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News
June 19, 2019

Get an open work permit

Jamaica To Canada

Dear Mr Brown:

I am currently on the Farm Work Programme in Ontario. The employer has us working very long hours and if we protest he threatens to fire us, forcing us to return to home. I am wondering what is the best move.

– WB

Dear WB:

There have been many reported cases of foreign workers who find themselves in abusive or exploitative situations. To address the matter, Canadian Immigration Minister Ahmed Hussen recently announced that workers in these situations will now be able to apply for an open work permit, allowing them to to seek a different employer, without the fear of having to leave Canada.

Regular work permit

With regards to applying for a permit, it is now possible for you to apply for an open work permit. In general, as you may know, a work permit is a written authorisation to work in Canada based on a specific position with a specific employer. It is normally subject to restrictions, such as:

• The type of employment in which the foreign worker may work;

• The employer for whom the foreign worker may work;

• The location where the foreign worker may work; and

• The length of time the foreign worker may work.

Open work permit

An open work permit is not job-specific or employer-specific. Holders of such permits may seek and accept employment to work for any employer for a specified period of time. Therefore, they do not need a confirmed offer of employment. However, there may be some restrictions, such as: length of time that the foreign worker may work in Canada or the location where the foreign worker may work.

Since I am not certain of the details of your situation or working condition, as a quick general response to your query, I can state that you do not have to remain in an employment situation in Canada that undermines your employment rights for fear of having to leave Canada prematurely. I would advise you to report the matter as soon as possible. Should you require assistance with an application feel free to contact me.

Please visit JAMAICA2CANADA.COM for additional information on Canadian Permanent Residence programmes, including express entry, the study & work programme, visas or appeals, etc.

– Antonn Brown, BA (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM— a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.

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