Open Work Permit

Open work permits are a vital component of Canada’s immigration system, allowing foreign nationals to work in the country without being tied to a specific employer or job. Unlike employer-specific work permits, which require the worker to work for a designated employer, open work permits provide flexibility and freedom for workers. These permits allow individuals to work for any employer, in any occupation, and often serve as a means for individuals to establish themselves in Canada while pursuing permanent residency or other long-term immigration goals.

What is an Open Work Permit?

An open work permit is a type of work permit issued by Immigration, Refugees, and Citizenship Canada (IRCC) that allows foreign nationals to work for any Canadian employer, with some exceptions. Unlike employer-specific work permits, which restrict the worker to a single employer, open work permits provide greater mobility and choice. They can be a temporary solution for people in various stages of the immigration process or for individuals with specific family ties or other qualifying circumstances.

Types of Open Work Permits

There are several types of open work permits available, each catering to different groups of applicants. While they all offer the flexibility of working for any employer in Canada, the eligibility requirements, conditions, and benefits may vary depending on the specific program under which they are issued. Below are some of the most common types of open work permits:

1. Spousal Open Work Permits

Spousal open work permits (OSWP) are issued to individuals who are the spouses or common-law partners of skilled workers, international students, or applicants in certain immigration programs. These permits allow spouses and common-law partners to work in Canada while they accompany their partner who holds a valid work or study permit.

For example, if a foreign national comes to Canada as a skilled worker or study permit, their spouse or common-law partner may be eligible for an open work permit. This ensures that the spouse can work in Canada and support themselves financially while the main applicant pursues their studies or job. You can also apply for an open spousal work permit if you submit an inland spousal sponsorship application.

To qualify for a spousal open work permit, the applicant must typically demonstrate that they are legally married or in a common-law relationship, and the main applicant must hold a valid work or study permit.

2. Post-Graduation Work Permits (PGWP)

One of the most common open work permits is the Post-Graduation Work Permit (PGWP), which allows international students who have completed a program of study at a recognized post-secondary institution in Canada to stay and work in the country. This work permit is an essential step for many international students who want to gain Canadian work experience after graduation, as it can significantly improve their chances of applying for permanent residency.

A Post-Graduation Work Permit (PGWP) is open in the sense that the holder can work for any employer and in any occupation. However, the eligibility for the Post-Graduation Work Permit (PGWP) depends on the length of the program of study. Generally, the work permit will be issued for a period that corresponds to the length of the program completed, up to a maximum of three years.

To be eligible for a Post-Graduation Work Permit (PGWP), the applicant must have studied full-time at an eligible Canadian post-secondary institution and completed a program that is at least eight months in duration. The application for a Post-Graduation Work Permit (PGWP) must be submitted within 180 days of receiving the final transcript or official letter confirming completion of the program.

Starting March 19, 2024, the eligibility criteria for the Spousal Open Work Permit (SOWP) in Canada have been updated, particularly affecting the spouses of international students. The new rules limit the eligibility to those whose student spouses are enrolled in specific programs. To qualify for a Spousal Open Work Permit, the international student must be enrolled in one of the following:

• A master’s or doctoral degree program at a university or polytechnic institution.
• A professional degree program such as:
  • Doctor of Dental Surgery (DDS, DMD)
  • Juris Doctor or Bachelor of Law (LLB, JD, BCL)
  • Doctor of Medicine (MD)
  • Doctor of Pharmacy (PharmD)
  • Doctor of Optometry (OD)
  • Veterinary Medicine Doctor (DVM)
  • Bachelor of Science in Nursing (BScN, BSN, BNSc)
  • Bachelor of Education (B. Ed.)
  • Bachelor of Engineering (B. Eng., BE, BASc)

This updated approach reflects Canada’s focus on attracting international students in fields crucial to its economic development. The spouse must also provide proof of enrollment in the qualifying program. If applying before March 19, 2024, previous criteria apply​.

This change is a shift from the previous universal approach, emphasizing the alignment of a student’s program with Canada’s labor market needs.

3. Open Work Permits for Refugees and Protected Persons

Individuals who have been granted refugee status or protection in Canada are eligible to apply for an open work permit. This is a critical part of the resettlement process for refugees, allowing them to earn a living while they await their permanent residency application or until they establish themselves in Canada.

Once an individual is recognized as a protected person in Canada, they can apply for an open work permit, which enables them to work for any employer across the country without being restricted to a specific job or location. In some cases, refugees or protected persons may receive a work permit automatically as part of their refugee status determination.

4. International Mobility Program (IMP)

Under the International Mobility Program, certain foreign workers are eligible for an open work permit. This program allows individuals to work in Canada without the need for a Labor Market Impact Assessment (LMIA), which is typically required for employer-specific work permits. The International Mobility Program is designed for individuals who are coming to Canada under specific conditions, such as:

• Significant Benefit Workers: Foreign nationals who will provide a significant benefit to Canada in areas like culture, economics, or academics may be eligible for an open work permit. For instance, those coming to contribute to the Canadian arts scene or to participate in high-level conferences may be granted open work permits under the International Mobility Program.
• Young Workers under International Agreements: Canada has agreements with various countries, such as the International Experience Canada (IEC) program, which allows young individuals (typically aged 18-35) to work in Canada for up to two years. These programs issue open work permits, allowing participants to work for any employer in Canada.

5. Bridging Open Work Permits (BOWP)

A Bridging Open Work Permit (BOWP) is an essential option for individuals who are in the process of applying for permanent residency in Canada. If an individual’s work permit is about to expire while their permanent residency application is still being processed, they may apply for a Bridging Open Work Permit (BOWP) to continue working in Canada until a decision is made on their application.

The Bridging Open Work Permit (BOWP) allows the individual to work for any employer while they wait for their permanent residency application to be finalized. It is typically available for those who have applied for permanent residency under the Express Entry system (Federal Skilled Worker, Canadian Experience Class, or Federal Skilled Trades Program), or for certain provincial nominee programs (PNPs).

The applicant must meet specific eligibility criteria, such as having a valid temporary resident status and being the principal applicant on a pending permanent residency application.

6. Open Work Permits for Temporary Residents in Canada

Certain temporary residents who meet specific eligibility criteria can apply for an open work permit. This category includes individuals who are in Canada on visitor visas or other temporary permits but who wish to transition to work in Canada. For example, individuals who are already in Canada on a visitor visa may be eligible for an open work permit if they receive a job offer from a Canadian employer and meet the necessary conditions set by Immigration, Refugees, and Citizenship Canada.

This category can be particularly helpful for foreign nationals who are already in Canada and want to change their status without having to leave the country to apply for a work permit from abroad.

Application Process for Open Work Permits

The process for applying for an open work permit varies depending on the specific category, but generally, it involves submitting an application through Immigration, Refugees, and Citizenship Canada . Applicants are required to provide:

• Proof of eligibility, such as a marriage certificate for spousal open work permits or a letter of acceptance from a Canadian educational institution for a Post-Graduation Work Permit.
• Supporting documents, including a job offer if applicable, medical exams, and police certificates, depending on the situation.
• A valid passport or travel document.
• Proof of financial support, if necessary, to show that the applicant can support themselves during their time in Canada.

Applications can be made either online or via a paper submission, though online applications are often faster. Applicants should ensure that all documentation is accurate and complete to avoid delays in processing.

Conclusion

Open work permits are a flexible and valuable option for many foreign nationals seeking to work in Canada. Whether for international students looking to stay and gain work experience, spouses of temporary workers or students, refugees seeking to integrate into Canadian society, or individuals applying for permanent residency, open work permits offer the flexibility to work for any employer without being tied to a specific job. Understanding the different types of open work permits and their eligibility requirements is essential for individuals planning to live and work in Canada, as it can lead to valuable experience and opportunities for long-term settlement in the country.

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