Inside: Applying for work permits to Canada can be frustrating. Moreso, choosing open versus work permits.
Understanding the differences between an open work permit, and a closed work permit as you plan to come to Canada to work can take time, conscientious effort, and experience.
Many people think that they don’t have a choice whether to go for the open, or closed permit. Unfortunately, the choices become slimmer or non-existent because the decision was made out of desperation.
But you can make informed decisions and decide wisely.
Using Q & A will be better as there’s plenty of information on this matter. Words can look simple enough, but the reality can be only understood when workers arrive in Canada and are dealing with employers and the work places.
What’s on paper may not match the actual conditions of work.
Q: What is an open work permit?
A: The official link of the Government of Canada, cites that an open work permit lets you work for any employer, except for one that either
- is listed as ineligible on the list of employers who have failed to comply with the conditions, or
- regularly offers striptease, erotic dance, escort services or erotic massages. You can only get an open work permit in specific situations.
As the word “open” suggests, we tend to think this one is easier compared to the “closed” work permit. While this may be true, it also has its own challenges.
Q: Is the open work permit easier in some ways?
A: Open work permits are not job-specific, so your employer doesn’t need
- a labour market impact assessment (LMIA) from Employment and Social Development Canada
- proof that an employer has submitted an offer of employment through the Employer Portal and paid the employer compliance fee
The employer will not have to do much paperwork, so this aspect of the process is the easy part.
Q: When can you apply for the open work permit?
A: You may be eligible for an open work permit if you
- are an international student who graduated from a designated learning institution and are eligible for the Post-Graduation Work Permit Program
- are a student who’s no longer able to meet the costs of your studies (destitute student)
- have an employer-specific work permit and are being abused or at risk of being abused in relation to your job in Canada
- are a dependent family member of someone who applied for permanent residence
- are the spouse, common-law partner or dependent child of a low- or high-skilled worker
- are the spouse or common-law partner of an international student
- are the spouse or common-law partner of an applicant of the Atlantic Immigration Pilot Program or the Atlantic Immigration Program
- are a refugee, refugee claimant, protected person or you’re their family member who are under an unenforceable removal order
- are a temporary resident permit holder
- are in Canada and being sponsored as a spouse, common-law partner, conjugal partner or accompanying dependent child
- are a Quebec investor who received a Quebec Notice of Intent to Select
Please take note that some of the bullet points above are applicable only if the applicant for open work permit is already in Canada.
Related post: How to Come to Canada ( Choose your Best Pathway )
Q: What are the challenges of “open” work permit?
A: Each situation you have based on the bullet points above present unique issues or challenges. One, in each of these situations in the above bullet points, you must meet additional criteria to be eligible.
For example, the second bullet is written down as “no longer able to meet the costs of your studies” can be tricky as the government will make sure you have sufficient funds for your schooling before you even get approved for the permit to study in Canada. This situation can present many challenges that may be difficult to justify or prove because the rationale is you originally came to Canada to study, not to work.
Watch this interview of an international student.
Q. Who pays for the fees in open work permit?
A: In most cases, you will have to pay the open work permit holder fee at the same time that you pay the work permit fee, says the IRCC.
Q: How long does it take for processing a work permit, once application is submitted?
A: IRCC posted that it takes 8 weeks from an applicant from the Philippines for processing work permit. And, they prioritize the applications for essential occupations, maybe for I.T. high demand positions, for example.
The processing time can be longer than 8 weeks.
Some people research, speak to contacts and seek social media to find out how long people waited for getting a work permit. This is alright. However, not all stories that you hear are accurate and will apply to your case 100%.
Watch this interview of an applicant who came on a work permit.
Q: Which situation among the bullet points above seem to be easy and can be explored?
A: Bullet point # 4: You are a dependent family member of someone who applied for permanent residence. When you are a dependent of an applicant for PR (permanent resident), then you can start applying for the open work permit which can entail work – researching your field, checking your qualification, collecting your documents, reviewing your documents, preparing to submit documents online and having the funds to pay fees.
Some people may not resort to this path as they would rather wait for the PR application to be approved, arrive in Canada, then apply for work as permanent residents.
This may be advisable if the PR approval is taking four (4) years or longer to be obtained. Meanwhile, the dependent may be issued a visa and work permit and can leave for Canada earlier than the 4-year period.
This a route many applicants don’t seem to take.
Q: What about the closed work permit?
A: To obtain a closed work permit, individuals generally need a valid job offer from a Canadian employer.
The employer will have to undergo a Labor Market Impact Assessment (LMIA) process, demonstrating that hiring a foreign national is necessary and that no Canadian citizen or permanent resident is available to fill the role.
Q: What is the disadvantage of the closed work permit?
A: The closed permit is the opposite of the open permit – one can’t work for just anyone or any employer with a closed permit. You work for the employer only who issued the LMIA approved job offer.
This is where it becomes risky unless you found an employer that remained true to all the conditions of the contract.
Q: Has there been a case where an employer did not follow what was agreed upon and signed by parties in the contract?
A: Yes, in Etobicoke, Ontario, there’s a recent case of an employer who owns a Canadian Tire store who promised to pay $20.00+ per hour wage, but when the worker arrived, was paid only $16.00+ per hour. Moreover, this same worker was made to work long hours and was treated poorly at the workplace.
Q: Why do this happen?
A: Sadly, this is the reality of workplaces where employers are not as responsible and committed to fair employment. The store owner of this Canadian Tire franchise looks like also of immigrant background from another country.
There is an on-going investigation of this case where this employer denied the low wage, reneged contract and disrespect of workers.
Side note: Canadian Tire Corporation, Limited is a Canadian retail company which operates in the automotive, hardware, sports, leisure and housewares sectors. Canadian Tire stores operate as a franchise system, with most locations owned and operated by independent business owners.
These dealers don’t need to purchase the physical store but have the freedom to manage it as they want.
Q: Are reputable brands or companies a guarantee of good employers?
A: No, not all the time, as in this case of the Canadian Tire. The franchise owner obviously managed his store, but maltreating workers and breaking the contract. This is why doing research, asking, consulting with experienced people is needed before making decisions.
Q: What are the sectors that can have employers that are more abiding of contracts, safe and supportive of workers?
A: Professional level, regulated occupations such as the nurses can be expected to have government employers in hospitals that abide by contracts, offer safe workplaces and support you.
The retail sectors can be at times unreliable such as the case of the Canadian Tire store in Ontario.
Q: What are the steps to getting the valid job offer?
A: First and foremost, ask yourself if the closed work permit is what you really want. If the research and decisions are not thorough, then you may be taking a lot of risks. Practice due diligence, be vigilant and plot your next move wisely. If in doubt, reconsider your decision.
Discussing the differences between work permits can be complex, and in words, may seem straightforward and simple enough.
Workers get to find out what will really happen once they’ve arrived and start working. “Once workers arrive in Canada, they don’t know better,” according to the Centre for Newcomers in Alberta.
This is really important
Adhering strictly to the conditions of the work permit is absolutely vital, says Paxlaw, an immigration agency. Failure to do so can result in serious repercussions.
Firstly, there is the risk of permit revocation, stripping the individual of their legal working status.
Subsequently, this could escalate to deportation, forcibly removing the individual from Canada.
Lastly, and perhaps most significantly, non-compliance might lead to future inadmissibility, barring re-entry into Canada for an extended period, if not permanently.
If you have more questions, please don’t hesitate to contact us at Canada Bound Coaching.
Our email: admin@canadaboundcoaching.com
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