Open Work Permit

An Open Work Permit is a type of work permit that allows a foreign national to work in Canada for any employer, in almost any job, without the need for a specific job offer or a Labour Market Impact Assessment (LMIA). Unlike a Closed Work Permit, which ties the worker to a single employer, an Open Work Permit offers flexibility and freedom, enabling the permit holder to change employers, locations, or job positions while the permit is valid. This type of permit is ideal for individuals who want to gain Canadian work experience, explore different employment opportunities, or accompany their spouse or partner who is studying or working in Canada.

Open Work Permits are generally issued under special programs or situations, and they are a vital tool for enabling foreign nationals to enter and participate in the Canadian labor market. While an Open Work Permit does not directly lead to permanent residency, the Canadian work experience gained while holding the permit can significantly strengthen a future immigration application under various programs, such as Express Entry or Provincial Nominee Programs (PNPs).

Key Features of an Open Work Permit

An Open Work Permit provides several unique advantages and characteristics that differentiate it from other types of work permits:

• Freedom to Work for Any Employer: The permit holder can work for any Canadian employer except for employers listed as ineligible or those involved in activities like striptease, erotic dance, escort services, or erotic massages.
• No Job Offer or LMIA Required: Unlike a Closed Work Permit, an Open Work Permit does not require the applicant to have a job offer or obtain a Labour Market Impact Assessment (LMIA) from an employer.
• Valid for Multiple Jobs and Locations: The permit holder can work in multiple jobs or locations throughout Canada, offering significant flexibility in employment opportunities.
• Duration of Permit: The Open Work Permit is usually valid for a specified period, which may range from a few months to several years, depending on the applicant’s circumstances and the type of Open Work Permit issued.
• Eligibility for Spouses and Partners: Spouses or common-law partners of skilled workers or international students are often eligible for an Open Work Permit, allowing them to work in Canada during their partner’s period of study or employment.

Types of Open Work Permits

There are several types of Open Work Permits available in Canada, each catering to different groups of people under specific circumstances:

• Post-Graduation Work Permit (PGWP): Issued to international students who have graduated from a designated learning institution (DLI) in Canada. The PGWP allows them to work in Canada for up to three years, depending on the length of their study program.
• Spousal Open Work Permit: Available to spouses or common-law partners of skilled workers or international students in Canada. This permit allows them to work for any employer while their partner is studying or working in Canada.
• International Experience Canada (IEC) Work Permit: For young people from countries that have a reciprocal agreement with Canada, allowing them to work temporarily in Canada under programs like Working Holiday, Young Professionals, or International Co-op.
• Bridging Open Work Permit (BOWP): Allows certain permanent residence applicants to continue working in Canada while awaiting the final decision on their immigration application.
• Humanitarian and Compassionate Grounds Open Work Permit: Issued to individuals applying for permanent residence based on humanitarian and compassionate grounds, allowing them to work while their application is being processed.

Eligibility Requirements for an Open Work Permit

Eligibility for an Open Work Permit depends on the specific category or program under which the applicant is applying. The general requirements include:

• Valid Status in Canada: The applicant must have valid temporary resident status in Canada or be eligible for restoration of status if applying from within Canada.
• Eligible Program or Category: The applicant must fall into an eligible category, such as being a spouse or partner of a skilled worker or international student, a recent graduate from a Canadian post-secondary institution, or a participant in an International Experience Canada (IEC) program.
• No Criminal Record: Applicants must provide a police clearance certificate to prove that they have no criminal record and pose no security risk to Canada.
• Medical Examination: In some cases, applicants may need to undergo a medical examination to demonstrate they are in good health and do not pose a public health risk to Canada.
• Compliance with Canadian Laws: The applicant must comply with Canadian immigration laws and regulations and must not pose a threat to national security.

Application Process for an Open Work Permit

The application process for an Open Work Permit involves several steps, and it is crucial to follow each step carefully to increase the chances of a successful application. Here is a detailed breakdown of the process:

Step 1: Determine Eligibility

Before applying, applicants should verify that they meet all eligibility criteria for an Open Work Permit under the specific category or program. Consulting with an immigration expert can help clarify these requirements and identify the most suitable pathway.

Step 2: Gather Required Documents

Applicants must collect all necessary documents to support their application. Required documents typically include:

• Valid Passport: A passport that is valid for the entire duration of the Open Work Permit.
• Proof of Relationship: For spouses or partners, documents such as a marriage certificate or common-law declaration proving the relationship with a skilled worker or international student.
• Proof of Status in Canada: If applying from within Canada, proof of valid temporary resident status (e.g., study permit, visitor record) or eligibility for restoration of status.
• Police Clearance Certificate: A certificate proving that the applicant has no criminal record.
• Medical Examination Results: Medical exam results if required based on the applicant’s country of residence or length of stay.
• Additional Documents: Depending on the applicant’s specific situation, additional documents may be required, such as employment records, proof of enrollment, or evidence of participation in a recognized program.

Step 3: Complete the Application

Applicants must complete the Open Work Permit application form online through the Immigration, Refugees and Citizenship Canada (IRCC) website or submit a paper application at a Canadian Visa Application Centre (VAC) in their home country. All required documents should be included, and the form should be filled out accurately and truthfully.

Step 4: Pay the Application Fees

The application fee for an Open Work Permit is currently CAD 100. Applicants may also need to pay the biometrics fee (currently CAD 85) if required. Payments can be made online through the IRCC website or at a VAC. Ensure that all fees are paid before submitting the application to avoid delays.

Step 5: Submit Biometrics (if required)

If biometrics are required, the applicant will receive a Biometrics Instruction Letter after submitting their application. The applicant must visit a designated biometrics collection center to provide their fingerprints and photograph. Biometrics are valid for 10 years for visa applications to Canada.

Step 6: Wait for Processing

After submitting the application, the IRCC will review it to ensure all requirements are met. Processing times vary depending on the applicant’s country of residence, the category under which they are applying, and other factors. Generally, it can take a few weeks to several months to receive a decision. Applicants can check their application status online through the IRCC portal.

Step 7: Receive Decision

If the application is approved, the applicant will receive a Port of Entry (POE) Letter of Introduction, which must be presented to a Canadian border services officer upon arrival. If the applicant is already in Canada, they will receive the work permit directly. If the application is refused, the applicant will receive a letter explaining the reasons for the refusal.

Step 8: Arrival in Canada

If applying from outside Canada, the applicant must present the POE Letter of Introduction, passport, proof of relationship (if applicable), and any other supporting documents to the border services officer upon arrival in Canada. If all documents are in order, the officer will issue the Open Work Permit, specifying the conditions of the permit, such as the length of stay and any work restrictions.

How Facts Immigration Consulting Processes Open Work Permit Applications

At Facts Immigration Consulting, we provide comprehensive support to applicants throughout the entire process of obtaining an Open Work Permit. Here’s how we assist our clients:

Initial Consultation

We begin with an initial consultation to assess the client’s eligibility for an Open Work Permit and understand their work goals and preferences. We discuss the necessary documentation, timelines, and strategies to enhance the chances of a successful application.

Guidance on Eligible Categories

Our team helps clients determine the most suitable Open Work Permit category or program based on their situation. We provide detailed guidance on eligibility requirements and the documentation needed for each category, such as the Spousal Open Work Permit, Post-Graduation Work Permit, or Bridging Open Work Permit.

Document Preparation

We assist clients in gathering and preparing all necessary documents, ensuring that each document meets IRCC standards and is complete and accurate. Our team provides templates, checklists, and detailed guidance to make sure nothing is overlooked.

Application Submission

Our experts guide clients through the online or paper application process, helping them fill out the forms correctly, pay the required fees, and submit the application. We ensure that all documents are submitted in a timely manner to avoid delays.

Biometrics and Medical Exam Guidance

If biometrics or a medical examination is required, we provide instructions on how to complete these steps, including scheduling appointments and preparing for the medical examination, if needed.

Follow-Up and Status Updates

Our team monitors the application status and provides regular updates to the client. We communicate with IRCC on behalf of the client to address any issues or requests for additional documentation.

Pre-Arrival and Arrival Guidance

Once the Open Work Permit is approved, we provide pre-arrival guidance, including advice on packing, travel arrangements, and preparing for arrival in Canada. We also offer support on what to expect at the Canadian border and how to present documents to the border services officer.

Conclusion

An Open Work Permit provides foreign nationals with the flexibility to work for any employer in Canada without the need for a job offer or LMIA. The application process involves several steps, from determining eligibility to preparing documents and attending biometrics appointments. At Facts Immigration Consulting, we provide end-to-end support to ensure a smooth and successful visa application, helping our clients explore employment opportunities in Canada with confidence and peace of mind.