Understanding Open Work Permits in Canada

If you live overseas and are looking to start an exciting new career in Canada, you will need to obtain a work permit. However, getting a Canadian work permit can be a challenging process; before beginning your permit application, you will need to understand which type of permit is suitable for your situation.

There are two types of work permits available in Canada: an open work permit and an employer-specific work permit. An employer-specific work permit enables a successful applicant to perform a specific role for a designated employer. This permit requires that the applicant secure a job offer before beginning the permit application process.

The second type of work permit, an open work permit, is highly sought after due to the flexibility it provides, making it difficult to obtain. The best place to start is by understanding the open work permit application process; following that, we recommend leveraging the knowledge and skills of an experienced immigration lawyer so you can increase your chances of a successful application.

What is an open work permit?

An open work permit allows a foreigner to work anywhere in Canada without restricting them to a specific role or employer. For this reason, there is no requirement to secure an offer of employment before applying for the permit.

Additionally, an open work permit applicant is not required to obtain a Labour Market Impact Assessment (LMIA), which is a document issued by Employment and Social Development Canada (ESDC) to evaluate the impact of hiring a foreigner in Canada. This is a clear benefit over the employer-specific work permit, where an LMIA is a requirement when applying.

Due to the lack of employment restrictions, as well as the more streamlined application process it presents over the employer-specific work permit, a Canadian open work permit is often in high demand! Obtaining an open work permit can be considerably challenging without the help of an immigration lawyer.

Qualifications

To qualify for an open work permit, you must fall within one of the eligibility categories outlined in Canada’s immigration regulations.

Foreigners who are eligible for an open work permit include:

• Spouses or common-law partners of skilled workers or international students in Canada.
• International students who have recently graduated from a Canadian post-secondary institution and qualify for the Post-Graduation Work Permit Program.
• Dependent family members of an individual who has applied for permanent residence in Canada.
• Holders of employee-specific work permits who are being abused or at risk of being abused at their current place of work.
• Refugees, refugee claimants, protected persons, or a family member of one of these.
• Temporary residence permit holders.
• Young workers participating in the International Experience Class (IEC) Program.
• Foreigners in Canada being sponsored as a spouse, common-law partner, conjugal partner, or accompanying dependant child.

Depending on your situation, there may be supplementary criteria you must meet to be eligible to apply for an open work permit. The Government of Canada provides a brief survey that can help you verify if you meet these criteria.

Application Process

The exact requirements and application processes differ depending on the eligibility category to which you belong. However, every process will require you to perform certain essential steps.

Step One: First and foremost, you must complete an online application, where you will provide an identity document, contact information, your reason for applying, and your job title and employer, if applicable. You may also be asked to submit relevant supporting documents, such as a valid passport, a study permit, or a temporary resident permit.

Step Two: You are then required to pay a permit holder fee and any biometric fees.

Step Three: After submitting your online application and paying the fees, it is then your responsibility to attend an in-person biometrics appointment.

Step Four: Finally, you should receive a confirmation of receipt shortly after you complete the entire application, but the time to process your application will vary based on your personal situation.

An immigration lawyer can provide guidance through the application process and ensure that you are submitting a strong initial application. They will explain each step involved, ensure you are gathering all the necessary documents and filling them out correctly, and keep you informed on the progress of your application. This can help you avoid potential delays or having your application rejected due to mistakes or missing information.

Duration

It is essential to note that every Canadian work permit has an expiry date. Foreigners are allowed to work in Canada for a maximum duration of 48 months (or four years), whether that time is continuous or involves intervals between permits. After those four years, foreigners must leave and remain outside of Canada for at least another four years before they are eligible to return to work in the country.

The only way in which you, as a foreigner, can permanently work in Canada is through acquiring a permanent resident status. Fortunately, obtaining an open work permit and gaining work experience in Canada can improve your likelihood of qualifying for permanent residency.

If and when the time comes, an immigration lawyer can greatly enhance your chances of securing permanent residency. They will leverage their extensive experience in assisting numerous other foreigners successfully attain this status to provide you with skillful support.

How else can an immigration lawyer help?

As previously mentioned, immigration lawyers can provide expert guidance during the permit application process, but there are many ways in which they can assist you even after securing an open work permit.

Leveraging the knowledge and expertise of an experienced immigration lawyer can help you understand and protect your legal rights. They will thoroughly explain the conditions associated with your work permit and how to comply with them while in Canada. An immigration lawyer will then ensure that your employer is following all the applicable laws and regulations to prevent you from being exploited or mistreated.

If your application for an open work permit is rejected, an immigration lawyer can help you understand the reasons why it was refused, assist you with responding to the concerns raised, and prepare an appeal for the refusal if necessary.

Why work with an RSG immigration lawyer?

When working with an immigration lawyer at RSG, you can expect sincerity and efficiency throughout the entire process. Our lawyers understand the stress and time sensitivity associated with permit applications and will ensure the process is as pain-free and streamlined as possible.

With extensive knowledge of immigration law, our experienced lawyers can help you navigate the complex Canadian immigration system, avoid mistakes commonly made when applying for a work permit, and ensure your rights are protected when starting a job in a new country. By understanding your unique circumstances, the immigration lawyers at RSG Law will provide tailored legal assistance to put forth the best possible permit application and increase your chances of a successful outcome.