Open Work Permit

What is an Open Work Permit?

“An open work permit is a work permit that is not job specific.”

Because it is not job-specific, you will NOT need the following when you apply for your work permit.

Ø  A Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada; OR

Ø  Proof that an employer has submitted an offer if employment through the Employer Portal and paid the employer compliance fees

Who is eligible to apply for an open work permit?

Ø  Live In Caregivers who have met the criteria for R113.

Ø  Members of the Spouse or Common Law Partner in Canada Class who have met the requirements of R124.

Ø  Persons upon home protection has been conferred in accordance with A95(2) – Convention Refugees, successful Pre-Removal Risk Assessment (PRRA).

Ø  Persons who have filed an application for H&C for whom one or more eligibility or admissibility requirements have been waved under A25(1).

Ø  Family members of the above applicants.

LMIA exemption code A75, R205(a) – International Mobility Program.

Ø  Bridging Open work permits for qualifying foreign nationals who are currently in Canada and have met eligibility requirements

Ø  Work Permit renewals and extensions for certain Quebec Selection Certificate (CSQ) holders

LMIA exemption code C20, R205(b) – Canadian Interest, Reciprocal Employment

Ø  Canada World Youth Program.

Ø  Resiprocal agreements covering family members of military personnel.

POST-GRADUATE Work Permits for International Students in Canada

­A PGWP IS A ONCE A LIFE-TIME OPPRTUNITY.

WHEN CAN A STUDENT APPLY FOR POST GRADUATE WORK PERMIT?

Ø  It can only be applied for one time, and the application must be made within 90 days of finishing a program of studies.

Ø  If a graduated student doesn’t apply for it, or doesn’t use while it was valid, then the student has squandered a great opportunity to obtain skilled Canadian work experience.

Ø  International students may obtain an open work permit, with no restriction on the type of employment and no requirement for a job offer. ­ ­In addition, the duration of the work permit has been extended to three years across the country. ­ A minimum of one year work experience in managerial, professional or technical positions (i.e. at level O, A or B under the National Occupational Classification/NOC system) will be necessary to apply to stay permanently through the Canadian Experience Class.

Ø  Requirements:

Ø  Must have studied full-time for the 8 months preceding the completion of their program of studies and have graduated from a degree-granting institution;

Ø  Must apply within 90 days of receiving written confirmation that they have met the requirements of the academic program;

Ø  Must have completed and passed the program of study & received notification that they are eligible to obtain their degree, diploma or certificate;

Ø  Must have a valid study permit when they apply for the work permit.

Ø  If the program of study is less than 2 years but at least 8 months, the validity of the work permit will not be longer than the period of study. •Available only once • •For graduates of a 2-yr program (or longer), eligible for full 3-year Open Post-Grad Work Permit.

Work Permits for Spouses

Ø   Spouses/Common-law (including same-sex) Partners of persons on Study and Work Permits may qualify to obtain OPEN Work Permits

Ø  Spouses may obtain work permits for employment in the general labour market as long as:  §The foreign student is the holder of a study permit & attending a full-time post-secondary degree or diploma granting institution; or       •After graduation, the foreign student has a valid work permit valid for at least 6 months for a qualifying job •May work in general labour market. Positions in medical or childcare require medical examination.

LIVE IN CAREGIVER (NANNY) – OPEN WORK PERMIT

Who is eligible for a Live-in caregiver open work permit?

Eligibility for open work permits

Live-in caregiver under the program who have submitted an application for permanent residence under the class and have also submitted an application for an open work permit will be issued an open work permit under paragraph R205(a) (Canadian interests). This permit will be valid for a duration of up to four years(subject to passport validity). They do nit have to wait for approval in principle. This will give the caregiver the flexibility to pursue other employment while their application awaits assessment.

OPEN WORK PERMIT FOR SPOUSE OR COMMON LAW PARTNER OF TFW(TEMPORARY FOREIGN WORKER) IN CANADA.

CONDITIONS:

Ø  PA(Primary applicant) has six months contract or more

Ø  PA is doing a job at skill Level 0, A or B in the National Occupational Classification.

Ø  PA has Post-graduation permit.

Ø  PA works in a Pilot project (BC, Alberta, Yukon, Ontario)

OPEN WORK PERMIT FOR INLAND SPOUSE OR COMMON LAW PARTNER IN CANADA CLASS.

A PILOT PROGRAM

TO BE ELIGIBLE FOR AN OPEN WORK PERMIT, THE SPONSSORED PERSON MUST BE A SPOUSE OR COMMON LAW PARTNER LIVING IN CANADA WHO IS BEING SPONSERED UNDER THE INLAND SPOUSE OR COMMON LAW PARTNER IN CANADA (SCLPC) CLASS.

THE SPONSORED PERSON MUST HAVE VALID TEMPORARY RESIDENT STATUS (AS A VISITOR, STUDENT, OR WORKER) AND LIVE AT THE SAME ADDRESS AS THE SPONSOR.

BRIDGING OPEN WORK PERMIT(BOWP).

What is a Bridging Open Work Permit?

WORK PERMIT TO BRIDGE THE GAP BETWEEN THE EXPIRY OF THEIR CURRENT WORK PERMIT AND THE FINAL DECISION ON THEIR APPLICATIN FOR PERMANENT RESIDENCY (APR)

Who are eligible for a Bridging Open Work Permit?

Ø The Federal Skilled worker class (FSWC).

Ø  The Canadian Experience Class (CEC).

Ø  The Federal skilled trades class (FSTC).

Ø  The caring for children class or the caring for people with high medical needs class; OR

Ø  The provincial nominee class (PNC),  (no employer restrictions on nominations.)

Eligibility

Ø  The foreign national is currently in Canada.

Ø  Valid status on a WP that is due to expire with in 4 months.

Ø  Principal applicant on an application for permanent residency under the FSWP, the CEC, the PNP, or the FSTP.

Ø  Principal applicant has received a positive eligibility assessment on their PR application.