Overview
The Open Work Permit for Vulnerable Workers (OWP-V) is a Canadian immigration measure that allows temporary foreign workers who are experiencing or are at risk of experiencing abuse in the context of their employment in Canada to apply for an open work permit — freeing them from the tie to the employer or employer-specific work permit that was creating or enabling the vulnerability. The OWP-V was introduced in June 2019 to address a systemic problem in the Temporary Foreign Worker Program: workers tied to a specific employer could face exploitation, abuse, or threats because they feared losing their work authorization if they left the abusive situation or reported it to authorities.
Applications are fee-exempt, submitted online, and assessed on the basis of evidence that the applicant is experiencing or at risk of abuse in their employment. For current eligibility requirements and the application process, refer to the IRCC OWP-V page.
Legal basis
- Immigration and Refugee Protection Regulations (IRPR) — special provisions for vulnerable workers
- IRCC: Open work permit for vulnerable workers who are victims of abuse — canada.ca/owp-vulnerable-workers
- IRCC: Who can apply for an OWP-V — canada.ca/owp-v-eligibility
How it works
Why the OWP-V was created
Employer-specific (or "closed") work permits tie a foreign worker to a specific employer — the worker can only work for that employer during the permit's validity. While this is standard practice under the TFWP and many LMIA-based work permits, it creates a structural vulnerability: a worker who is being mistreated, underpaid, or abused by their employer faces the prospect of losing their ability to work legally in Canada if they leave the employer, report the abuse, or take any action that disrupts the employment relationship. The OWP-V is a mechanism for these workers to obtain an open work permit without first having to leave Canada or find a new job, allowing them to exit the abusive situation safely.
Who is eligible
The OWP-V is available to foreign nationals who:
- Currently hold a valid employer-specific work permit (including LMIA-based and LMIA-exempt closed work permits) — the permit must be valid at the time of application
- Are in Canada at the time of application
- Are experiencing or are at risk of experiencing abuse in the context of their employment in Canada
Workers who have already left the abusive employer but whose permit was still valid at the time of the abuse, and workers who are at risk even if the abuse has not yet occurred, may also be eligible. For current detailed eligibility criteria, refer to the IRCC OWP-V eligibility page.
What counts as abuse
For OWP-V purposes, abuse is defined in the IRPR to include:
- Physical abuse: assault, forcible confinement, and similar physical harm or threats
- Sexual abuse: any sexual contact without consent
- Psychological abuse: threats, intimidation, harassment, controlling behaviour, humiliation
- Financial abuse: fraud, extortion, wage theft, illegal deductions
- Reprisals: threats or acts of retaliation against a worker who has complained, reported, or sought help regarding their employment conditions
The abuse must be in the context of employment — it is not limited to physical workplace settings but includes any abuse connected to the employment relationship. Workers who are threatened by their employer for raising concerns about wages, working conditions, or other employment rights are within scope.
Evidence requirements
The applicant must provide evidence that they are experiencing or at risk of abuse. Evidence may include:
- A statutory declaration describing the abuse or risk of abuse
- A letter or report from a social worker, healthcare provider, shelter worker, or other support professional who is aware of the situation
- A police report (if applicable — but applicants are not required to have made a police report to be eligible)
- Communications (messages, emails) that demonstrate threats, intimidation, or abusive conduct by the employer
- Other documentation relevant to the specific situation
IRCC assesses applications with sensitivity to the difficulty of collecting documentation in abusive situations — the standard is not that abuse is proven beyond doubt, but that the applicant provides credible evidence of experiencing or being at risk.
No fee
The OWP-V application is fee-exempt — the standard work permit application fee does not apply. This is intentional: requiring a fee would create a barrier for workers in financially precarious situations.
Outcome — open work permit
If approved, the OWP-V is an open work permit — the holder can work for almost any Canadian employer without restriction. This allows the worker to leave the abusive employer and find new employment without having to leave Canada, find a new LMIA, or wait for a new employer-specific work permit. The OWP-V is valid for a specific period set by IRCC and can be used while the worker considers their longer-term immigration options (including applying for permanent residence if eligible).
Confidentiality
IRCC treats OWP-V applications with sensitivity. The application itself does not automatically trigger notification of the employer or any enforcement action against the employer — though workers may choose to report their employer to ESDC (for TFWP non-compliance) or provincial labour authorities separately. Workers are not required to take any action against their employer as a condition of the OWP-V grant.
Related pages
The OWP-V addresses a well-documented vulnerability in temporary foreign worker programs globally — the structural power imbalance created when immigration status is tied to a specific employer. The most affected workers historically have been live-in caregivers, agricultural workers, and low-wage workers in isolated or residential employment settings. The OWP-V is an important protection but it is not a pathway to permanent residence on its own — workers who receive the OWP-V and wish to remain in Canada permanently need to pursue a separate PR pathway. For current guidance on applying, the evidence standard, and support resources, refer to the IRCC OWP-V page.