An open work permit enables an individual to work for any employer for a certain period of time. There may be a restriction on the location or occupation if you hold an open restricted permit, but it does not put any restriction on the employer for whom you can work. This permit can be issued from a Labor Market Impact Assessment (LMIA) only to a foreign national exempt. An individual can apply for this permit from outside Canada or even after the arrival in the country or at the port of entry, as per the requirements of the programs.
Advantages of Open Work Permit in Canada
Under the immigration rules and regulations, there are many advantages of open work permit. Open Work Permit is required by common-law partners and foreign spouses of foreign students and temporary foreign workers who wish to work in Canada.
Open work permit for international students
For international students, open work permits are available through various programs and the Post-Graduation Work Permit Program is one such name.
In December 2014, a Pilot program has been introduced that enables common- law partners and spouses sponsored through the Inland Spousal/Common-Law Partner Sponsorship Category of the Family Class to be granted with the open work permit.
While the process of application for the permanent residence is expected to change, the open work permit can be granted.
Eligibility criteria for Open Work Permit for spouse of students
In order to be eligible for an Open Work Permit, the common-law partner or spouse of a foreign student cannot be full-time students themselves. At the same time he/she must demonstrate that:
- The foreign student is a holding a full-time at a degree-granting/diploma, i.e. post-secondary and publicly-funded educational facility.
- The foreign student is holding a valid permit for job which is related to her or his studies.
The open work permit for common-law partners and spouses are issued with a valid date. This date coincides with working period and they are allowed to stay in the country for work and study only for the mentioned tenure.
Who are eligible for the open work permit in Canada?
As per the Canada immigration regulations, application for the open work permit can be given by the following:
- The common-law partners or spouses of foreign temporary workers
- International students who hold a graduation degree from any Canadian post-secondary institution.
- The common-law partners or spouses of foreign students
Graduating international students in order to be eligible to get the open work permit need to fulfill the needs under Post-Graduation Work Permit Program.
Again, when it comes to eligibility factor of a common-law partner or spouse of a foreign temporary worker the following criteria needs to be fulfilled:
- The lead temporary foreign worker holds an employment in the city of Canada, i.e. at the management level, or as a skilled or technical tradesperson, or in a professional occupation. As per the National Occupational Classification, the skill level of the main temporary foreign worker must be at level A, 0 or B. This skill level is not necessary for the main temporary foreign workers who are nominated by the province or provincial nominees for permanent residence.
- The major temporary foreign worker can get permission for the tenure of 6 months to work in Canada.
What is the fee for obtaining an open work permit- Exemption to pay the fee for Open Work Permit?
A certain amount is payable to get the rights and privileges of an open work permit. Subsection R303.2 (1) requires an individual to pay the fee if he has the intention to work under section 205 or 204, or does not have any employment offer.
Pay exemption is also available for the open work permit holder fee for certain specific reasons. The list of exemptions is available under Subsection R303.2 (2).