Open work permit is an authorization for a person to work for any employer in Canada, for a set duration of time. In addition to this, there is no restriction on the type of occupation, that the person may take up. Regarding the issuance of an Open work permit, the application must be made under one of the Labour Market Impact Assessment (LMIA) exemptions only.
Another type of open work permit is known as a restricted permit which may carry certain limitations on the type of occupation or the location of the work, but not on the employer. As far as the application for an Open work permit is concerned, a foreign national may apply from outside Canada, at a Port of Entry or after arriving in Canada, which would also depend upon the requirements of the programs applied under.
There are different types of open work permits provided by Immigration, Refugees and Citizenship Canada i.e. IRCC. The different types are as follows: –
Unrestricted:
- An unrestricted open work permit has no restrictions on the foreign nationals with respect to their work preferences. The permit holders are free to work in any company, occupation or location that they like.
Restricted:
Under this category of the open work permits, a foreign national may be subject to certain limitations of working in a particular location or an occupation only.
If the applicant is subject to a medical condition, then restriction on the type of occupation may be applicable on the work permit:
Depending upon the category applied under, for e.g. a bridging open work permit under the provincial nominee class, restrictions regarding the location of work may apply on the work permit issued to the foreign national.
Application of an open work permit must be made under one of the categories of Labour Market Impact Assessment (LMIA) exemptions only. The categories are listed below: –
Canadian Inland applicants for Permanent Residence
Open work permits for a category of vulnerable workers
For Humanitarian reasons and considerations
Claimants of Refugee program and individuals having an unenforceable removal order pending against them
Certain workers who have been authorized to enter
Canada based on other reciprocal consideration:
Participants of the Canada World Youth Program
Participants of the Working Holiday program i.e. International Experience Canada. In addition to this, there are other specified and recognized organizations which may be able to apply for open work permits for their participants
Family members of defense personnel and representatives from foreign countries who may be LMIA-exempt, where certain reciprocal arrangements might exist
Exemption provided to certain professional athletes authorized to enter Canada, who would need to work in order to support themselves while they would be playing for their Canadian teams
- Certain eligible spouses or common-law partners of skilled workers
- Certain eligible spouses or common-law partners of individuals holding study permits for Canada
- Bridging required for an open work permit
- The open work permit pilot program issued for applicants for permanent residence under the spouse or common-law partner class
- Holders of Post graduate work permit i.e. PGWP
- Holders of Post-secondary co-op and secondary co-op programs
Further discussing about the fee for an open work permit, the Immigration, Refugees and Citizenship Canada i.e. IRCC collects certain processing and collection of fees as per the schedule below, which was issued on February 21, 2015
- For an individual, there would be a fee of $155
- For a group of performing artists (three or more people) and their staff would have to pay a fee of $465
- The employer has to pay a compliance fee of $230
- The employer’s compliance fee is capped to a maximum of $690
- The open work permit holder will have to pay a fee of $100
There are certain categories of applicants who may be eligible for a fee exemption. The information on these categories can be found in the Coding handbook for open work permits issued by Immigration, Refugees and Citizenship Canada i.e. IRCC
To initiate the processing of this permit, a completed application for a work permit (IMM 1102B) along with the suggested fee will be required. The upfront payment of the fees will be required unless the application is eligible for fee-exempt category. In case the client is eligible for the exemption of the fees, the fee exemption code must be mentioned on the application and sent further for processing.