Flexibility at Work: Open Work Permits in Canada
An Open Work Permit in Canada is a permit that permits a foreign national to work for any employer in Canada, unlike standard work permits which require the worker to stick to a specific employer. Further, a Labor Market Impact Assessment (LMIA) is not required to obtain an Open Work Permit. This permit provides flexibility to immigrants to explore various employment opportunities available in Canada.
Open Work Permits in Canada are beneficial for various individuals who wish to work in Canada without being restricted to a specific employer. Below are examples of different scenarios where individuals might secure Open Work Permits:
Post-Graduation Work Permit (PGWP)
International students who have completed a program of study at a designated learning institution in Canada can apply for an Open Work Permit under the PGWP Program. This permit allows graduates to work for any employer in Canada and gain valuable Canadian work experience.
Spousal Open Work Permit
The spouses or the common-law partners of temporary foreign workers or international students can obtain an Open Work Permit to work in Canada. This permit allows spouses to work in any occupation, even while their partner is studying or working in Canada under a different type of permit.
Bridging Open Work Permit
This is an option for foreign nationals who have applied for permanent residence in Canada, and whose current temporary resident status is about to expire. This permit allows them to keep working while they wait for a final decision on their permanent residence application.
International Experience Canada (IEC)
Under the IEC program, young people from countries with a “Bilateral youth mobility agreement” with Canada have an opportunity to work in Canada. This program usually offers Open Work Permits, allowing participants to work for any employer in Canada.
Humanitarian Grounds
In certain exceptional cases, individuals in Canada who are out of status but are also applicants for humanitarian and compassionate considerations might be granted an Open Work Permit while their application is under review.
Refugee Claimants
Refugee Claimants in Canada might be eligible to apply for an Open Work Permit while awaiting the final determination of their claim.
Vulnerable Workers
Temporary Foreign Workers in an abusive job situation could be eligible for an Open Work Permit, which can offer them a chance to leave that employer and look for a different job in Canada.
Temporary Resident Permit Holders
People who are in Canada with a Temporary Resident Permit (TRP) may be eligible for an Open Work Permit if their stay is found to be justified.
Eligibility
Typically, the following individuals may be eligible for an Open Work Permit:
- International students who have graduated from a designated learning institution in Canada and are eligible for the Post-Graduation Work Permit Program.
- Spouses and common-law partners of skilled workers or international students.
- Refugees, refugee claimants, and their family members.
- Temporary Resident Permit holders.
- Young workers participating in special programs under International Experience Canada.
- Individuals whose permanent residency applications are being processed from within Canada.
Application Process
- Check Eligibility: Ensuring that the applicants meet the eligibility criteria is essential for obtaining an open work permit.
- Gather Necessary Documents: Documents such as passports, proof of employment, and other identity and background documents are required.
- Application Submission: Applications can generally be submitted online through the Canadian immigration website, but in some cases, a paper application may be necessary.
- Pay Fees: Applicants need to pay the applicable fees which may vary depending on individual circumstances.
- Await Processing: Once submitted, applications undergo processing, which may involve additional documentation or clarification requests from immigration officers.
- Receive Decision: After processing, applicants will receive a decision. If approved, they can proceed to work in Canada under the stipulations of the Open Work Permit.
Processing Time and Fees
The processing time and fees can vary, depending on the applicant’s country of residence, the accuracy and completeness of the application, and the processing times at the Canadian immigration offices. Click here to check the current processing time.
Renewal
Open work permits can be renewed before they expire if the applicant is eligible for a renewal. It is crucial to apply for renewal at least 30 days before the permit expires to maintain legal status in Canada.
Important Considerations
The Open Work Permit in Canada is a valuable instrument for foreign nationals seeking to explore diverse employment opportunities in the country. It provides flexibility and allows individuals to experience the Canadian labor market while potentially paving the way for permanent residency. Applicants should diligently follow the application process, ensure all documentation is accurate, and stay informed about the latest immigration policies and regulations from reliable sources.
FAQs about Open Work Permits
What is the difference between an open work permit and a closed work permit?
An Open Work Permit allows foreign nationals to work for any employer in Canada, whereas a Closed or Employer-specific Work Permit restricts the holder to work only for the specified employer.
Can I apply for a Permanent Residency (PR) with an open work permit?
While an Open Work Permit itself does not grant PR status, it may assist individuals in acquiring Canadian work experience, which can be advantageous when applying for PR through various immigration programs.
Can I bring my family with me on an open work permit?
Yes, spouses and dependent children can accompany an open work permit holder. Spouses may also be eligible to apply for their open work permit, and children can study in Canadian schools.
How long does it take to process an open work permit application?
Processing times vary depending on the type of open work permit, the applicant’s country of residence, and the completeness of the application. Check here.
Can I renew my open work permit?
Yes, it is possible to renew an open work permit, but the renewal application should be submitted at least 30 days before the current permit expires.
Do I need a job offer to apply for an open work permit?
No, a job offer is not required to apply for an open work permit, allowing individuals to seek employment with any employer once they are in Canada.
Can I study in Canada with an open work permit?
An Open Work Permit allows you to work in Canada, but if you wish to study, you will typically need to apply for a Study Permit.
Is a medical examination required for an open work permit?
Depending on the applicant’s circumstances and the countries they have lived in before coming to Canada, a medical examination may be required.
What are the fees for an open work permit?
Fees can vary, and applicants should refer to the official IRCC website for the most up-to-date fee structure.
Can I apply for an open work permit from outside Canada?
Yes, you can apply from outside Canada, but eligibility and requirements may differ, so it is crucial to refer to the official guidelines provided by the Canadian government.
Is it possible to change employers with an open work permit?
Yes, one of the advantages of an Open Work Permit is that it allows the holder to change employers without the need for a new work permit.
Can I run my own business with an open work permit?
Generally, open work permit holders can start a business in Canada as it allows for employment in most fields and regions. However, certain provinces may have specific regulations regarding starting a business, so it’s wise to consult local laws and possibly seek legal counsel.