Can I get an open work permit if my employer is mistreating me in Canada?
Yes. Canada's federal immigration regulations include a special open work permit for vulnerable foreign workers who are experiencing abuse — or are at risk of abuse — at the hands of their current employer. This protection exists so that workers are not forced to remain in exploitative situations just to preserve their immigration status.
Abuse in this context includes physical, sexual, psychological, and financial abuse. You do not need to have filed a police report or obtained a court order to apply, although evidence is helpful. IRCC reviews these applications on an expedited basis.
To apply, you fill out a special application stream with IRCC. Because the assessment involves your specific circumstances, the evidence you can provide, and the potential risks of applying (including contact with your employer), getting legal advice before applying is strongly recommended.
In Ontario, there are also provincial resources — including the Ministry of Labour and various worker advocacy organizations — that can assist alongside the federal immigration process. Your immigration status should not trap you in an unsafe situation: legal tools exist precisely for this.
Key takeaways
- A special open work permit exists specifically for workers experiencing abuse by their employer.
- Abuse includes physical, sexual, psychological, and financial mistreatment.
- IRCC reviews these applications on an expedited basis.
- Seek legal advice and connect with Ontario worker advocacy resources before applying.