Who can apply
You can apply for the open work permit for vulnerable workers if all of these are true when you apply:
- you are in Canada;
- you hold a valid employer-specific work permit with your employer's name on it (LMIA-based, including the Seasonal Agricultural Worker Program, or LMIA-exempt employer-specific), or you applied to extend that permit before it expired and are still waiting for a decision (maintained status); and
- you are being abused, or are at risk of being abused, in relation to your job in Canada.
You may already have left the abusive job; you remain eligible as long as your employer-specific permit is still valid or you are on maintained status. "At risk" includes a worker who left and would face abuse if they returned. Abuse can come from the employer, a supervisor, a co-worker or a recruiter, and can happen in housing the employer provides. Abuse in a private home unrelated to the job is generally outside this permit.
Earlier unauthorized work or a breach of a permit condition is not, by itself, a reason to refuse this permit if the officer has reasonable grounds to believe abuse is happening or likely. You must still meet the other requirements of the law, including valid temporary resident status.
What counts as abuse
Abuse is any behaviour that scares, controls or isolates you. The regulations define five types:
Physical
Hitting, pushing or other harm; confining you; forcing you to work in unsafe conditions that risk your health; unsafe or unsanitary employer-provided housing.
Sexual
Sexual touching or acts without consent, and unwanted sexual comments.
Psychological
Threats, insults and intimidation, including threats about your immigration status or deportation; controlling where you go; stopping you from seeing friends or co-workers.
Financial
Not paying wages owed, taking some or all of your pay, stealing from you, forcing you into fraud, or a third party charging you a fee for a job or making false promises.
Reprisal
Discipline, demotion, dismissal, or a threat of any of these, because you reported that your employer was not following the conditions of the program or because you cooperated with an inspection.
The standard
The officer must have "reasonable grounds to believe" you are being abused or are at risk. That is more than suspicion but less than proof on a balance of probabilities, based on credible information.
Your rights as a temporary foreign worker
Pay and contract
Your employer must pay you for your work. With an employer-specific permit, you and your employer must sign an employment agreement showing the job, conditions, maximum weekly hours and pay. Keep a copy.
Safe workplace
You have the right to a safe and healthy workplace and to refuse dangerous work. If you are hurt, your employer must help you reach health care, and you may speak to a health care provider privately.
Documents and fees
Your employer cannot take your passport or work permit. Deductions must appear in your agreement, and workers' compensation premiums cannot be taken from your pay.
Where to get help
Each province has an employment standards office; in Ontario it is the Employment Standards Information Centre (416-326-7160 or 1-800-531-5551). You do not need your employer's permission to contact it.
You can also report abuse to Service Canada online or on its confidential tip line, 1-866-602-9448, which takes messages 24 hours a day and offers live agents in over 200 languages Monday to Friday, 6:30 a.m. to 8 p.m. Eastern. Service Canada says it never tells the employer who made the report. Reporting is separate from the work permit: you do not need to report to apply, and applying does not require you to help an investigation.
Evidence to include
You must explain your situation and the abuse you face or are at risk of facing. IRCC encourages using the Letter of Explanation – Open Work Permit for Vulnerable Workers (IMM 0017), but an application should not be refused only because you did not use that form. Include as much evidence as you can, for example:
- a letter or report from a support organization, doctor or other health care professional;
- your own sworn statement (affidavit);
- a copy of a report to the police or the Canada Border Services Agency, or a complaint to a provincial employment standards office;
- a victim impact statement;
- emails or text messages, pay stubs or bank statements;
- photos of injuries, working conditions or housing;
- statements from witnesses;
- copies of all pages of your valid and expired passports.
Add a table of contents. Documents not in English or French need a certified translation, or a translator's affidavit if a certified translator is not available. Your family members and your immigration representative cannot translate your documents. If the online system will not let you upload some evidence, describe it briefly in your letter and say why; you can submit it later if IRCC asks.
How to apply
- Sign in to your IRCC accountUnder "Start an application" choose "Apply to come to Canada", then "Visitor visa, study and/or work permit".
- Answer the questionsChoose "Work", country of residence "Canada", answer "No" to having a written job offer, and "Yes" to the question about holding a valid employer-specific permit and being abused or at risk of abuse. On the results page choose "Open work permit for vulnerable workers".
- Complete the formYour checklist includes the Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker (IMM 5710). Read the instruction guide (guide 5553) before you complete it.
- Upload your evidence in one fileCombine the letter of explanation, evidence, table of contents and translations into one file and upload it in the "Client information" field under optional documents.
- SubmitThere is no work permit fee and no open work permit holder fee; when the online form asks about the fee, choose the option saying you are exempt. If you cannot apply online because of a disability, you may apply on paper.
After you apply
- IRCC may contact youIRCC may ask for more information or invite you to an interview. You can bring evidence and explain events in your own words.
- The permit is temporaryIf approved, you receive an open work permit with an expiry date. It allows work for almost any employer, except one on IRCC's list of non-compliant employers or one that regularly offers striptease, erotic dance, escort services or erotic massages. Officer instructions suggest about 12 months, never beyond your passport. The permit cannot be renewed under this category.
- Find a new job and a new permitUse the time to find another employer and apply for a new work permit before this one expires if you want to stay and work in Canada. A second vulnerable worker permit is possible only if your original employer-specific permit is still valid (or on maintained status) and you are still at risk.
- Employer inspectionIRCC may inspect your former employer. It will not contact the employer for any other reason. You can choose whether to give information for the inspection.
Family members
Family members who came with you to Canada may also get an open work permit if your application is approved. Each person completes their own application, but they may submit it together with yours. Under IRCC officer instructions, family members' permits are issued for the same period as yours (or until their passport expires), working-age dependent children are included, and family members receive the same fee exemption. Dependent children in Canada whose status expires earlier may receive a visitor record or study permit for the same period.
Fees
| Item | Fee | Note |
|---|---|---|
| Work permit processing fee | None | Exempt under the regulations. |
| Open work permit holder fee | None | Does not apply to this permit. |
| Family members' work permits | None | Same exemption as the vulnerable worker. |
| Biometrics | $85 if requested | Requested only if an officer decides it is needed. |
Frequently asked questions
My employer has not paid my overtime. Is that abuse?
Failing to pay wages owed can be financial abuse, but a clear payroll error that the employer has corrected generally is not. Unpaid wages can also be claimed through your provincial employment standards office.
My permit has already expired and I did not apply to extend it. Can I apply?
Not for this permit: you need a valid employer-specific permit or maintained status. You may have other options, such as restoration within 90 days. Get advice quickly.
Will my employer find out?
IRCC may inspect the employer after your permit is approved, but says it will not contact the employer for any other reason. Service Canada does not reveal who made a tip.
Do I need to go to the police first?
No. A police report is useful evidence, but it is not required, and you are not required to help authorities to get the permit.
Official sources
- IRCC: Open work permit for vulnerable workers who are victims of abuse
- IRCC: Vulnerable workers: who can apply
- IRCC: Vulnerable workers: how to apply
- IRCC: Vulnerable workers: after you apply
- IRCC program delivery instructions: Open work permits for vulnerable workers [R207.1, A72]
- IRCC: Temporary foreign worker rights and labour standards
- Service Canada: How to report abuse of temporary foreign workers
- IRCC: Employers who have been found non-compliant
This page is general information about Canadian immigration law and policy as of the date above. It is not legal advice for your situation. Programs, forms and fees change often; check the official sources before you apply.