Everything You Need to Know About Open Work Permits in Canada

An Open Work Permit (OWP) allows foreign nationals to work for any employer in Canada and in most occupations without requiring a specific job offer at the time of application. Unlike an employer-specific work permit, which ties you to one employer, an OWP provides greater flexibility, allowing you to change jobs or work in multiple different jobs if you want to. This type of work permit is particularly beneficial for those seeking employment opportunities across different regions or sectors.

However, it’s important to note that while an Open work permit Canada allows you to work for any employer, there are still some restrictions. For instance, you cannot work for an employer who is ineligible due to non-compliance with Canadian regulations, or engage in work in the sex trade. There will also be occupation specific restrictions applied to most open work permits, so you are restricted from working in health care, education or agriculture unless you have taken an immigration medical exam.

Open work permits are also not available to anyone who simply wants one. Can you imagine if anyone in the world could just obtain an open work permit because they wanted to work in Canada? There would be far more people coming than Canada could accommodate. So while it is possible to obtain an open work permit, it’s important to remember that they are available to individuals in specific instances only.

The eligibility requirements for obtaining an Open Work Permit Canada vary depending on your specific circumstances. Below are general eligibility criteria you must meet.

• Qualify for the Open Work permit: You must qualify for the open work permit. There are only specific instances when an individual will qualify for an open work permit – more details on that are listed below.
• Intent to Leave: You must prove to an immigration officer that you will leave Canada when your work permit expires.
• Financial Sufficiency: You must show that you have enough money to support yourself and your family members during your stay in Canada and to return home.
• Legal Compliance: You must obey the law and have no record of criminal activity. You may be required to provide a police clearance certificate.
• Security: You must not be a danger to Canada’s security.
• Health: You must be in good health and undergo a medical exam if required.
• Employer Restrictions: You must not plan to work for an employer listed as “ineligible” on the list of non-compliant employers or in the sex trade.
• Additional Documentation: You must provide any other documents requested by the officer to prove your eligibility to enter Canada.

Eligibility requirements can vary depending on the specific type of open work permit you’re applying for, so it’s crucial to understand the requirements for your particular situation.

Canada offers two primary types of Open Work Permits, each with specific conditions and restrictions:

• Unrestricted Open Work Permit:
• Allows the holder to work for any employer, in any location, and in any occupation.
• Is issued to applicants who have passed an immigration medical examination to prove that they don’t have a medical condition that is a danger to the public.
• Restricted Open Work Permit:
• May limit the occupation or location where the holder can work.
• Typically issued to applicants who have not taken a medical, or who have location specific restrictions like Provincial Nominees who are waiting for their Permanent Residence application to be processed. 

Canada offers various types of Open Work Permits, each with unique eligibility criteria:

Open Work permit for Spouses or Common-Law Partners of Study Permit Holders:

Available to spouses or common-law partners of full-time study permit holders, including:

• Full-time students in graduate programs (master’s and doctorate).
• Full-time students participating in eligible pilot programs administered by a province or territory.
• Full-time students in professional degree programs at a university (e.g., medicine, dentistry, law).
• Spouses or common-law partners extending their work permit based on being the spouse of a full-time student eligible for a Post-Graduation Work Permit (PGWP).
  

Post-Graduation Work Permit (PGWP):

For international students who have completed a program at a designated learning institution (DLI) in Canada. To be eligible, the international student must have:

• Not previously held a PGWP.
• Had a valid study permit within 180 days before applying for a PGWP.
• Graduated from an eligible Designated Learning Institution (DLI) and program that was at least 8 months long and obtained a degree, diploma, or certificate.
• Maintained full-time student status during their program, with exceptions for specific circumstances.
• Received confirmation of program completion from the DLI, such as a transcript or official letter.
• Applied for the PGWP within 180 days of receiving confirmation of completion.
  

Bridging Open Work Permit (BOWP):

For individuals who have applied for permanent residence and have received their Acknowledgment of Receipt (AOR) or Approved in Principle (AIP) and need to maintain their status while awaiting a decision on their application. More details about who is eligible for a
Bridging Open Work permit can be found in a separate post.

International Experience Canada (IEC):

Includes categories such as the Working Holiday Visa, which allows young people from participating countries to work and travel in Canada. More details about the IEC program and
Working Holiday visas can be found in a separate post.

Humanitarian and Compassionate Open Work Permit:

For individuals in special situations seeking work permits based on humanitarian grounds, such as destitute study permit holders facing a temporary inability to support themselves due to uncontrollable circumstances, or a Temporary Resident Permit holder (TRP) for the duration of the TRP.

Open Work Permit for Family Members of High-Skilled Workers:

Spouses, common law partners, and dependent children of foreign nationals working in high-skilled occupations (TEER 0, 1, 2, or 3) under the International Mobility Program (IMP). The principal must hold a valid work permit or provisional approval if the family members are not applying at the same time as the high skilled worker.

Open Work Permit for Family Members of Low-Skilled Workers:

Spouses, common law partners, and dependent children of foreign nationals working in low-skilled occupations (TEER 4 or 5) under the IMP. The principal must have a valid work permit or provisional approval for at least six months, if the family members are not applying together with the low-skilled worker.

Spouse or Common-Law Partner of Permanent Residents (SCLPC) and Family Class Applicants:

Spouses, common law partners, or dependent children of individuals who are being sponsored for Permanent Residence by their Canadian spouse or partner can apply for an Open Work permit once the AOR is received for the PR sponsorship file, as long as they are living in Canada with the sponsor. More details about
open work permit for sponsored spouses can be found in a separate post.

Open Work Permits for Vulnerable Workers:

For migrant workers in Canada with employer-specific work permits who are experiencing or at risk of abuse in their employment. The Vulnerable Open Work permit allows them to leave abusive work situations and find new employment without requiring a Labour Market Impact Assessment (LMIA). It is intended to protect workers from further exploitation and support their transition to safer employment environments. Family members of these vulnerable workers may also be eligible for open work permits under specific conditions.

• Determine Your Eligibility
• Before applying, confirm that you meet the eligibility criteria for the type of Open Work Permit you want. For most open work permits, a job offer is not required, but each category of permit has it’s own specific evidence that is required to demonstrate your eligibility.
• Gather the Required Documents
• Collect the necessary documents, which may include:
• A valid passport.
• Recent photographs.
• Proof of status in Canada, if applicable.
• Supporting documents such as a graduation certificate, marriage certificate, proof of relationship, proof of hardship, etc. The necessary documents will vary depending on the category of open work permit you are applying for.
• Complete the Application Form and pay the Fees
• The work permit processing fee is CAD $255, which includes CAD $155 for the application fee and CAD $100 for the open work permit holder fee.
• Wait for Processing
• Processing times vary based on factors such as the volume of applications and the applicant’s location. Typically, processing times for applications submitted from inside Canada are between 3-5 months. Processing times for applications that are submitted overseas will vary depending on which visa post is handling the file.

The validity of an open work permit depends on the category of open work permit you are eligible for. Some of the most common types of open work permits and their validity are:

• Open work permit for spouse or common law partner of study permit holder, or worker – validity will match your spouse or common law partner’s permit
• Bridging Open work permit – validity is normally two years for the first permit, and extensions of one year are possible if your application for Permanent Residence takes longer to process
• IEC or Working Holiday permit – validity is between 6 months to 2 years, depending on your country of origin
• Sponsored Spouse or Common Law Partner open work permit – validity is for 2 years
• Vulnerable Open Work Permit – validity is for 1 year

No, an
LMIA is not required for an open work permit. An LMIA is required to obtain an employer specific work permit – whereby the name of the employer, the job title and the location of work is noted on the work permit. An open work permit has none of these details included and allows you to work for almost any employer in Canada.

It is possible to apply for Permanent Residence with an open work permit, if you are otherwise eligible for the PR program you are targetting. Skilled work experience gained with an open work permit counts towards Canadian work experience for Express Entry, as long as you are not using the open work permit to be self-employed. However, some Provincial Nominee Programs do not accept applicants with certain types of open work permits.

Yes, if you have an open work permit, you can open a business and become self-employed. However, it is important to keep in mind that self-employment often hurts your chances to apply for Permanent Residence.
Self-employed work experience does not count for Canadian work experience under Express Entry, and is not eligible for most
Provincial Nominee programs.

A standard work permit in Canada usually contains details regarding the employer, job and location that the holder is authorized to work in. Typically a Canadian employer has made a job offer to a foreign national, and obtained permission from the Canadian government to hire the foreign worker. 

An open work permit usually does not restrict the holder to any specific employer, job title, or location. An open work permit provides greater flexibility to allow the foreign national to change jobs. The Canadian employer does not need to obtain any permission in advance to hire a foreign worker with an open work permit.

An
Open Work Permit is a versatile option for many foreign nationals aiming to work in Canada. With the ability to work for any employer and the flexibility to switch jobs, an OWP can be a significant step in advancing your career in Canada, and eventually obtaining Permanent Residence. By understanding the eligibility requirements, application process, and available types of open work permits, you can navigate the process effectively. Whether you’re a spouse of a Canadian citizen, an international student, or a temporary foreign worker, an Open Work Permit can provide you with the opportunity to build a future in Canada. 

At The Way Immigration, we have been helping our clients obtain work permits for Canada since 2008. Contact
Calgary’s best immigration consulting firm to ensure Canadian immigration success for you and your family.