CIMM – Facilitative Features of the Open Work Permit for Vulnerable Workers – February 7, 2024

Key Messages

• To be eligible for the Open Work Permit for Vulnerable Workers
  (OWP-V), applicants must have a valid employer-specific work permit or have previously held an employer-specific work permit and have applied for a renewal of that permit. Applicants must also provide a description of the abuse or risk of abuse they are facing.
• No application fee is charged.
• Most immigration programs in Canada are typically assessed on a balance of probabilities. For example, officers have to decide whether it is more likely than not that the applicant’s information is true.
• OWP-V applications are assessed on reasonable grounds to believe. This lower threshold recognizes that abuse is often difficult to prove, and reflects the facilitative intent of the program.
• Applicants to the OWP-V do not need to stay in an abusive situation in order to be eligible. The OWP-V was intended to help both workers currently experiencing abuse, and those who are at risk of abuse. This includes workers with a valid employer-specific work permit (or maintained status) who have already left an abusive employment situation, and would be at risk of abuse if they returned.

Supplementary Information

• For the purposes of assessing eligibility for the OWP-V, “abuse” is defined in regulations as consisting of any of the following:
  • physical abuse, including assault and forcible confinement;
  • sexual abuse, including sexual contact without consent;
  • psychological abuse, including threats and intimidation;
  • financial abuse, including fraud and extortion; or
  • reprisals.
• Foreign workers who are at risk of abuse may also be eligible for this type of work permit, so that no one would have to stay in an abusive situation in order to qualify for this work permit. “At risk of abuse” is defined as a situation where a temporary foreign worker has left their abusive situation and would be at risk if they returned, or at risk in the context of other coworkers experiencing abuse. Officers require, at minimum, a description of the abuse or risk of abuse.
• Understanding that workplace abuse is a critical matter, processing officers are advised to process OWP-V applications on an urgent basis, at a service standard faster than normal lines of business.