Do you qualify under this category? If you do, follow the steps below to apply for an open work permit under this category.
Migrant workers who have applied for a renewal of their employer-specific work permit or migrant workers in Canada who currently hold a valid LMIA-required work permit who are experiencing abuse, or who are at risk of abuse, in the context of their employment in Canada may benefit from this measure.
The following lists the reasons for creating this provision:
1. To provide migrant workers who are experiencing abuse, or who are at risk of abuse, with a distinct means to leave their employer.
2. To mitigate the risk of migrant workers in Canada who are leaving their job and working irregularly (that is, without authorization) as a result of abusive situations.
3. To facilitate the participation of migrant workers who are experiencing abuse, or who are at risk of abuse, in any relevant inspection of their former employer, recruiter or both.
4. To help migrant workers in assisting authorities, if required (noting that this is not required for the issuance of the open work permit), by reducing the perceived risk and fear of work permit revocation and removal from Canada.
Now let’s take a look at some examples of abuse or risk of abuse in the context of employment. Do you experience any of these?
1. The employer, recruiter or both have coerced the migrant worker into paying job placement and recruitment fees.
2. The migrant worker is repeatedly harassed (for example, unwanted physical or verbal behaviour that is offending or humiliating) by a co-worker in their workplace.
3. The migrant worker is threatened by their employer if they complain about their work conditions.
4. The migrant worker has exited an abusive situation but would be at risk of abuse if they returned.
5. Forcing or pressuring the migrant worker to perform work that contravenes the conditions of their work permit (for example, working for a different employer than stated on the permit or performing different job duties), recognizing that this jeopardizes a worker’s status in Canada, is a form of coerced engagement in illegal activity, and may be accompanied by or enable further threats, intimidation and abuse.
6. The migrant worker may not be directly experiencing abuse but may be in a situation where their co-workers are being abused by their employer, putting them at risk of experiencing an abusive situation.
Now if you are a victim of this abuse, you can apply for an Open Work Permit in situations of Abuse
Here is the Official link from the IRCC:
Step 1: Make sure you have what you need. To apply online, you’ll need a scanner or camera to create electronic copies of your documents.
Step 2: Read the instruction guide. Even if you apply online, you should read the instruction guide before you complete your application. The guide will explain how to complete each field on the form
Step 3: Support your application with evidence. To support your application, include as much evidence as you can with your application. You can upload documents as evidence in the “Client Information” field under “Optional Documents”. Again visit this link for more information related to this. https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/vulnerable-workers.html
Step 4: Create your online account or sign in. You need an account to apply online
Create an Account here: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/account.html
Step 5: Get to the application
After you sign in to your account, follow the steps to get to the application by going to this link: https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/vulnerable-workers.html
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