Temporary foreign workers who are currently in Canada and have a valid employer-specific (closed) work permit (or maintained status after applying to extend it) and are experiencing or are at risk of experiencing workplace abuse may be eligible to apply for an Open Work Permit for Vulnerable Workers. It allows eligible workers to leave an abusive workplace and work for almost any employer in Canada while maintaining their legal status. The application process for the permit is completed online. It requires the applicants to provide information about their situation along with any available supporting evidence. Read further to know about the required documents, the application steps, and also about submitting evidence to access the protection for eligible vulnerable temporary foreign workers.
You can apply for the Vulnerable Workers Open Work Permit online through the IRCC portal. Applications cannot be submitted at a Canadian port of entry, and there is no application fee.
The first step is to gather and keep the required documents ready. The documents have to be clearly scanned.
You must read the application guide before completing the forms so as to avoid mistakes.
In this step of applying to Open Work Permit for workers facing abuse in Canada, include details about your situation and the abuse you are facing or are at risk of facing. You can strengthen your application by submitting the Letter of Explanation – Open Work Permit for Vulnerable Workers (IMM 0017) along with any supporting documents.
You can submit evidence of the abuse such as:
Note: It is necessary to upload a table of contents outlining all the documents and evidence you have provided.
Upload your letter of explanation and supporting evidence in the Client Information field under Optional Documents. All the documents required for an Open Work Permit in Canada, including the table of contents and translations, must be combined into a single file before uploading.
If you are unable to upload all evidence due to technical issues, then you can give the explanation for the missing document in your letter of explanation. If IRCC requests it evidence can be submitted later. Documents that are not in English or French must be translated by a certified translator. The translations must include the translator’s certification details like a seal or stamp with the membership number. If the stamps and seals are not in English or French they should also be translated.
An affidavit confirms that a translated document is accurate and matches the original text. The translator has to swear before an authorized official that the translation is correct.
In Canada - A notary public, commissioner of oaths or commissioner of taking affidavits.
Outside Canada - A notary public or equivalent authorized official.
Note: The commissioner or notary public must be able to administer the oath in English or French.
An affidavit cannot be taken by the applicant or any family members of the applicant even if they are a lawyer, notary, or authorized translator.
Certified Photocopy – This copy of the original document must be verified as a true copy by an authorized person. The certification must include their name, signature, position or title, date, and a statement confirming it is a true copy.
The authorized person, after comparing it with the original, has to add their name, signature, position or title, name of the original document, certification date, and a statement confirming it is a true copy.
In Canada - A notary public, commissioner of oaths or commissioner of taking affidavits. (To confirm, check with your provincial or territorial authorities).
Outside Canada - You must verify with the local authorities (certification rules vary by country). You and your family members cannot certify your documents.
Create or sign in to your online account to submit an application, upload documents, and track the status of your application.
Once you have signed in to your IRCC account select "Apply to come to Canada" under the "Start an application" section. You must select Visitor visa, study and/or work permit. Then you have to complete the online questionnaire as follows:
Biometrics: Canada work permit application mostly requires the applicant to provide the biometrics. However, a vulnerable worker applicant is generally exempt from it. If biometrics is required, IRCC will notify you after you apply.
While applying for Canada Open Work Permit, you must provide whether you have given your biometrics previously or not and also select the fee exemption option. Once the questionnaire is complete, you will receive your document checklist, including Form IMM 5710, which must be completed as part of your application.
You may submit a paper application for Vulnerable Workers Open Work Permit in an instance of disability or a technical issue preventing you from applying online.
Open Work Permit for Vulnerable Workers in Canada provides an important pathway for temporary foreign workers to leave unsafe or abusive workplaces and continue working legally in Canada. ImmiLaw Immigration, Canada Immigration Lawyers can guide you through eligibility, documentation, and submission, ensuring your application is complete and accurate and supporting you all throughout the process.
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