Open work permits for vulnerable workers [R207.1 – A72] – International Mobility Program (IMP)

melo Uncategorized February 13, 2026 | 0

These instructions apply to IRCC employees. Given that temporary foreign workers cannot submit their applications at the port of entry, the instructions do not apply to border services officers.

Note: Applications for this work permit cannot be made at an IRCC office outside Canada.

The instructions on this page should be reviewed in conjunction with:

Temporary foreign workers in Canada on valid employer-specific work permits who are experiencing abuse, or who are at risk of abuse, in the context of their employment in Canada may be eligible to receive an open work permit that is exempt from the labour market impact assessment (LMIA) requirement, per subsection 207.1(1) of the Immigration and Refugee Protection Regulations (IRPR).

Applying for an open work permit in situations of abuse

Temporary foreign workers must apply directly to IRCC by filling out a work permit application online.

Temporary foreign workers should include in their online application a letter of explanation detailing the abuse or risk of abuse and any other supporting evidence of the abuse if applicable (see below for examples of evidence). They are encouraged to use the Letter of Explanation – Open Work Permit for Vulnerable Workers [IMM 0017].

For applicant instructions, consult Open work permit for vulnerable workers who are victims of abuse - Canada.ca.

In addition, temporary foreign workers may communicate with IRCC in the following ways to request information on obtaining an OWP-V:

contacting the Client Support Centre (CSC) to request more information
- If the temporary foreign worker wishes to apply for an open work permit, the CSC must instruct them to apply online. Once the online application is received, the relevant IRCC office will contact the applicant with an interview date when an interview is required, request further information when needed, etc.
presenting themselves directly at an IRCC office to request information on how to apply
- Temporary foreign workers are able to present themselves directly at an IRCC office during working hours, similar to refugee claimants. Temporary foreign workers who use this service are only provided with information on how to apply for an open work permit. However, if a temporary foreign worker has a disability and cannot apply online, or if there is an IRCC system outage that prevents a temporary foreign worker from applying online, they may use existing paper forms and present themselves at an IRCC office or contact the CSC.
  
  Note: IRCC employees are not allowed to assist temporary foreign workers with filling out forms.
contacting relevant support organizations, such as settlement service providers or enforcement agencies, for assistance
- Settlement service providers and other support organizations are encouraged to provide support to workers making applications to IRCC. Settlement service providers and enforcement agencies should refer temporary foreign workers to the IRCC website, the CSC or the closest IRCC office to find more information on how to apply.

Examples of enforcement agencies include

the CBSA
the Royal Canadian Mounted Police (RCMP)
the Royal Canadian Mounted Police (RCMP)
human rights tribunals
provincial employment standards branches and divisions (British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Prince Edward Island)
the Ministry of Labour (Ontario)
the Commission des normes, de l’équité, de la santé et de la sécurité du travail (Quebec)
labour standards divisions (Nova Scotia, Newfoundland and Labrador)

Note: Where an open work permit application is received and it is later determined that the application was referred to the Vulnerable Persons Unit (VPU) for processing in error as it is not an OWP-V application, officers should be sure to clearly explain this in the notes tab in GCMS and remove the special program code “VWOWP” before returning the application to the Case Processing Centre in Edmonton (CPC-E).

Eligibility

The policy objectives of this provision are

to provide temporary foreign workers in Canada who are experiencing abuse, or who are at risk of abuse in the context of their employment, with a new work authorization so that they can find new employment
to mitigate the risk of temporary foreign workers in Canada leaving their jobs and working irregularly (that is, without authorization) as a result of abusive situations
to facilitate the participation of temporary foreign workers who are experiencing abuse, or who are at risk of abuse, in any relevant inspection of their former employer, recruiter or both, if they choose to do so
to help temporary foreign workers in assisting authorities, if required (noting that this is not required for the issuance of the open work permit), by reducing the perceived risk and fear of work permit revocation and removal from Canada

Work authorization

To be eligible under R207.1(1) (administrative code A72), at the time they apply, temporary foreign workers must be in Canada and must either

have a valid work permit that is LMIA-required and issued under subparagraph R200(1)(c)(iii) (including work permits issued under the Seasonal Agricultural Worker Program [SAWP]);
have a valid work permit that is LMIA-exempt, employer specific and issued under subparagraph R200(1)(c)(ii.1); or
have applied to renew one of these types of work permits under subsection R201(1) and be currently authorized to work in Canada under paragraph R186(u) (maintained status)

Important: As per subsection R200(3.1), paragraph R200(3)(e) does not apply to temporary foreign workers referred to in subsection R207.1(1) who have engaged in unauthorized work or failed to comply with a condition. In other words, officers who have reasonable grounds to believe that the temporary foreign worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada and meets the other requirements of R207.1(1) should not refuse to issue the open work permit on the basis that the temporary foreign worker has engaged in unauthorized work or has not complied with a condition.

Context of employment

Officers must have reasonable grounds to believe that the temporary foreign worker is experiencing or is at risk of experiencing abuse in the context of their employment in Canada. Temporary foreign workers who have left an abusive employment situation before applying for this work permit are still eligible, as long as their employer-specific work permit is still valid or they are on maintained status. Generally, the employment context does not include abuse taking place in someone’s private dwellings (with the exception of workers who live in housing or accommodation provided by the employer). On the other hand, the employment context is not limited to abuse directly at the hands of the employer on record as abuse can also take place at the hands of co-workers and recruiters.

Experiencing abuse or being at risk of experiencing abuse

Both temporary foreign workers who are experiencing abuse and temporary foreign workers who are at risk of experiencing abuse in the context of their employment are eligible for an open work permit. “At risk” includes temporary foreign workers who left an abusive employment situation and would be at risk of experiencing abuse if they returned to that employment situation.

The onus is on the temporary foreign worker to provide evidence of the abuse they are experiencing or the broader circumstances in which they find themselves and to demonstrate how these broader circumstances are making them believe or fear they could be at risk of experiencing abuse.

Definition of abuse

For the purposes of this process, “abuse” is defined in section R196.2(1).

Abuse consists of any of the following:

physical abuse, including assault and forcible confinement
sexual abuse, including sexual contact without consent
psychological abuse, including threats and intimidation
financial abuse, including fraud and extortion
reprisals

“Reprisal” is defined in subsection R196.2(2) as consisting of any measure that is taken by or on behalf of an employer against a temporary foreign worker referred to in subparagraph 200(1)(c)(ii.1) or (iii), and that adversely affects the temporary foreign worker’s employment or working conditions, because the temporary foreign worker has reported that the conditions set out in section 209.2 or 209.3 have not been complied with or because they have cooperated in good faith with an inspection conducted under section 209.7, 209.8 or 209.9.

Examples of reprisal include (but are not limited to) the following:

a disciplinary measure
a demotion
a dismissal
any threat to take any of the measures mentioned above

Examples of abuse

The definitions and examples below are not exhaustive. Other types of physical, sexual, psychological and financial abuse and reprisals may also be taken into consideration.

Type of abuse	Description	Examples
Physical abuse	Physical abuse generally involves physical contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or bodily harm, but it can also include conditions harmful to physical health.	hitting, beating, slapping, punching, choking, burning, pushing or shoving a temporary foreign worker in a way that results or could result in injury confining a temporary foreign worker (habitual residence or other) subjecting a temporary foreign worker to living conditions in employer-provided accommodations that are unsafe or unsanitary or pose a risk to the temporary foreign worker’s health forcing or pressuring a temporary foreign worker to work under conditions that are unsafe or pose a risk to their health forcing a temporary foreign worker to engage in drug or alcohol use or illegal behaviour against their will and possibly creating dependencies
Sexual abuse	Sexual abuse generally encompasses any situation in which force or a threat is used to obtain participation in unwanted sexual activity, as well as coercing a person to engage in sex against their will.	forcing or manipulating a temporary foreign worker into having sex or performing sexual acts forcing a temporary foreign worker to perform unsafe or degrading sexual acts using physical force to compel a temporary foreign worker to engage in a sexual act against their will using physical force, weapons or objects in non-consensual sexual acts involving other people in non-consensual sexual acts exposing, suggesting, attempting or completing a sexual act involving a temporary foreign worker who is unable to understand the nature or condition of the act, unable to decline participation or unable to communicate unwillingness to engage in the sexual act (for example, because of illness, disability, the influence of alcohol or other drugs, intimidation or pressure)
Psychological abuse	Generally, psychological abuse is a pattern of coercive or controlling behaviour, iterated threats or both.	insulting, intimidating, humiliating, harassing, threatening (including with respect to immigration status or deportation), name-calling, yelling at, blaming, shaming, ridiculing, disrespecting or criticizing a temporary foreign worker controlling what a temporary foreign worker can and cannot do threatening a temporary foreign worker with murder intimidating, threatening or harming a temporary foreign worker with a knife, gun or other object or weapon using religious or spiritual beliefs to manipulate, dominate or control a temporary foreign worker
Financial abuse	Financial abuse is generally described as a form of abuse where one person has control over the victim’s access to economic resources. It can also involve situations where facts are misrepresented or information is withheld for the financial benefit of one party and at the detriment of the victim.	failing to pay wages owed to the temporary foreign worker (excluding cases of clear pay errors that have been rectified by the employer) stealing or taking a temporary foreign worker’s money, salary or cheques, or coercing them into giving these things up controlling or limiting the temporary foreign worker’s financial resources withholding money or credit cards exploiting a temporary foreign worker’s financial resources requiring a temporary foreign worker to deposit money into their bank account for fraudulent purposes closely monitoring how a temporary foreign worker spends money destroying a temporary foreign worker’s property spending a temporary foreign worker’s money without their consent charging a temporary foreign worker fees for a job that doesn’t exist short-term layoff or lack of work where the employer was aware that the layoff would occur during the employment contract and the temporary foreign worker only found out after they started working
Reprisal	Reprisal consists of any measure that is taken by or on behalf of an employer against an employee that adversely affects their employment or working conditions and that was done because the employee reported that conditions have not been complied with or cooperated with an employer inspection.	If done in response to the temporary foreign worker reporting conditions or cooperating with an employer inspection: imposing a penalty (for example, transfer of work location or reduction of hours or benefits) disciplinary action (for example, suspension or probation) termination of employment intimidation or coercion demotion in work level or title threatening to take any of the measures above

Abuse and risk of abuse may include but are not limited to the following:

The employer, a third party or both have abused the temporary foreign worker by charging them job placement or recruitment fees based on false promises or misleading information (fraud), or are otherwise threatening, controlling or exploiting the worker.
The temporary foreign worker is unwittingly a victim of a fraudulent job offer or unethical recruitment (such as paying large sums of money for a positive LMIA, being paid reduced wages to cover the “cost” of a positive LMIA, or having no job when arriving in Canada).
The temporary foreign worker is repeatedly harassed (for example, unwanted physical or verbal behaviour that is offending or humiliating) by a co-worker in their workplace.
The temporary foreign worker is threatened by their employer if they complain about their work conditions.
The temporary foreign worker has exited an abusive situation but would be at risk of abuse if they returned.
The temporary foreign worker is forced or pressured to perform work that contravenes the conditions of their work permit (for example, working for a different employer than stated on the permit or performing different job duties), recognizing that this is a form of coerced engagement in illegal activity, and may be accompanied by or enable further threats, intimidation and abuse.
The temporary foreign worker may not be directly experiencing abuse but may be in a situation where their co-workers are being abused by their employer, putting them at risk of experiencing an abusive situation.

Note: Officers should ensure that they carefully assess each situation on a case-by-case basis and consider all facts and evidence when determining whether the temporary foreign worker is experiencing or is at risk of experiencing abuse, including requesting an interview or further information from the temporary foreign worker when warranted.

Examples of situations that may not constitute abuse

Generally, the following situations would not meet the requirements of the OWP-V, as they would not constitute abuse. However, officers should ensure to process each application on a case-by-case basis.

The temporary foreign worker was laid-off due to a lack of work or situation outside the employer’s control (e.g., bankruptcy, business closures, cutbacks), where the lay-off was conducted in a fair and non-abusive manner.
Termination of employment for cause (i.e., the reason the employment was terminated is reasonable and non-abusive).
Fraudulent job offers where the temporary foreign worker was aware that there was no job for them in Canada (e.g., the temporary foreign worker paid for a job offer when they knew they would have to find other employment when they arrived in Canada because the job does not exist).
An OWP-V is being sought as another means to extend one’s stay in Canada and the temporary foreign worker is not experiencing abuse or at risk of abuse as described in R196.2.

Documentary evidence

With the application for a work permit, the temporary foreign worker must provide sufficient evidence to satisfy the officer that there are reasonable grounds to believe that they are experiencing or are at risk of experiencing abuse in the context of their employment in Canada.

The temporary foreign worker is encouraged to describe the abuse or risk of abuse they face by submitting a letter of explanation.

Note: If the temporary foreign worker does not provide a letter of explanation with their application, officers are encouraged to contact them and request it, or other evidence, if more information is required to make a decision on the application. Failure to provide an explanation about the temporary foreign worker’s alleged abuse in the form of a letter or the IMM 0017 should not be the only basis for the refusal. Temporary foreign workers are not required to provide this evidence in a specific format.

In addition, although none of the following examples are required, evidence of abuse and risk of abuse may include, but is not limited to, the following:

a letter, statement or report from an abuse support organization, medical doctor, health care professional or other such entity
a sworn statement (affidavit) by the applicant
a copy of an official complaint form filed with an enforcement agency
- for example, a police or CBSA report related to an investigation or a copy of an official complaint completed by the temporary foreign worker and submitted to a provincial enforcement agency, such as an employment standards branch
Note: If a temporary foreign worker has not filed a complaint with an enforcement agency, they should not be required to do so to support their application. There are many reasons why a temporary foreign worker may not want to report abuse to an enforcement agency, including fear of retribution if an inspection were to take place while they are still working for the employer (see Reasons why temporary foreign workers may not disclose abuse). However, if an applicant has submitted proof of previously filing official complaints with an enforcement agency, officers should fully review this evidence and carefully consider it as part of their decision-making.
supporting or additional material, such as victim impact statements, hard copies of email messages, photos showing injuries or working conditions, witness testimonies, bank statements and pay statements

Missing documents or information

Recognizing that temporary foreign workers in abusive situations may have suffered traumatic events that could affect the submission of their application, officers should consider giving temporary foreign workers who apply for an OWP-V an opportunity to provide missing documents or information (e.g., letter of explanation) that may assist in their decision-making via a request letter or interview.

Officers should be sure to give a reasonable amount of time for the temporary foreign worker to provide the information or evidence they are requesting. The amount of time provided by an officer is a discretionary decision that must be assessed on a case-by-case basis. If the document or information requested is not easily obtained or requires input or validation from a third party, the temporary foreign worker should be given a reasonable amount of time to submit that information.

If the temporary foreign worker does not provide the requested documents or information within the specified time period, and where the officer determines that there is insufficient information/evidence to satisfy them that there are reasonable grounds to believe that the temporary foreign worker is experiencing or is at risk of experiencing abuse in the context of their employment in Canada, the application may be refused for failing to meet the requirements of subsection R207.1(1).

Extrinsic evidence

Where extrinsic evidence (i.e., information from a source other than the temporary foreign worker that they do not have access to or are not aware of) is obtained and the officer determines that the application may be refused on the basis of the extrinsic evidence, a procedural fairness letter should be sent.

Supporting document requirements

All supporting documents must be saved under “Incoming Correspondence” in GCMS.

Supporting documents that are in a language other than English or French should be accompanied by an official translation of the document. That translation must be

of the original document, or
of the certified copy of the original document, and
certified by a certified translator, or in the event that the translation cannot be provided by a certified translator, it must be accompanied by an affidavit and included with the application

The onus is on the temporary foreign worker to provide an official translation of all documents that they want to be considered by an officer. In situations where the translation cannot be provided by a certified translator, it should be accompanied by an affidavit swearing to the accuracy of the translation and the language proficiency of the translator.

Officers have an obligation to review all of the evidence presented by a temporary foreign worker and to allocate weight to this evidence in rendering their decision. When a document is provided without an official translation or affidavit, an officer may decide to assign little weight to that documentary evidence.

Note: Where a temporary foreign worker provides supporting documents that are not in English or French, or are not accompanied by an official translation, officers may consider giving the temporary foreign worker an opportunity to provide the translation.

Where a request letter is sent but no translation is provided, the officer should clearly state in their decision that translations were requested, and explain how they weighed the documents due to the lack of required translation. For example, where no official translation is provided, an officer may state that they were unable to give the document significant weight. Where a temporary foreign worker does not provide an official translation or affidavit, the application should not be refused on that basis; the officer should still assess all the available supporting documentation and determine if the requirements of R207.1 are met.

Weighing evidence of abuse

Temporary foreign workers should provide as much evidence as possible to satisfy the officer, on reasonable grounds, that they are experiencing abuse or are at risk of abuse in the context of their employment in Canada.

The evidence provided may relate to one incident or a number of incidents and may be used to build a case history concerning whether or not abuse occurred. Officers must base their decisions on the totality of the evidence provided, keeping in mind that some evidence may be difficult for a victim of abuse to acquire.

Cases should not be refused on the sole basis that temporary foreign workers are not able to provide corroborating evidence. Officers may ask for additional information or conduct an interview if needed, keeping in mind that a letter of explanation may be sufficient on its own to issue the work permit. While the lack of evidence may contribute to an officer’s reasons for refusal after the overall assessment of an application, the refusal should clearly explain why the evidence provided was not credible or sufficient on a balance of probabilities or did not provide them with reasonable grounds to believe that the temporary foreign worker was experiencing or at risk of abuse.

Officers assess the credibility of the information provided on a balance of probabilities to determine if there are reasonable grounds to believe that abuse took place or that the temporary foreign worker is at risk of abuse. This determination does not depend on the severity of the abuse (see the definition of abuse above) experienced by the worker.

The weight given to any factor in a case is an objective determination of the decision-maker. The task is to weigh the facts in a fair and impartial manner, considering both positive and negative elements. Decision-makers must determine which facts are most important, which evidence is the most persuasive, which argument is the most compelling or convincing, and why.

Officers should ensure that they explain in their decision why one piece of evidence was preferred over another. While it is not necessary to mention every piece of evidence, officers should address the evidence that is directly applicable to their decision or that is particularly significant in supporting the decision.

Application assessment

Reasons why temporary foreign workers may not disclose abuse

In considering the facts of an application, officers are encouraged to consider that a temporary foreign worker may endure abuse for a long time before seeking support or may never tell anyone. Therefore, it is possible that a temporary foreign worker may not disclose abuse when it starts occurring, and the timing of the application itself is not necessarily a negative factor and generally should not influence the duration of the new open work permit, if one is issued.

Temporary foreign workers may keep abuse secret for reasons related to their circumstances, feelings, beliefs and level of knowledge about abuse. Examples of these reasons include the following:

literacy and language or cultural barriers
geographic or social isolation
fear that they will not be believed
lack of trust in the authorities that can help them
high risk and fear associated with coming forward, notably if coming forward can result in retribution or reprisal in the workplace, or if they fear a negative impact on their immigration status
belief that their sexual identity will be questioned
the abuser manipulated, bribed, coerced or threatened them to prevent them from telling anyone about the abuse
- the temporary foreign worker might be afraid of the abuser’s revenge
lack of knowledge of how to report abuse, how to fill in an application or how to compile appropriate evidence

Standard of proof - Reasonable grounds to believe

For the purposes of issuing an open work permit, officers must have reasonable grounds to believe that the temporary foreign worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada.

The “reasonable grounds to believe” standard requires something more than mere suspicion but less than the standard applicable in civil matters of proof on the balance of probabilities. In essence, reasonable grounds exist where there is an objective basis for the belief that is based on compelling and credible information.

Compelling and credible information may include a document from a proper authority indicating that an event occurred; however, an anonymous letter alleging certain facts may not meet this threshold. Officers have to assess on the totality of the evidence in each case.

How to decide - Two-step decision-making process

Although the test for determining if a temporary foreign worker is experiencing abuse or is at risk of abuse is reasonable grounds to believe, the test for assessing evidence for the purpose of making factual findings is a balance of probabilities. This means that the finding of facts for each situational statement or explanation supported by the evidence is subject to an evaluation at a higher test (balance of probabilities), but the final determination for a finding of abuse or risk of abuse is subject to a lower test (reasonable grounds).

In other words, officers need to do the following:

Step 1. Determine if the facts and evidence presented by the temporary foreign worker are valid and credible on a balance of probabilities.

Step 2. Assess the totality of the circumstances and evidence and determine if they have reasonable grounds to believe that the temporary foreign worker is experiencing abuse or is at risk of abuse in the context of their employment in Canada.

When assessing applications, officers should maintain an objective and open mind, including when hearing the temporary foreign worker’s story (if an interview is conducted) and, subsequently, when evaluating the evidence provided by the temporary foreign worker. Officers should ensure that their decision includes an analysis where they explain any significant concerns with the evidence (i.e., credibility concerns, insufficient evidence, or both), how they weighed all of the facts and evidence, and how they came to their decision.

For further information: Decision-making: Standard of review and process for making a reasonable decision

Important: Officers should not contact the employer of record to verify any information.

Level of persuasion required by standards of proof for an element to be established:

Standards of proof (higher to lower)	Description	Officer’s assessment
Beyond reasonable doubt	No doubt; convinced	Not applicable
Balance of probabilities	Likelihood of something being true	Step 1. Officers must be satisfied on a balance of probabilities (50 + 1%) that the facts and evidence provided by the temporary foreign worker occurred and are credible. Did the events described take place? Did the situation occur? Is it credible?
Reasonable grounds to believe	More than a mere possibility; would satisfy an ordinarily cautious and prudent person	Step 2. Officers must determine if they have reasonable grounds to believe that abuse occurred or that there is a risk of abuse. Do the events reported amount to “abuse”? Was the temporary foreign worker abused, or at risk of abuse?
Mere suspicion	Simply an emotional reaction that it might be possible	Not applicable

Interviews

Upon receipt of a case from a temporary foreign worker, and where an officer has determined that an interview is warranted, officers may

arrange an in-person interview with the temporary foreign worker
arrange a telephone or MS teams interview with the temporary foreign worker

Note: Officers should keep in mind the urgency of these applications when determining which interview option to choose. However, where there are significant credibility concerns that may result in a refusal and need to be addressed, or where an interview would facilitate the temporary foreign worker’s clarification of their circumstances of abuse, an officer should consider an interview.

Arrangements for the interview can be made directly with the temporary foreign worker or through an appointed authorized representative. Representatives should be clearly identified with a “Use of a Representative” form [IMM 5476], whether they are a settlement service provider or a temporary foreign worker advocacy group. They should be unpaid, unless they are members of the Immigration Consultants of Canada Regulatory Council, lawyers or, in Quebec, notaries public.

Officers may use their discretion to determine whether or not an interview is required. However, an officer should consider conducting an interview in the following circumstances:

there are significant credibility concerns (e.g., contradictory information or evidence) that may result in refusal of the application
there is adverse extrinsic information before the officer that needs to be disclosed to the temporary foreign worker so they have an opportunity to respond
an interview would facilitate the temporary foreign worker’s clarification of abuse that may not be reasonably corroborated by documentary evidence

If an interview is required, IRCC will utilize the interpreter contracts already in place to provide interpretation services, if they are needed.

If an interview is conducted, officers are encouraged to consult the interview considerations for cases of abuse. While any concerns regarding contradictions or gaps in the temporary foreign worker’s submission or explanation should be addressed during the interview, officers should take into consideration the fact that individuals react to violence and trauma in different ways. It is not unusual for individuals who have suffered abuse to have difficulty recalling traumatic details, and in some cases, individuals may not be able to provide substantiating evidence.

Creating an interview event in GCMS

When an interview is scheduled or conducted, either in person or by MS teams or phone, an event should be created within GCMS. An event can be created from either the Events view within an application as follows:

Click New.
From the “Event” field, select Interview.
From the “Purpose” field, select Eligibility.
In the “Location Start Date/Time” field, enter the appropriate start date and time.
Update the “Start Date/Time”:
- Click the calendar icon within the “Start Date/Time” field.
- Click the correct date in the calendar window, and change the time in the hour and minute sliders in the calendar window.
- Click “Done”.
Assign the event to the officer who will be conducting the interview. The event record will show up on the officer’s home page. The event outcome will automatically change to “Scheduled” once the “Start Date” is filled out.
Save the information.
Record the interview event outcome in GCMS as “Completed” if either the temporary foreign worker failed to attend or the interview is completed.

Procedural fairness and interviews

To ensure procedural fairness, an officer should schedule an interview with the temporary foreign worker when there are significant credibility concerns that may result in a refusal and need to be addressed, or where an interview would facilitate the temporary foreign worker’s clarification of abuse. Officers should be sure to upload their interview notes and any evidence provided during the interview into GCMS.

Following an interview, officers may issue a procedural fairness letter to the temporary foreign worker to outline any concerns that were not raised during the interview (e.g., extrinsic information or credibility issues come to light after the interview) and to provide the temporary foreign worker with an opportunity to respond.

Final Decision

Approval

Temporary foreign workers who have applied for an open work permit for vulnerable workers under section R207.1 are not required to obtain an LMIA or offer of employment.

In addition, per subsection R200(3.1), paragraph R200(3)(e) does not apply to temporary foreign workers referred to in subsection R207.1(1), who have engaged in unauthorized work or failed to comply with a condition of a previous permit or authorization. Temporary foreign workers are required to meet all other requirements of the IRPA and IRPR, including valid temporary resident status.

Open work permits are issued under the authority of subsection R207.1(1) and are coded as follows:

LMIA Exemption Code: A72
National Occupational Classification (NOC): 99999
Intended Occupation: Open
Employer: Open
Case Type: 20
Special Program Code: VWOWP (vulnerable workers OWP)
Duration: At their own discretion, officers may consider a duration of 12 months. The work permit may not be valid for longer than the passport or travel document.
Fees: Exempt from the work permit processing fee per paragraph R299(2)(l). The open work permit privilege fee does not apply to OWP-V.

Refusal

If an officer is not satisfied that all the requirements of section R207.1, including the assessment under paragraph R196.2, are met, they must record their reasons and outline the rationale underlying the decision, as well as the facts and elements considered, in a case note.

The reasons for the refusal should clearly indicate which criteria or what requirements of section R207.1 were not met and explain how the conclusion was reached.

For assistance, officers can follow the steps in Decision-making: Standard of review and process for making a reasonable decision.

Note: Failure to provide an explanation about the temporary foreign worker’s alleged abuse in the form of a letter or the IMM 0017 should not be the only basis for a refusal, as temporary foreign workers are not required to provide information pertaining to their situation in this format.

Subsequent OWP-V applications

Temporary foreign workers are eligible for another OWP-V only if their previous employer-specific work permit is still valid (that is, it has not been revoked or cancelled or become invalid under section R209) or they have maintained status on their employer-specific work permit, and they continue to meet other requirements of section R207.1, meaning they are in Canada, and officers have reasonable grounds to believe they are still experiencing abuse or are at risk of experiencing abuse in the context of their employment in Canada.

Biometrics

These temporary foreign workers are not specifically exempt from the biometrics requirement or from paying the biometrics fee. Biometrics and the biometrics fee should be requested.

Immigration Medical Examination

Temporary foreign workers who are applying to remain in Canada as temporary residents (including OWP-V applicants) may be required to undergo an Immigration Medical Exam (IME) under subparagraph R30(1)(a)(ii-iv).

Family members

Family members who are currently in Canada are eligible to obtain an open work permit under subsection R207.1(2) if the vulnerable worker has been issued an OWP-V. Family members have their work permits issued under the OWP-V and for the same duration as the vulnerable worker or until the expiry of their passport or travel document, whichever is earlier. They benefit from the same fee exemptions as the vulnerable worker.

If a family member is working for the same employer and is also found to be experiencing abuse or to be at risk of abuse, the officer must add a note in GCMS, under the family member’s unique client identifier (UCI), with that information for inspection purposes.

As family members, dependent children who are of working age are also eligible to obtain an open work permit under the OWP-V and for the same duration as the vulnerable worker or until the expiry of their passport or travel document, whichever is earlier. They benefit from the same fee exemptions as the vulnerable worker.