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Open Work Permits In Canada – Who Can Apply?

Open Work Permits in Canada – Who can Apply?

Keep reading if one of the following scenarios applies to you:

  • You want to move to Canada permanently, but it does not seem you are meeting the immigration requirement at the moment, so you are thinking about working in Canada as your first step to make Canada your home.
  • You are an international student and intend to work in Canada by means of Post-graduation work permit Policy.
  • You are a full-time student and can’t bear your study costs any longer
  • Your spouse is studying in Canada; you don’t want to be separated with him or her during the studies.
  • You are being sponsored by a Canadian citizen or Canadian permanent resident, and you want to be with your partner while waiting for your permanent residence.

Yes! If you find yourself under any of the following scenarios, you need to apply for a work permit, specifically, open work permit. Generally speaking, there are two types of work permit that may be issued – Open and Closed work permit. The closed work permit will be discussed in another article.

What Is An Open Work Permit?

Open Work Permit allows the foreign national to work for any Canadian employer. An individual is allowed to apply for Open Work Permit even if he or she does not have a particular job offer.

Typically, Labour Market Impact Assessment (LIMA) is required when a foreign national is hired by Canadian. In an Open Work Permit, there is no need of LIMA because it is not job specific.

Who Can Qualify For An Open Work Permit?

It is pertinent to note that the Open Work Permit is not open for everyone. Below is an non-exhaustive list of circumstances under which the foreign national may be qualified for an open work permit:

1. Working Holiday Visa

Through this type of work permit, the applicant is allowed to fund the vacation with temporary work in Canada. The applicant can apply for this visa even before obtaining a job offer. However, the applicant’s country of citizenship must have an agreement with Canada that allows the applicant to apply for this type of work permit.

2. Spouse Work Permit (the other spouse is studying in Canada)

The spouse or common-law partner of a foreign national may apply for an open work permit if the foreign national: is a full-time student at a public post-secondary school, such as a college or university, or a Canadian private school that can legally award degrees under provincial law (for example, Bachelors, Masters or Doctorate degree) and has a legitimate study permit. The work permit is valid for the same period of time as the study permit.

3. Spouse Work Permit (in family sponsorship application)

If you are being sponsored by a Canadian citizen or permanent resident of Canada, you can apply for an open work permit while your permanent residence application is being processed. This usually takes 4-5 months. And you must wait for your work permit application to be approved before embarking on any work in Canada.

4. Open Work Permit for Refugee Claimant

In case you have filed a claim for refugee protection in Canada and you’re waiting for results of the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada on your claim, and you cannot pay for your basic needs without working, then you and your family members may be eligible for an open work permit.

Even under the circumstance where your refugee claim has been rejected, if you cannot be removed from Canada for reasons beyond your control, and you cannot pay for your basic needs without working, you may still be eligible for an open work permit.

5. Bridging Open Work Permit

This type of work permit allows you to keep working while your permanent residence application is in process. However, this type of work permit does not enable a foreign national to come to Canada, as it is only available to permanent residence applicants who are currently in Canada and have an existing working permit that is expiring in 4 months or less.

Generally, even if there are no specific conditions on your work permit, standard work permit conditions still apply, i.e., not to work for an employer in a business where there is risk of sexual manipulation of some workers, such as: strip clubs, massage parlours, and escort agencies.

Contact The Lawyers At Ayaz Mehdi Professional Corporation

If you need a one-on-one consultation with an experienced immigration lawyer in to find out which way best suits your situation, please contact us today.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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