s name on it and isn’t expired (or you applied to extend it before it expired)
• are being abused or at risk of being abused in relation to your job in Canada

The family member who lives in Canada is also eligible to apply.

Various types of evidence

Evidence may include the following:

• a letter, statement, or report from an abuse support organization, medical doctor, health care professional, etc.
• a sworn statement, also known as an affidavit, from yourself
• a copy of an official report you submitted to an enforcement agency, such as the police or Canada Border Services Agency report
• a copy of an official complaint submitted to a provincial government enforcement agency, such as an employment standards branch
• a victim impact statement
• email or text messages
• pay stubs or bank statements
• photos showing injuries or working conditions
• witness testimony

Also, you should also include as much evidence as you can with your application.

What are the abuses?

The abuse may be any kind of behavior that scares, controls, or isolates you could be abused. Abuse can be physical, sexual, financial, or mental.

Some Examples of abuse that you should be included in your application report:

• physical harm
• forcing you to work in a way that’s unsafe or puts your health at risk
• unsafe or unsanitary living conditions in employer-provided housing
• sexual touching that you did not agree to
• making unwanted sexual comments to you
• controlling where you can go
• stealing from you
• stopping you from seeing friends or co-workers
• taking some or all of the money you are paid
• threats, insults, and intimidation
• forcing you to commit fraud
• a third party charging you fees for a job or making promises that aren’t real

If you are a migration worker and have applied for an open work permit for vulnerable workers under section R207.1 are not required to obtain an LMIA or offer of employment.

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To know more details about the application process for the open work permit for vulnerable workers, you can contact one of our immigration specialists at Gunness & Associates.

Tel: (416) 604-2669

Email: info@immigrationmatters.info

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