Open Work Permit Eligibility

Open Work Permit

The applicant of an Open Work Permit can work for any Canadian employer, without having an offer of employment. This permit is not job-specific meaning you can work for any employer in Canada and the employer does not need to go through a Labour Market Impact Assessment (LMIA) . This is good news as obtaining a Positive LMIA from Employment and Social Development Canada (ESDC) is not easy. The foreign worker can apply for the Open Work Permit from inside or outside of Canada or at Canadian port of entry. Another advantage to Open Work Permit is that the employer does not need to pay the employer compliance fee which is around $1000 CAD. There are some Open Work Permits that may restrict the foreign worker on where to work or what type of job they can work at. Find out below if qualify for an Open Work Permit.

Who can apply for Open Work Permit?

• Foreign applicants that have no other means of support such as refugee claimants, persons that have an unforeseen removal order. These persons must prove to the immigration officer that they are unable to support themselves financially to be considered.
• Certain Permanent resident applicants- such spouses or common-law partners for example if you came on a temporary status (visitor visa, study permit or work permit) then applied for inland spousal application your spouse is eligible to apply for open work permit.
• Foreign nationals that are in Canada due to humanitarian reasons, for example if you came as an international student and you cannot afford to pay your tuition fees only through on campus work you may eligible for the open work permit. The open work permit that is only granted until the period of your study is completed.
• Some international programs that participate in foreign exchange programs
• Spouses of international students
• Spouses of skilled workers in Canada
• Professional athletes entering Canada who require other work to support themselves while playing for a Canadian team
• If you are military personnel your family members may eligible if you are exempt from LMIA
• If your work permit is expiring soon and you applied for permanent residence under of the economic classes: The Federal Skilled Worker Program (FSWP), The Canadian Experience Class (CEC), A Provincial Nominee Program (PNP), The Federal Skilled Trades Program (FSTP) and you must meet the requirements under the program to be eligible for the Open Work Permit.

Two Types of Open Work Permit

Two types of Open Work Permit exist which include occupation restricted open work permits and unrestricted open work permits. If you have an unrestricted open work permit, as the foreign worker you can for any job, any employer and in location.

The unrestricted Open Work Permit:

The unrestricted open work permit will be granted to eligible foreign worker as long as the pass the medical examination. You may still potentially be given the unrestricted open work permit, if you failed the medical exam, have no other means to support yourself financially or if you applied for permanent residence through either spousal/ common law sponsorship or a live in caregiver that has applied for permanent residence application meeting the requirements of the application.

Occupation Restricted Open Work Permit

Under an occupation restricted open permit, the foreign applicant can work for any employer but the job the foreign worker will perform will be specified. Usually, these restrictions are for persons that have not completed the medical exams or failed the medical exams. If your occupation is related to health then mostly likely you will not be allowed to work for that job.

If the foreign worker meets the requirements for the occupation restricted open work permit and they are from a country that Does Not Require Medical Exam you will not be allowed to work in childcare, primary or secondary teaching or health services.

If the foreign worker meets the requirements for the occupation restricted open work permit and Requires a Medical Exam, he/she will not be allowed to work in childcare, primary or secondary school teaching, health services or Farming.

Are There any Conditions on my Work Permit?

There may potentially be some conditions on your work permit which can be found directly on the work permit. Some of these conditions can include:

• What type of work you can do
• The employer you can work for
• Where you can work
• How long you can work

If there is no specific conditions on your work permit there still may be standard conditions on your work permit such as not working for an employer that is engaged in a business of sexual exploitation. Some examples include:

• Strip clubs
• Massage parlours
• Escort agencies

And as the work permit holder you must ensure to exit at the end of your authorized stay. For example if you applied for permanent residency application got refused you must leave the country when you get notice.

Can Post Graduate Students apply for Open Work Permit?

If you are international student and finished your program of study you can apply for the Open Work Permit through the Post-Graduation Work Permit Program. To be eligible under for the Open Work Permit as the international student you must meet the requirements under Post Graduation Work Permit Program.

My Open Work got Refused can I get Refund?

Citizenship and Immigration Canada will send you a refund of the open work permit holder fee; however you are not eligible for a refund of the work permit processing fee. As the applicant you do not have to do anything the government will send back your money.

Contact Akrami & Associates

Like to work in Canada not sure if qualify for Open Work Permit or if you have to go through a Labour Market Impact Assessment or if your job exempt from the Work Permit then contact our office at 416-477-2545. Akrami & Associates has submitted many success work permit application ranging opened to closed work permits. Many times applicants apply for a work permit they do not qualify or their supporting documents are not strong enough. For higher chance of success with your immigration application then call us today!!

With Akrami & Associates there is always a way!!