To be eligible for an open work permit in Canada, a foreign national must fall under one of the Labour Market Impact Assessment (LMIA) exemption categories. These categories are part of the International Mobility Program (IMP) and allow for the issuance of work permits without the need for an LMIA. Below are some of the key eligibility requirements and categories for open work permits:
Refugee Claimants and Those Under an Unenforceable Removal Order Individuals who have made a refugee claim or are under an unenforceable removal order may be eligible for an open work permit if they can prove that they cannot support themselves without working.
Applicants for Permanent Residence from Within Canada
Individuals who have applied for permanent residence from within Canada may be eligible for an open work permit. An permanent residency application has to be in progress. Applicants with active Express Entry profiles are not eligible.
Open Work Permit for Vulnerable Workers
Migrant workers in Canada who are experiencing or at risk of experiencing abuse in their employment situation may be eligible for an open work permit. Examples of abuse is posted on IRCC's website.
Humanitarian Reasons
Study permit holders who have become temporarily destitute due to circumstances beyond their control, can apply for an open work permit. Officer discretion can be used to determine the length of the open work permit to be issued based on the circumstances of each individual case. However, it should be noted that the duration of the work permit cannot exceed the end of the current semester or term of study.
International Experience Canada (IEC): Working Holiday Participants Agreements and arrangements are open to Canadian and foreign youth from with over 35 countries and territories, aged 18 to 35. The reciprocal nature of these agreements and arrangements qualifies foreign youth for an LMIA-exempt work permit. Depending on the IEC category, the work permit may be employer specific or open.
Family Members of Military Personnel
Family members of military personnel stationed in Canada may be eligible for an open work permit if a reciprocal agreement exists. Entry under reciprocal provisions should result in a neutral labour market impact.
Family Members of Foreign Representatives
Spouses, common-law partners and children of foreign representatives accredited in Canada may be eligible for an open work permit.
Professional Athletes
Professional athletes playing for Canadian teams who need to support themselves may be eligible for an open work permit. Applicants may provide evidence that an exchange program is in place and, depending on the balance of bilateral flow, may indicate that it is reciprocal in practice.
Family Members of Temporary Workers: This includes high-skilled workers [R205(c) – code C41], low-skilled workers [R205(c)(ii) – code C47 and C48], and economic class permanent resident applicants nominated by a province [R205(c)(ii) – code C49].
Spouses or Common-law Partners of Study Permit Holders
Spouses or common-law partners of individuals holding a Canadian study permit studying towards a Master's, PhD or certain professional programs may be eligible for an open work permit.
Bridging Open Work Permits [R205(a) – code A75]: Individuals who have applied for permanent residence and are waiting for a decision may be eligible for a bridging open work permit.
Public Policy for Spouse or Common-law Partner in Canada Class or Family Class Applicants
Individuals applying for permanent residence as a spouse or common-law partner in Canada may be eligible for an open work permit.
Post-Graduation Work Permits
Foreign nationals who held a study permit and were attending and completed a program that made them eligible for a post-graduation work permit (PGWP) at a designated learning institution (DLI) may apply for an open work permit
Co-op Work Permits
Students required to complete a co-op or internship as part of their study program may be eligible for an open work permit.
Home Child Care Provider Pilot or Home Support Worker Pilot Participants in these pilot programs may be eligible for occupation-restricted open work permits.
Quebec Selection Certificate (CSQ) Holders Currently Outside Quebec Individuals with a CSQ who intend to reside outside Quebec may be eligible for an open work permit.
Interim Pathway for Caregivers:
Principal applicants under the Interim Pathway for Caregivers who have received a positive eligibility assessment may be eligible for an open work permit under LMIA exemption code A70.
It is important to note that eligibility criteria can be complex and may change over time. Applicants should ensure they meet all the specific requirements for their category when applying for an open work permit.
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