“If you complain, I will cancel your permit.” Workers on employer-specific permits hear versions of that sentence more often than they should. An employer has no power to cancel your work permit with a phone call, and leaving an abusive job does not have to mean leaving Canada. There is a federal measure designed for this situation: an open work permit for vulnerable workers. It allows a person who is being abused, or who is at risk of abuse, in relation to their job to get away from that employer and look for other work.
Knowing this option exists can change how a worker sees their situation, whether they are living in a basement near a warehouse in Brampton, working at a job in a nearby town, or doing care work in someone’s home. Getting a permit is not automatic, and you do not need to resolve everything at once. But it may give you more options than you were told you had.
This article gives general information and is not legal advice. IRCC can change this measure, so check its website for the current rules. If you are in immediate danger, call 9-1-1. If your employer might look at your phone or computer, use a safer device, and clear your browsing history when you finish.
Who Can Apply
According to IRCC, you can apply if all of the following are true:
- You are in Canada. You cannot apply at a port of entry.
- You are being abused, or are at risk of being abused, in relation to your job in Canada.
- You have a valid employer-specific work permit that names your employer, or you applied to extend your permit before it expired and are still waiting for the decision.
That last requirement limits who can apply. If you hold an open permit, you already have freedom to change employers, so this measure is not for you. If your permit has expired and you did not apply to extend it, you may have other issues to address, and you should get advice quickly. If you were never authorized to work, this permit may not fit, but that does not mean you are without rights. Speak with a lawyer or a community legal clinic.
What Counts as Abuse
Many people do not think of what is happening to them as abuse, because nobody has hit them. IRCC’s definition is broader: abuse can be any behaviour that scares, controls, or isolates you, and it can be physical, sexual, financial, psychological, or a reprisal.
IRCC’s examples include:
- Physical harm
- Being forced to work unsafely or in ways that risk your health
- Unsafe or unsanitary housing provided by your employer
- Unwanted sexual touching or comments
- Restrictions on your movement or on contact with friends or co-workers
- Theft, including taking some or all of your pay
- Threats, insults, or intimidation
- Being forced to commit fraud
- A third party charging you fees for a job or making false promises
- Discipline, demotion, dismissal, or threats of those things because you reported violations or cooperated with an inspection
Some of these deserve a closer look because they are so often normalized. An employer who pays you in cash for fewer hours than you worked, or who demands that you pay back part of your wages after depositing a paycheque, may be engaged in financial abuse. A recruiter who collected thousands of dollars for a “job” that turned out to be different from the one you were promised may fall into the same category. A boss who keeps your passport “for safekeeping” may be exercising control. Being pressured to sign false papers, or to pretend you work a different job than the one on your permit, can count as well.
Ontario has its own law on this. The Employment Protection for Foreign Nationals Act, 2009 restricts charging fees to foreign workers for finding a job and prohibits employers and recruiters from taking possession of a foreign worker’s passport or work permit. Other laws may also apply, depending on your facts.
You Do Not Need Permission, and You Do Not Need a New Job First
Two features make this permit different from the usual process of changing employers.
First, you do not need a job offer. The online form will ask you whether you have a written job offer, and IRCC’s instructions say to answer “No.” The whole idea is to let you leave first and search afterward.
Second, your employer does not take part in your application. IRCC says it may contact your employer for an inspection after you receive the permit, but it will not contact them for any other reason. It also gives you a choice about whether to provide further information for an inspection.
The permit lets you work for almost any employer in Canada. The exceptions are employers on the government’s non-compliant list and those who regularly offer striptease, erotic dance, escort services, or erotic massages.
IRCC’s “how to apply” page states that there are no fees for this work permit. Check the payment stage of the online application carefully before paying anything. Anyone telling you that you must pay them to access a “special government permit” should raise your suspicions.
Gathering Evidence Safely
Your application must explain what has happened or what you are afraid will happen. You do not need perfect proof, but evidence helps an officer accept that abuse occurred or is a real risk.
Useful evidence may include:
- A letter or report from a support organization or a medical professional
- A sworn statement describing events
- A copy of a complaint filed with a government or enforcement agency
- Emails, text messages, photos, pay records, or housing photos
- Statements from witnesses, such as co-workers
Try to write a clear account in your own words, in order, with as many dates, names, and places as you can recall. “My manager threatened me” says little. “On a specific date, in the shipping office, my manager told me he would call immigration if I took my day off, and two co-workers heard him” says much more. Use approximate dates if that is all you have, and say so.
Take care to protect yourself while collecting this information. Do not take risks to get a document. Back up copies of your important files to a private email account or cloud storage that your employer cannot access, and keep your passport, permit, and bank card on you if you can. If your employer controls your phone plan or your housing, think carefully about where you keep these files. Do not delete messages out of fear, because they could be important later.
How the Application Goes
You must apply online and choose the relevant options in the application questionnaire, including that you are being abused. IRCC recommends setting out your situation in a Letter of Explanation (IMM 0017), and it asks for copies of all pages of your valid and expired passports. Evidence goes into a single combined file with a table of contents. Documents that are not in English or French need a certified translation, and a family member, representative, or consultant cannot act as the translator. If you cannot upload something, briefly explain in your letter what you have and why. A settlement worker, legal clinic, or lawyer can help you with this if the English is hard, or if you are unsure how to describe what happened.
IRCC may contact you for more information or ask you to attend an interview. An interview is a chance to explain, and you may ask about arrangements such as an interpreter. Answer truthfully. If you do not know something, or cannot remember, say that instead of guessing.
Family members who came with you to Canada may be eligible for open work permits as well. They must file their own applications, which may be submitted together with yours.
While the application is in process, ask for advice about whether you can stop working and how to protect your income. Since your employer-specific permit is tied to that employer, do not start a new job until you have authorization. If you are working unsafely now, your safety comes first, and getting out of immediate danger should not wait for a permit.
Filing Complaints Is a Separate Step
The permit deals with your immigration status. It does not recover your unpaid wages or hold anyone to account. Those are separate paths, and you can follow them at the same time.
- Unpaid wages and employment standards: Ontario’s Ministry of Labour enforces the Employment Standards Act, 2000, which protects workers whatever their immigration status.
- Unsafe workplaces: Health and safety complaints may also go to the ministry, and injured workers may have rights through the Workplace Safety and Insurance Board.
- Crime: Assault, sexual assault, threats, and human trafficking can be reported to Peel Regional Police, or to the relevant police service if the conduct occurred in another community.
- Program violations: Employers who misuse the foreign worker programs can be reported to Service Canada, including anonymously through its confidential tip line.
- Human rights: Harassment or discrimination may also be raised through the Human Rights Tribunal of Ontario process.
Each of these has its own deadlines and procedures. A complaint can also strengthen your immigration file if you have made one, but you do not need to file one before you apply for the permit, and an inspection may follow on its own.
After the Permit Is Approved
This permit is a temporary solution. IRCC says it has an expiry date and cannot be renewed. It gives you time to find a new job and apply for a new work permit before it expires, if you want to keep working in Canada.
Use the time well. Look early for a new employer who can support an LMIA or qualify for an LMIA exemption, as the process takes time. Keep an eye on your expiry date, and set reminders well ahead of it. If you are working toward permanent residence, ask whether the job fits a program you may qualify for, and keep your pay records. When the time comes, our work visas page may help you understand the options, and our temporary residence page covers how to maintain status.
If your application is refused, the reasons are important. A refusal does not automatically mean that nobody believed you. It may be that there was too little detail or evidence, or that your application missed an eligibility requirement. There may be further options, including a fresh application with better material or a legal challenge. Do not just file the same application again without understanding what went wrong.
Help Is Available
Asking for help can feel risky if you have been told that everyone reports to your boss or that speaking up will get you deported. Community legal clinics, settlement agencies, and support organizations in Peel can talk with you, and a conversation with a lawyer is confidential. If you decide you want to speak with our office, you can contact us by whichever method feels safest for you, and let us know if it is unsafe to call or email you at certain times. A permit cannot be promised to anyone, but you do not have to stay trapped by a threat that your employer may not be able to carry out.