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Open Work Permits: Flexible Employment

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by Kathy Watkins

Open Work Permits in Canada

Open work permits offer a unique opportunity for qualified foreign nationals to engage in employment with any employer across Canada. One of the primary benefits of an open work permit is the flexibility it provides, allowing individuals to choose their occupation and workplace freely. Our detailed page from Immigration to Canada covers all essential details about obtaining and utilizing open work permits in the country. Are you in need of guidance with your work permit process? Immigration to Canada is a premier law firm specializing in Canadian immigration, with over 45 years of dedicated experience in the field. 

Open Work Permits

Understanding Open Work Permits in Canada

Many individuals from abroad who wish to work in Canada require a legal work authorization, often in the form of a work permit. Among the various types available, open work permits stand out as they permit international workers to engage in employment across Canada legally.

Work permits in Canada are categorized into two types: closed work permits, which are linked to a specific employer, and open work permits, which offer flexibility by allowing foreign nationals to work for multiple employers and in different locations across the country.

Open work permits provide significant benefits, primarily the ability to move with ease between different jobs, employers, and locations within Canada. Unlike other permits, they do not require a job offer or a positive Labour Market Impact Assessment, simplifying the process for workers.

It is important to note that while open work permits offer flexibility, some may still have particular conditions that must be met. Any such conditions will be detailed directly on the permit. 

Who is Eligible for an Open Work Permit?

At Immigration to Canada, various groups may qualify for an open work permit, which allows you to work for any employer in Canada. Here’s a detailed list of who can apply: 

Eligibility Criteria for Open Work Permits in Canada

At Immigration to Canada, we understand that each individual’s circumstances are unique when it comes to obtaining an open work permit. Below are some typical scenarios under which you might qualify for an open work permit: 

If you are applying for permanent residency through a federal or provincial economic class program and you currently live in Canada with an expiring work permit, you and your spouse or common-law partner might qualify for a Bridging Open Work Permit (BOWP). Please note that while the BOWP is not available in Quebec, there are other work permit options in that province.

If you are being sponsored for permanent residency through Inland Sponsorship by a Canadian citizen or Permanent Resident, you may be eligible for an open work permit. This is contingent upon fulfilling the necessary requirements outlined in the sponsorship immigration program.

You may qualify for an open work permit if you are the spouse or common-law partner of a temporary foreign worker who is employed in Canada. The position should be classified under Skill Level 0, A, or B of the National Occupational Classification (NOC) and the employment must be for at least six months. Additionally, the foreign worker must either currently reside in Canada or plan to reside there.

Open Work Permits for Spouses of International Students

To qualify for an open work permit as the spouse or common-law partner of an international student, you must not be enrolled as a full-time student yourself.

For applications submitted after March 19, 2024, the following criteria need to be fulfilled for your spouse to secure an open work permit:

  • You should be enrolled in one of the following programs:
    • A master’s or doctoral degree program at a university or polytechnic institution
    • One of these professional degree programs at a university:
      • Doctor of Dental Surgery (DDS, DMD)
      • Bachelor of Laws or Juris Doctor (LLB, JD, BCL)
      • Doctor of Medicine (MD)
      • Doctor of Opt700### Open Work Permits for Spouses or Common-Law Partners of International Students

To qualify for an open work permit as the spouse or common-law partner of an international student, you must not be a full-time student yourself.

For applications submitted after March 19th, 2024, certain criteria must be fulfilled for the spouse to be eligible for an open work permit:

  • The student must be enrolled in:
    • a master’s or doctoral degree program at a recognized university or polytechnic institute, or
    • one of the following professional degree programs at a university:
      • Doctor of Dental Surgery (DDS, DMD)
      • Bachelor of Law or Juris Doctor (LLB, JD, BCL)
      • Doctor of Medicine (MD)
      • Doctor of Optometry (OD)
      • Pharmacy (PharmD, BS, BSc, BPharm)
      • Doctor of Veterinary Medicine (DVM)
      • Bachelor of Science in Nursing (BScN, BSN, BNSc)
      • Bachelor of Education (B. Ed.)
      • Bachelor of Engineering (B. Eng., BE, BASc)
  • The spouse needs to include one of the following documents in their application:
    • a valid letter of acceptance from the designated learning institution (DLI)
    • proof of enrollment from the DLI
    • transcripts from the current program
  • Proof of relationship must be submitted to IRCC for verification.

This open work permit opportunity facilitates the pathway for spouses and partners of international students, enhancing their experience while studying in Canada.

Requirements for Open Work Permit Applications

If you have submitted an application for an open work permit before March 19th, several conditions must be fulfilled:

  • You must hold a valid study permit.
  • You need to qualify for a Post Graduation Work Permit (PGWP).
  • You must be enrolled as a full-time student at one of the following types of Designated Learning Institutions (DLIs):
    • A public post-secondary institution, like a college, university, or a CEGEP in Quebec.
    • A private college-level institution in Quebec.
    • A Canadian private school authorized to confer degrees under provincial law, such as a bachelor’s, master’s, or doctoral degree.

For additional details regarding open work permits for spouses, please refer to our dedicated webpage. 

Open Work Permits

Open Work Permits for International Graduates and Their Partners

Graduates of designated programs in Canada may qualify for an open work permit under the Post-Graduation Work Permit Program. To be eligible for a PGWP, a foreign national must be at least 18 years old and have completed a full-time program of at least 8 months at a Designated Learning Institution (DLI).

Spouses and common-law partners of PGWP holders may also apply for an open work permit. Typically, the validity of these permits is aligned with the duration that the PGWP holder is permitted to work in Canada. 

International Experience Canada Participants

Young adults participating in the International Experience Canada (IEC) program may be eligible for an open work permit through the Working Holiday category. The program is available to citizens of countries with reciprocal agreements with Canada, typically targeting individuals aged between 18 and 35, though the specific age range may vary by country. 

Applying for an Open Work Permit in Canada

If you’re looking to obtain an open work permit through Immigration to Canada, you can do so from either within or outside the country. The steps and forms you’ll need depend on your application location. Regardless of where you apply, you’ll need to fill out the required form and pay both the open work permit holder fee and the work permit processing fee together. This streamlined process ensures you’re eligible to work across Canada. Ensure you follow the procedures carefully to enjoy a seamless experience in your Canadian immigration journey. 

FAQ
What is an Open Work Permit?

An Open Work Permit allows individuals to work for any employer in Canada, without the need for a specific job offer before applying. This type of permit offers flexibility as it is not tied to a particular job or employer.

Who is eligible for an Open Work Permit?

Eligibility for an Open Work Permit typically includes spouses or common-law partners of certain temporary foreign workers or international students, refugees and protected persons, and some international graduates. Additional categories include participants in specific programs such as International Experience Canada.

Does an Open Work Permit require a Labour Market Impact Assessment (LMIA)?

No, an Open Work Permit does not require a Labour Market Impact Assessment (LMIA). This exemption simplifies the process, as the applicant does not need their employer to obtain permission to hire a foreign worker.

How long is an Open Work Permit valid?

The validity period of an Open Work Permit can vary depending on the category under which it is granted. It usually aligns with the length of the applicant’s status in Canada, their passport validity, or the expiry of their spouse or partner's work or study permit.

Can I apply for an Open Work Permit from within Canada?

Yes, certain individuals, such as those with valid temporary resident status or those eligible due to a spousal sponsorship application, can apply for an Open Work Permit from within Canada. It’s essential to review specific eligibility criteria based on individual circumstances.

Can family members accompany an Open Work Permit holder to Canada?

Yes, family members such as spouses, common-law partners, and dependent children can accompany the Open Work Permit holder to Canada. Accompanying spouses or partners may also be eligible to apply for their own Open Work Permit, and dependent children may study in Canada without a separate study permit, depending on their age and the province's regulations.

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