CIMM – Open Work Permit for Vulnerable Workers – February 7, 2024
Key Facts And Figures
Volumes: Since the launch of the program in June 2019 up to December 2023, Immigration, Refugees and Citizenship Canada (IRCC) has issued over 4,800 open work permits for vulnerable workers (OWP-Vs).
In 2023, IRCC issued 2,044 OWP-Vs (compared to 1,087 permits issued in 2022).
The majority of OWP-Vs are issued to males (approximately 70% in 2023) and most are issued to individuals between the ages of 31 and 40 (approximately 44%). In 2023, approximately 20% of OWP-Vs were issued to individuals from India and 15% to those from Mexico.
Application volumes in the program are relatively low, with just over 3,500 applications received in 2023.
In 2023, processing times were at 34 days for 80% of cases. IRCC’s target has been adjusted to contact clients within five days and process on a priority basis.
The 2023 approval rate for these applications is 58%. Although this might seem low for a facilitative program, this is partly due to a lack of information, withdrawn, and repeated applications. For example, applicants often apply for the OWP-V by mistake as it shares an application form with the work permit extension form. In some other cases, applicants did not hold a valid employer-specific work permit, an eligibility requirement, before applying.
Additionally, applicants have been known to repeatedly apply after already receiving a refusal. However, without new information/evidence, a different decision is unlikely. As of December 30, 2023, 24% of applications were repeat applications.
Overall, the variability in approval rates can be explained by the disproportionate impact of small trends on an already-low number of OWP-V applications.
Key Messages
Foreign workers have the same rights to workplace protections under federal, provincial and territorial employment standards as Canadians and permanent residents. All workers in Canada deserve safe, healthy and dignified working conditions. That is why the government introduced the OWP-V. This permit is facilitative and expedient. It has a lower burden of proof, acknowledging that abuse is difficult to prove. The permit is also available to family members of the foreign worker.
The OWP-V provides foreign workers on valid employer-specific work permits access to an open work permit if they are experiencing, or are at risk of experiencing, abuse in their job. This allows foreign workers to quickly leave the abusive situation and start working for any eligible employer in Canada.
Supplementary Information
After a worker is approved for an OWP-V, an inspection is conducted to verify the employer’s compliance with program conditions.
As part of its ongoing commitment to protect temporary foreign workers, the Government of Canada has introduced the Migrant Worker Support Program that establishes coordinated approaches among community organizations to provide resources and services to migrant workers. These organizations play an essential role in increasing workers’ awareness of the OWP-V, and supporting them to apply when needed.
