The open work permit in Canada: what you need to know this year 2024

In this year 2024, the Canadian immigration landscape has proven to be, more than dynamic, complex, not only because of the amount of new requirements in terms of economic funds, attestation letters, temporary residence permits, etc, that the foreigner must know, but also because of the diversity of options that the country has for the benefit of immigrants, which makes the scenario run between the complex, the dynamic and the advantageous at the same time. 

All of the above leads us today to develop an interesting topic associated with the open work permit in Canada, the changes in the law, as well as the great benefit that comes with having one of them, the reason, these permits are a synonym of labor freedom to choose one or another employer, company and even province! In fact, it is called "open" because of that wonderful amplitude that contrasts with the work permit when it is closed. Let's take a look at what you and your partner, if you have one, should know when it comes to this valuable immigration document.

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What is an open work permit?

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An open work permit is an authorization document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows foreign nationals to work for any Canadian employer of their choice, without the need for a specific job offer. Unlike closed work permits, which are tied to a single employer, an open work permit gives individuals the freedom to pursue employment opportunities in a variety of sectors and locations within Canada.

What are the advantages of the open work permit?

Open work permits in Canada offer several advantages for foreign workers and the biggest of them lies precisely in:

• The freedom of movement that the worker has, whether between workplaces, employers, occupations or locations in Canada. 

• Exemption from certain requirements associated with obtaining a permit to work in Canada. 
• The fact that it is not necessary to have a job offer or a positive labor market impact assessment (LMIA) to be eligible for an open work permit.

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Are there any additional requirements for an open work permit?

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As always, in all immigration procedures there are exceptions, so foreign workers should be aware that some open work permits include additional requirements that must be met in order to obtain it. This is associated with your profile and the way in which you apply for such permit. Read our article Points per offer, LMIA exempt and Express Entry for more information.

If you have any doubts about this issue, you can request the assistance of a CICC-regulated immigration consultant from the Immiland team. Quote here.

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What was the change for the open work permit this 2024?

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In the month of January 2024, there was a change in the law for study immigrants and their partners who are planning to come to Canada and have not applied for a visa and/or study program. 

Now, only certain programs apply to people from any country who are married, cohabiting or in a common-law relationship, have lived together for at least 12 months, and plan to come to study at a college. If you wish to travel to Canada to study with your partner, be aware that only certain programs will allow your partner to apply for an open work permit. Read this article about study programs that allow your partner to apply for an open work permit.

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In what immigration context are you eligible for an open work permit?

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You may be eligible for an open work permit if you fall into one of the following categories:

• Is an international student who has graduated from a designated educational institution and is eligible for a Post Graduate Work Permit (PGWP).
• You have applied for permanent residence in Canada under one of IRCC's immigration programs.
• A dependent family member (e.g., spouse or domestic partner) of a person who has applied for permanent residence.
• It is the spouse or domestic partner of a qualified worker.
• Is the spouse or domestic partner of a master's or doctoral student.
• Holds a temporary resident permit.
• You are a refugee, asylum seeker, protected person or family member.
• You are under an unenforceable expulsion order.
• He is a young worker participating in the Vacation and Work program. 
• You are a student who is unable to cover the costs of your studies.
• You have a specific work permit for your employer and you are being abused or are at risk of being abused in the course of your employment in Canada.

If you have questions about these scenarios and would like to consult with our ICAC-regulated team, please write to us at info@immilandcanada.com or fill out the contact form.

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What categories exist for an open work permit in Canada?

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In Canada, there are several categories in the immigration work environment involving those who need an open work permit, these are classified as:

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1. Open work permit for spouses/domestic partners: 

Spouses or common-law partners of Canadian citizens or permanent residents may apply for this type of open work permit while their partner sponsors them for permanent residence; this scenario encourages economic integration and family reunification.

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2. Post-graduation work permit: ‍.

Graduates of eligible Canadian institutions can obtain a Post Graduate Work Permit (PGWP) after completing their studies. The PGWP offers recent graduates the opportunity to gain valuable work experience in Canada and potentially transition to permanent residency through various immigration pathways.

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3. Refugee claimants: 

Individuals who have filed a refugee claim in Canada may also be eligible for an open work permit, which allows them to support themselves financially while their asylum claim is being processed. This provision helps refugee claimants integrate into Canadian society and contribute to the Canadian economy during their immigration transition process.

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4. Holders of temporary resident permits: 

Foreign nationals with these permits (known as TRPs), due to their inadmissibility to Canada for medical or criminal reasons, can receive open work permits to help support them during their stay in this country. This facilitates the rehabilitation and reintegration of people with past inadmissibility problems.

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5. Dependent children of foreign diplomats:

Children of foreign diplomats stationed in Canada may be eligible for open work permits, which will give them the opportunity to gain valuable work experience in Canada while accompanying their parents on diplomatic assignments.

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6. Participants of the International Experience Program in Canada: 

Young adults participating in this program (IEC), which facilitates temporary work and travel experiences for people from partner countries, may also be eligible for open work permits under specific categories such as the Vacation and Work program.

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7. Open work permit for international student partners in eligible programs:

If the foreign national outside Canada has made an application after March 19, 2024, then he or she must meet a number of specific conditions in order for his or her spouse to be eligible for an open work permit. To do so, he or she must be studying in:

• A master's or doctoral program at a university or polytechnic institution or one of the following professional degree programs at a university:

• Doctor of Dental Surgery (DDS, DMD)
• Law Degree or Doctor of Jurisprudence (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)

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Are there any documents that the couple must provide in their application?

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Since this is a procedure that relates both parties to the application, the couple must include:

• A valid letter of acceptance from your designated learning institution (DLI).
• A letter of enrollment from your DLI.
• Records of your current program.

Read our article Study Master's Degrees to travel with your partner to Canada and expand this information.

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As you may have read, the application process for an open work permit varies depending on the circumstances and location of the foreign national, and whether you are applying inside or outside of Canada, to initiate the application you must submit specified forms and pay the appropriate fees, including the open work permit holder and processing fees.

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At Immiland Canada, we strongly recommend that you ensure that you meet the specific eligibility requirements established by IRCC for your respective immigration category; many times, applicants begin the process unsure of their own immigration circumstances and fail to attach important supporting documents, such as proof of spousal/common-law relationship, or evidence of graduation for PGWP applicants, etc., and this results in unnecessary delays or errors.

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If you are in the process of immigration and would like the guidance of an Immiland certified advisor, do not hesitate to contact us through the form, click here. You can explore the wide variety of services offered by Immiland for foreigners who want to live, study and/or work in Canada. At the bottom of our official website https://www.immilandcanada.com/servicios, you will find our classified services. Good luck in your new job!

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With love,

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Immiland