Temporary foreign workers in Canada who hold a work permit tied to a specific employer and who are victims of violence, or at risk of becoming victims, in the course of their employment in Canada, may be eligible for an open work permit, exempt from the Labour Market Impact Assessment (LMIA) requirement.
The Work Permit for Vulnerable Workers allows workers to protect themselves by leaving their current employment while maintaining a valid status and legal income source in Canada.
It also enables the government to spotlight employers not complying with legal requirements, preventing recurrence with other applicants. Finally, through this work permit, the government raises awareness among candidates that they can freely collaborate with government authorities without fear of dismissal or work permit revocation.
The issuance of this work permit is based on the concept of violence. Violence can take many forms, and each type is considered for the issuance of the Work Permit for Vulnerable Workers:
- Physical violence: Includes any physical contact intended to harm, intimidate, or cause suffering. For example, being hit, pushed, or burned by an employer or colleague.
- Sexual violence: Imposes unwanted sexual activities through force or threats, including forcing someone into sexual acts against their will.
- Psychological violence: Involves coercive or controlling behavior, repeated threats, humiliation, constant shouting, or mockery.
- Financial exploitation: Controls the economic resources of the worker, non-payment or partial payment of wages, or forced use of wages by the employer.
Work Permit for Vulnerable Workers: how to apply
The application for a work permit for vulnerable workers is done online (not at the point of entry). It is the responsibility of the foreign worker to provide all evidence they are able to provide or explain why they cannot provide this evidence.
The agent must have reasonable grounds to believe that a migrant worker is a victim of violence, or is at risk of violence, in the course of their employment in Canada. The evidence to be provided can take several forms: testimonials from colleagues, social workers, your doctor or a sworn statement from the applicant (affidavit), a copy of a complaint, photos, etc.
Note that agents don’t communicate with the employer to verify the information provided. A worker may be eligible for this type of work permit even after experiencing violence for many months. Upon receipt of the application, the agent may call the worker for a physical or telephone interview, or may process the case solely on the basis of document review.
If the open work permit for vulnerable workers is issued, note that it is rarely renewed.
Work Permit for Vulnerable Workers: Available support
The work permit for vulnerable workers is an essential measure to protect foreign workers in Canada from abuse and exploitation. By providing a means to leave a dangerous work environment while maintaining legal status, this permit offers a viable and secure solution. If you are a foreign worker in Canada and believe you are a victim of violence, know that there are resources and protections available to help you.
The Canadian government offers support services to workers who are victims of violence. A telephone hotline has been set up for victims of workplace violence or family violence. Workers are encouraged to seek help without fear of judgment or negative repercussions. Additionally, consulting with a lawyer or immigration consultant can provide valuable advice and support throughout the application process. You should never suffer in silence, solutions are within your reach.
Legal Notice
The content of this publication is general and does not pretend to be specific legal advice. For information on the application of Canadian immigration laws in your case, we invite you to schedule a personalized consultation.
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