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Open Work Permit
The Open Work Permit allows a candidate to work in Canada even if they have no specific job offer. So, in order to obtain an Open Work Permit, a worker does not require a Labour Market Impact Assessment (LMIA) or a job offer.
What is a Canada Open Work Permit?
The Open Work Permit is not job-specific or employer-specific. It gives the holders of Open Work Permit greater freedom to choose jobs. Because of this reason, an applicant will not need to meet the following requirements to obtain the open work permit
- A Labour Market Impact Assessment(LMIA)
- Proof that the employer has submitted a job offer through the Employer Portal
- Proof that the employer has paid the employer compliance fee.
But the open work permit holder will have to pay an open work permit fee.
Difference between an Canada open work permit and closed work permit
You can apply for a Canada open work permit, if you are any of the following:
- An international student who has completed your studies from a Designated Learning Institution(DLI) of Canada and is eligible for Post-Graduation Work Permit Program
- An employer-specific open work permit holder who is being abused or is at the risk of being abused at the workplace
- Dependant family member of a person who has applied for permanent residence in Canada
- Spouse or common law partner of an international student
- Are the spouse, common-law partner
- Spouse or common law partner of an applicant under the Atlantic Immigration Program
- A temporary resident permit holder
- Are a young worker participating in special programs
- You’re in Canada and your spouse, common law partner is sponsoring you.
Types of Canada Open Work Permit
Canada Open Work Permits are of two types – Restricted and Unrestricted. Unrestricted Open Work Permits allow foreign nationals to work in any occupation and in any location. At the same time, restricted open work permit holders will be allowed to work only in a particular location or under a particular employer. With an occupation-restricted open work permit, the holder can work for any employer but the job which the person will be performing will be specified. Occupation-restricted open work permits are given to those workers who have not completed a medical exam. So, it will be particularly impossible to open work permit holders to work in the healthcare field.
They will also not be allowed to work in:
- Childcare
- Primary/secondary school teaching
- Health services
- Farming
even if they are from a country which does not require a medical exam while entering Canada.
Canada Open Work Permit – Conditions
Canada open work permit comes with a number of conditions with regards to
- The type of work you will be doing
- The employer you will be working for
- The location of your work
- How long you can work
A person will not be allowed to study while holding an Open Work Permit. But at the same time, an international student, while holding a study permit, can work part-time. Also, all open work permit holders must obey the condition that they should not work for any business, where there exists a risk of sexual exploitation, such as strip clubs, massage parlours, escort agencies etc. Further, they must leave Canada once their authorised stay period is over.
Bridging Open Work Permit (BOWP)
The Bridging Open Work Permit allows foreign nationals to continue working in Canada while their application for permanent residence is being processed. To be eligible for BOWP, a candidate must have applied for permanent residence under any of the following Canada PR programs:
Spousal Open Work Permit (SPWP)
Spousal Open Work Permit allows the spouse or common law partner of a temporary worker or international student with valid immigration status in Canada to legally work in Canada. It’s important to note that recent changes in March 2024 can affect the eligibility for spouses of international students. There might be exceptions for the spouses of students in certain professional undergraduate programs. Now, only spouses of students enrolled in master’s or doctoral programs can generally apply for an SOWP. It gives the principal candidate better support, both moral and financial, thus allowing them to settle well in Canadian society. As Spousal Open Work Permit is not employer-specific, the applicant does not require a Canadian job offer. Neither do they need a Labour Market Impact Assessment (LMIA).
Processing time for Canada Open Work Permit
The processing for the application for Canada work permit is between 5 to 36 weeks. However, the below factors affect how long it takes to process the application for Canada open work permit:
- The type of application
- If the application is complete
- How long it takes to process the existing applications
- How easy it is for the authorities to verify the information provided in the application
- How fast you respond to the requests and concerns from Canada immigration authorities
Similarly, it makes a difference if you are applying from inside Canada or outside. If you are applying from inside, it would take around two months. If you are applying from outside, the time required will depend on the country from where you are applying.
Application process for Canada open work permit
Applying for an Open Work Permit involves major steps.
These are:
- Submission of the application forms
- Supporting documents
- Payment of government fee
- Waiting period
- Decision
Travelling outside Canada with an Open work permit
An Open Work Permit holder can travel outside Canada. But they should have a valid visa option to return to Canada.
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Frequently Asked Questions
How to get an Open Work Permit in Canada from India?
Open work permits are for specific situations and don’t require a pre-arranged job offer. Here’s a general process:
- Check Eligibility: See if you qualify on the Immigration, Refugees and Citizenship Canada (IRCC) website
- Gather Documents: Required documents vary based on your eligibility, but generally include a valid passport, medical exam results, and proof of funds.
- Apply Online: Apply through the IRCC website
Documents Required for an Open Work Permit?
The documents needed depend on your eligibility criteria. Check the IRCC website for the specific list applicable to you, but common requirements include:
- Completed application form
- Valid passport
- Proof of funds for your stay
- Medical exam results (if required)
- Documents proving the relationship with the spouse in Canada ( for SPWP)
- Documents showing the status of spouse in Canada ( for SPWP)
- Additional documents depending on your situation.
Can an Open Work Permit Holder Apply for Permanent Residency (PR) in Canada?
Yes, under certain circumstances. Having an open work permit doesn’t guarantee PR, but it allows you to establish yourself in Canada which can be helpful for a PR application.
Difference Between Open Work Permit and Work Permit?
- Open Work Permit: Allows you to work for any employer in Canada. Applies to specific eligibility categories (e.g., international graduates, spouses of workers).
- Work Permit: Requires a job offer from a specific Canadian employer who has obtained a Labour Market Impact Assessment (LMIA) showing they couldn’t find a Canadian to fill the position.
Extending a Spouse's Open Work Permit
The process for extending a spouse’s open work permit generally involves submitting a new application with updated documents and fees. Check the IRCC website for detailed instructions.
