If you are a foreign worker in Canada with an employer-specific work permit, such as an LMIA-based permit or a seasonal agricultural work permit, it’s important to know that you have rights. Canadian law ensures that all workers, including temporary foreign workers, are entitled to a safe, respectful, and healthy workplace. If you are experiencing abuse or fear that you might be at risk, you may be eligible for special protections under Canadian immigration regulations.
What Is Considered Abuse?
Abuse in the workplace can take many forms. Any behavior intended to scare, control, isolate, exploit, or harm a worker may be considered abuse. This includes but is not limited to:
• Physical or sexual abuse
• Verbal, emotional, or psychological mistreatment
• Financial exploitation or withheld wages
• Threats, intimidation, or coercion
• Any action that violates your personal dignity or legal rights
Who Is Eligible for a Vulnerable Worker Open Work Permit?
You may qualify for an open work permit for vulnerable workers if you meet the following criteria:
• You are currently physically present in Canada
• You hold a valid employer-specific or LMIA-based work permit
• You are experiencing abuse or are at risk of being abused in your current job
This special permit allows you to leave your abusive workplace immediately and work for any employer in Canada, offering a pathway to regain control and stability.
What Evidence Can You Provide?
To support your application, you may submit a combination of the following documents and materials:
• A sworn affidavit outlining your experience
• Reports or complaints filed with police, CBSA, or the Employment Standards Branch
• A victim impact statement
• Screenshots of text messages, emails, or photos that demonstrate abuse
• Witness testimonies from colleagues or others aware of the situation
• Medical documentation from a physician or therapist
• Letters from abuse support organizations or community groups
Providing multiple pieces of evidence can help strengthen your case.
Is It Safe to Apply?
Yes. The application process is confidential. IRCC will not contact your employer while processing your application. Additionally, there is no fee to apply for this type of open work permit.
If your application is approved, you will receive an open work permit—allowing you to work for any employer in Canada. Your family members may also be eligible for open work permits or other immigration status adjustments.
While IRCC may choose to investigate your former employer, you are under no legal obligation to participate or provide additional information unless you choose to.
If you believe you are a vulnerable worker or are unsure about your rights, you are not alone. Contact our office for a free initial consultation. We can help you assess your situation, understand your options, and guide you through the process with compassion and confidentiality.
