Open Work Permit for Vulnerable Workers: Does It Cancel Your LMIA Work Permit and Can It Be Extended?
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Foreign workers experiencing abuse in the workplace often feel trapped. Leaving an abusive employer may mean losing the ability to work in Canada, especially when their work permit is tied to a single employer.
To address this problem, Canada created the Open Work Permit for Vulnerable Workers (VOWP) under section 207.1 of the Immigration and Refugee Protection Regulations (IRPR). This permit allows eligible workers to leave an abusive workplace and seek employment elsewhere without first obtaining a new Labour Market Impact Assessment (LMIA).
Despite the protective purpose of the program, two questions frequently arise:
Does the issuance of a Vulnerable Open Work Permit automatically cancel the worker's existing LMIA-based employer-specific work permit?
Can a Vulnerable Open Work Permit be extended?
This article examines both questions from a legal perspective.
The Legal Framework
Section 207.1 of the Immigration and Refugee Protection Regulations provides that an open work permit may be issued to a foreign national if there are reasonable grounds to believe that the worker is experiencing, or is at risk of experiencing, abuse in the context of their employment in Canada.
To qualify, the applicant must either:
hold an employer-specific work permit issued under IRPR s. 200(1)(c)(ii.1) or (iii); or
have previously held such a permit, have applied for its renewal under IRPR s. 201(1), and be authorized to continue working under maintained status pursuant to IRPR s. 186(u).
The purpose of the provision is clear. It is intended to protect vulnerable workers by allowing them to leave abusive employment without immediately losing their legal authorization to work in Canada.
Does the Open Work Permit for Vulnerable Workers Cancel the Existing Employer-Specific Work Permit?
Many workers assume that once the Vulnerable Open Work Permit is issued, their previous LMIA-based work permit disappears.
Interestingly, the Regulations do not say that.
Section 207.1 simply authorizes the issuance of an open work permit. It does not state that an employer-specific work permit is revoked, cancelled, surrendered, or replaced.
Likewise, the Immigration and Refugee Protection Regulations contain specific provisions dealing with when a work permit becomes invalid or may be cancelled.
For example, IRPR section 209 provides that a work permit becomes invalid upon expiry or cancellation under other specified provisions of the Regulations.
Notably absent from those provisions is any rule stating that the issuance of a Vulnerable Open Work Permit automatically invalidates an existing employer-specific work permit.
From a statutory interpretation perspective, this omission is significant. Parliament knew how to provide for cancellation when it intended to do so. It did not include such language in section 207.1.
IRCC's Own Policy Supports This Interpretation
IRCC's Program Delivery Instructions contain an interesting statement regarding subsequent Vulnerable Open Work Permit applications.
According to IRCC:
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.
This guidance is noteworthy.
If the issuance of the first Vulnerable Open Work Permit automatically cancelled the employer-specific work permit, no applicant could ever satisfy this requirement.
The policy itself assumes that the original employer-specific work permit may continue to exist after the Vulnerable Open Work Permit has been issued.
While Program Delivery Instructions do not have the force of law, they provide valuable insight into how IRCC interprets the Regulations.
Can the Open Work Permit for Vulnerable Workers Be Extended?
This question is more complicated.
The approval letter issued by IRCC commonly contains the following statement:
"Your work permit is non-renewable. If you wish to stay and work in Canada longer, you have to apply for a new work permit before the expiry date noted on this work permit."
At first glance, this appears straightforward.
However, IRCC's own Program Delivery Instructions create some uncertainty.
As discussed above, the same policy manual expressly contemplates subsequent OWP-V applications, provided the applicant continues to satisfy the requirements of section 207.1.
This raises an important distinction.
There is a legal difference between:
renewing or extending the existing work permit, and
submitting a fresh application for another Vulnerable Open Work Permit.
The approval letter appears to address the first situation.
The Program Delivery Instructions contemplate the second.
In other words, the current Vulnerable Open Work Permit itself cannot simply be extended. However, where the legal requirements continue to exist—particularly where the worker continues to experience abuse or remains at risk of abuse—it may be possible to apply for another Vulnerable Open Work Permit.
Is There a Contradiction?
Some readers may notice an apparent inconsistency.
On one hand, the approval letter states that the work permit is "non-renewable."
On the other hand, IRCC's own policy discusses subsequent OWP-V applications.
The two statements can be reconciled if "non-renewable" is interpreted narrowly to mean that the existing permit cannot simply be extended by filing a renewal application.
Instead, the worker must submit a completely new application that independently satisfies section 207.1.
Whether this distinction is sufficiently clear is another question.
In our view, the approval letter could have been drafted more precisely to avoid confusion.
Practical Takeaways
For vulnerable foreign workers, the Open Work Permit for Vulnerable Workers serves an important protective purpose.
Based on the wording of the Immigration and Refugee Protection Regulations and
IRCC's published guidance:
The issuance of a Vulnerable Open Work Permit does not appear to automatically cancel an existing LMIA-based employer-specific work permit.
Section 207.1 contains no cancellation provision.
IRCC's own Program Delivery Instructions assume that the employer-specific work permit may continue to remain valid after the Vulnerable Open Work Permit has been issued.
While the Vulnerable Open Work Permit itself is described as non-renewable, IRCC's policy nevertheless recognizes that workers may qualify for another Vulnerable Open Work Permit in appropriate circumstances.
As always, every case depends on its specific facts. Workers facing abuse should seek legal advice promptly to preserve their status and understand the options available under Canadian immigration law.
Disclaimer: This article is provided for general educational purposes only and does not constitute legal advice. Immigration outcomes depend on the facts of each individual case and the law in force at the time of application.
