Can one apply for Open Work Permit for Vulnerable Workers while there is a pending visitor record application?

[MSherell]

Greetings! I have a Mexican friend who has been subjected to verbal, emotional and psychological abuse by our employer. He was advised to apply for an open work permit for vulnerable workers. He was hesitant because he was afraid, still is, if our employer will find out. He knows that he will no longer be renewed for next season so to extend his stay, he filed for a visitor record application last November 22, a month before his current work permit expires to buy time and be able to explore work options. However, he recently found out that he will indeed not be renewed so he has now decided to apply for the open work permit for vulnerable workers.
We know that if he files for this open work permit, and there is a pending application, both will most probably be disapproved by IRCC.
Can he withdraw his application for a visitor record and replace it with the open work permit for vulnerable workers?
Thanks!

 

[scylla]

Greetings! I have a Mexican friend who has been subjected to verbal, emotional and psychological abuse by our employer. He was advised to apply for an open work permit for vulnerable workers. He was hesitant because he was afraid, still is, if our employer will find out. He knows that he will no longer be renewed for next season so to extend his stay, he filed for a visitor record application last November 22, a month before his current work permit expires to buy time and be able to explore work options. However, he recently found out that he will indeed not be renewed so he has now decided to apply for the open work permit for vulnerable workers.
We know that if he files for this open work permit, and there is a pending application, both will most probably be disapproved by IRCC.
Can he withdraw his application for a visitor record and replace it with the open work permit for vulnerable workers?
Thanks!

How long has he been in Canada on the closed work permit?

 

[canuck78]

Greetings! I have a Mexican friend who has been subjected to verbal, emotional and psychological abuse by our employer. He was advised to apply for an open work permit for vulnerable workers. He was hesitant because he was afraid, still is, if our employer will find out. He knows that he will no longer be renewed for next season so to extend his stay, he filed for a visitor record application last November 22, a month before his current work permit expires to buy time and be able to explore work options. However, he recently found out that he will indeed not be renewed so he has now decided to apply for the open work permit for vulnerable workers.
We know that if he files for this open work permit, and there is a pending application, both will most probably be disapproved by IRCC.
Can he withdraw his application for a visitor record and replace it with the open work permit for vulnerable workers?
Thanks!

Assume this may be a seasonal job in agriculture. Most of these jobs end in early fall. When did the job start and end this year? Work permits may still be valid to provide flexibility to the employer but what is more important is when the work stopped. When was his flight home? Did he cancel the flight or not go to the airport? If he only applied for the OWP once the season is over and when he was scheduled to return home it obviously looks more suspicious.

 

[MSherell]

Thanks for the reply! I really appreciate it. My friend still has a legal status (company-specific work permit), otherwise, the IRCC online application for a visitor record will no longer be accepted. I’m actually looking for an answer to whether he can still withdraw an application (visitor record) that has already been filed and if it can be replaced with another kind of application (open work permit for vulnerable workers). The reasons for this, I believe, had been stated on my post.

 

[scylla]

Thanks for the reply! I really appreciate it. My friend still has a legal status (company-specific work permit), otherwise, the IRCC online application for a visitor record will no longer be accepted. I’m actually looking for an answer to whether he can still withdraw an application (visitor record) that has already been filed and if it can be replaced with another kind of application (open work permit for vulnerable workers). The reasons for this, I believe, had been stated on my post.

You can't "replace" an application. He can certainly withdraw the visitor record application and then submit the VOWP. However these are two completely separate actions and applications. Note that he cannot switch employers until the VOWP is approved.

Please make sure he includes evidence supporting his case. The reason why I asked how long he had been working in Canada is that it is a bit more unusual to see people applying for a VOWP at the very end of their work permit. He will want to make sure he has the evidence to support his case so that IRCC grant the VOWP vs. IRCC beliving he is trying to use the VOWP to extend his ability to work in Canada since his closed work permit is not being renewed by his employer.

 

[canuck78]

Thanks for the reply! I really appreciate it. My friend still has a legal status (company-specific work permit), otherwise, the IRCC online application for a visitor record will no longer be accepted. I’m actually looking for an answer to whether he can still withdraw an application (visitor record) that has already been filed and if it can be replaced with another kind of application (open work permit for vulnerable workers). The reasons for this, I believe, had been stated on my post.

Still having a valid WP is not the same thing as still being employed. For example if you friend worked all summer and his job stopped a few weeks ago and he was scheduled to fly home last week it looks very bad that he is only applying for an OWP as a vulnerable person after the work season is over and potentially after not returning home on his scheduled flight. I would suggest that your friend consult some immigration lawyers before withdrawing his visitor appllication and filing for OWP based on being a vulnerable worker. He should bring any proof that he has lf the behaviour of the employer plus any records or similar treatment preferably during the growing season not after the jobs have ended. Before withdrawing the application to change to visitor status and applying or the OWP your friends should have a good idea whether their will be approved because if denied it will be incredibly hard to return to Canada on any temporary basis (WP, SP, visitor, etc.).

 

[MSherell]

Actually, the abuse, harassment, intimidation and oppression by a specific supervisor to Mexican workers in our company have been going on for years. Every year, many Mexicans are either sent home by that supervisor or they went home on their own, paying their own fare, contracts unfinished and unpaid. The upper management has no idea of what has been going on. Things have gotten worse this year and more than 20 have had enough so they reported the maltreatment to Service Canada, Human Rights Commission and Employment Standards. Because of that, for the first time in years, we were paid additional 10 hours and rent was not charged because we have been working less than 10 hours a week. Actually, since July, weekly work has been 10 to less than 30 hours and rent was still being charged. That situation plus the maltreatment of this supervisor have driven them to finally stand up for their rights. Some filed for an open work permit for vulnerable workers already. My friend, however, was hesitant about that kind of work permit so he thought that to be able to explore more options while still here, and while still working with our company, he applied for a visitor record, with an invitation letter from a Canadian business owner. But more untoward incidents happened lately that he now wanted to join the others who have stood up and is considering filing an open work permit for vulnerable workers as well.
We are just getting some information on how to proceed that won’t make him at a loss in the end. This friend of mine doesn’t fly home with the rest of the Mexicans when season ends. He either stays until his permit expires or get an extension as a visitor, and the company renews his contract when it’s hiring time.
Again, thanks a lot for the shared information!
God bless!

 

[scylla]

Actually, the abuse, harassment, intimidation and oppression by a specific supervisor to Mexican workers in our company have been going on for years. Every year, many Mexicans are either sent home by that supervisor or they went home on their own, paying their own fare, contracts unfinished and unpaid. The upper management has no idea of what has been going on. Things have gotten worse this year and more than 20 have had enough so they reported the maltreatment to Service Canada, Human Rights Commission and Employment Standards. Because of that, for the first time in years, we were paid additional 10 hours and rent was not charged because we have been working less than 10 hours a week. Actually, since July, weekly work has been 10 to less than 30 hours and rent was still being charged. That situation plus the maltreatment of this supervisor have driven them to finally stand up for their rights. Some filed for an open work permit for vulnerable workers already. My friend, however, was hesitant about that kind of work permit so he thought that to be able to explore more options while still here, and while still working with our company, he applied for a visitor record, with an invitation letter from a Canadian business owner. But more untoward incidents happened lately that he now wanted to join the others who have stood up and is considering filing an open work permit for vulnerable workers as well.
We are just getting some information on how to proceed that won’t make him at a loss in the end. This friend of mine doesn’t fly home with the rest of the Mexicans when season ends. He either stays until his permit expires or get an extension as a visitor, and the company renews his contract when it’s hiring time.
Again, thanks a lot for the shared information!
God bless!

In that case your friend should have a very good chance of getting the VOWP approved (given the multiple complaints). Sorry for the situation and good luck.

IMO he doesn't need to withdraw the visitor record but I'm not a lawyer.

 

[MSherell]

Some of the Mexicans were already given by IRCC an extension of our current work permit while waiting for the result of the application for the open work permit for vulnerable workers.
I’m just trying to gather more information for my friend so he could decide if he would pursue an open work permit or just stay as a visitor after the season ends while looking for other employment.

Thanks a lot for the additional information!

 

[canuck78]

Actually, the abuse, harassment, intimidation and oppression by a specific supervisor to Mexican workers in our company have been going on for years. Every year, many Mexicans are either sent home by that supervisor or they went home on their own, paying their own fare, contracts unfinished and unpaid. The upper management has no idea of what has been going on. Things have gotten worse this year and more than 20 have had enough so they reported the maltreatment to Service Canada, Human Rights Commission and Employment Standards. Because of that, for the first time in years, we were paid additional 10 hours and rent was not charged because we have been working less than 10 hours a week. Actually, since July, weekly work has been 10 to less than 30 hours and rent was still being charged. That situation plus the maltreatment of this supervisor have driven them to finally stand up for their rights. Some filed for an open work permit for vulnerable workers already. My friend, however, was hesitant about that kind of work permit so he thought that to be able to explore more options while still here, and while still working with our company, he applied for a visitor record, with an invitation letter from a Canadian business owner. But more untoward incidents happened lately that he now wanted to join the others who have stood up and is considering filing an open work permit for vulnerable workers as well.
We are just getting some information on how to proceed that won’t make him at a loss in the end. This friend of mine doesn’t fly home with the rest of the Mexicans when season ends. He either stays until his permit expires or get an extension as a visitor, and the company renews his contract when it’s hiring time.
Again, thanks a lot for the shared information!
God bless!

He should have applied much earlier then. You also have to consider the situation as an IRCC and with the knowledge that people do abuse immigration programs. The fact that he is applying after work is over for the season and the fact that he included a letter from another employer can create concern that he is trying to remain in Canada because he wants to continue working. Given that he saw others applying for OWP for vulnerable people during the summer and he was aware of the program the timing does not help his application. By not filing at the same time as the other workers or right after the other workers it gives off the impression that any issue that issues were addressed and he is not being mistreated. That doesn’t mean he won’t get approved but there will be more scrutiny based on the timing of his application and that he didn’t apply during the summer with the other applicants. If you encounter other people in this situation you should advise them to apply during the work period not at the end of the season.

 

[MSherell]

Work is not yet over. There’s still 3 more weeks left. The around 20 workers who had filed the complaints and the application for open work permit for vulnerable workers did not do it at the same time. Abused and scared people don’t usually just decide on a whim to come out. It took a lot of meetings with 2 migrant organizations for them to finally stand up for their rights. Besides my friend, there are now others who want to raise their voices too. Ironically, they don’t even want an open work permit. They just want to be treated fairly and for the company to take action about the abusers. When my friend decided to extend his stay as a visitor, he just wanted to explore other options. He was not interested at all to get an open work permit for vulnerable workers because he was afraid like the rest of reprisal that many companies do. Right now, he is just considering it that’s why we are doing our research.
Again, thanks for the information shared here! We are continuously in touch with the migrant organizations that might be able to provide everyone a legal advice for all the steps to be taken.

 

[GAC1019]

Some of the Mexicans were already given by IRCC an extension of our current work permit while waiting for the result of the application for the open work permit for vulnerable workers.
I’m just trying to gather more information for my friend so he could decide if he would pursue an open work permit or just stay as a visitor after the season ends while looking for other employment.

Thanks a lot for the additional information!

Did you recibe response?