Open work permit

Is your spouse currently studying or working in Canada? Do you wish to join your spouse as well as be able to work in Canada? A successful Open Work Permit application will take you there.

Open Work permit

An open work permit is not job-specific and does not limit you to any employer. You, therefore, do not require an assessment from the Labor Market Impact Assessment (LMIA).

What this means is that you can work for most, if not all, companies in Canada. You are only allowed to work for companies in compliance with the labor requirements. You can also not work for companies with services like exotic dancing, erotic massage, or escort.

• Spouse/common-law partner who is being sponsored for Permanent Residence through
• an Inland Spousal application by their spouse in Canada an international student who graduated from a DLI and are eligible for the PGWP
• a student who is not able to meet the costs of his/her studies
• have an employer-specific work permit and are being ill-treated or at risk of being mistreated by the employer in Canada
• a permanent residence applicant in Canada
• a dependent family member of a permanent residence applicant in Canada
• spouse or common-law partner of a skilled worker or international student in Canada
• International Experience Canada (IEC) applicants
• spouse or common-law partner of Atlantic Immigration Pilot Program applicant
• a refugee, refugee claimant, protected person or their family member
• an individual who is under an unenforceable removal order
• a temporary resident permit (TRP) holder
• young worker who is participating in special programs

Regardless of where you apply for your work permit from, below are the minimum requirements you need to meet;

• Prove to the immigration officer you are financially stable to care for yourself and your family while in Canada and for your return
• Prove to the immigration officer you will leave Canada upon expiry of your work permit.
• Prove that your spouse (if an international student) is currently enrolled and studying at a publicly-funded educational institution
• If your spouse is currently working (includes working on PGWP) then the skill level of their job must be level 0, A or B and their work permit must be valid for a minimum of 6 months
• Prove you do not pose any danger Canada’s security
• Have no criminal record and obey the law
• Be in good health condition and provide a medical examination if needed.
• Should not have plans to work for an employer offering erotic dancing, erotic massage, striptease, or escort services
• Should not have plans to work for an employer who is listed as “ineligible” from the list of employers who have not complied with labor conditions
• Provide all the necessary documents that allow you entry into Canada

Adding Children to your Open Work Permit application if applying from outside Canada (for children of international students and workers in Canada)

Minor children who are going to school/not going to school will have to submit a separate application and fee to accompany you to Canada. There are 2 options:

• A study permit application should be submitted for school going children
• A TRV application to be submitted for children who are currently not going to or cannot go to school for few years. e.g. babies, toddlers.

Extending your Open work permit in Canada

Yes, you can extend your open work permit in Canada but have to do so at least 30 days before the expiry of the current permit. Also, one cannot extend their permit past the expiry date of their passport.

If you are working in Canada but want to live here permanently, you will need to apply for any of the permanent residence programs. You can get the Bridging Open Work Permit (BOWP) to help you keep working while waiting on the decision of your permanent residence application.

• Applicants of the Federal Skilled Workers
• Provincial nominees
• Applicants of the Federal Skilled Trades Program
• Applicants of the Canadian Experience Class

• Be currently in Canada.
• Hold a valid work permit that expires in 4 months.
• Apply for the BOWP
• Have positive feedback on your permanent resident application under the classes mentioned above

Restoration of Work Permit

If you could not apply for an extension and your work permit expires then you will be out of status. In such situation, you may be able to apply to restore your status as a worker only if,

• you apply for restoration within 90 days of losing your status
• keep meeting the requirements for your stay
• have met all the conditions listed on your work permit and not worked illegally
• pay your fees: restoration ($200), work permit ($155) and open work permit holder ($100) if you are applying for an open work permit

If your family members have also lost their status then they need to submit a separate restoration application. You and your family members need to stay in Canada while the application is being processed. You cannot work unless your status or your family member’s status has been restored successfully.

Traveling outside of Canada while your application is being processed

If you have to travel outside of Canada and re-enter then you will need a visitor’s visa or an Electronic Travel Authorization (eTA). A visitor visa or eTA does not guarantee entry in Canada as the border service officer needs to be convinced that you meet all the requirements.

You only need an eTA and valid passport if you are from a visa-exempt country. You don’t need a valid visa if you visited and are returning directly from United States or St. Pierre and Miquelon.

Fees for Open Work Permit

The total fee is work permit fee ($155) + open work permit holder fee ($100) = $255 A Biometrics fee is $85 is also applicable.

Applying for a work permit can be tedious, especially dealing with all the paperwork. To increase your chances of making an excellent application, you can book a consultation with us.