Canada's Vulnerable Worker Open Work Permit: What's New And Why It Matters

Vulnerable worker permits have seen a dramatic surge in recent years.The numberofthese permitsincreased fromjust over 2,000 in 2023tomore than 5,100 in 2024, and then tonearly 10,000in 2025,representingalmost afive-fold increase in just two years.

Canada's Open Work Permit for Vulnerable Workers is an LMIA exempt work permit. It is designed to protect temporary foreign workers who are experiencing abuse, or are at risk of abuse, at their employment in Canada. It allows eligible workers to leave unsafe jobs and obtain an open work permit, without needing a new employer-specific job offer or a Labour Market Impact Assessment (LMIA).

OnFebruary 6, 2026, IRCC implemented a significant overhaul of its operational instructions and processing guidelines.These changesofferprospective applicantsand decision-makersfargreater clarity on eligibility, evidence, and how these applications are assessed. The timingof this overhaulis not accidental.

As this program becomes increasingly relied upon, clarity and consistency in how applications are processed are critical.In this article,we'llexplorewhat'schanged in the operational instructions and why it matters.

What's Driving the Change?

The most compelling reason behind IRCC's recent overhaul issimple:usage of the vulnerable worker open work permit hassurgedtoa rate that cannot be ignored.

Using IRCCopen-source datacompiled by Moving2Canada, the growthisexponentialin recent years.

2021: 875 permits issued 2022: 1,080 permits issued 2023: 2,040 permits issued 2024: 5,115 permits issued 2025: 9,625 permits issued

This trajectory makes it clear that what was once arelatively nicheprotection mechanism has become a widely relied-upon pathway for temporary foreign workers facing unsafe or exploitative employment conditions. With application volumes rising quickly, the need for clearer rules and more consistent decision-making were inevitable.

The Biggest Change:Clear Guidance on WhatDoesn'tConstitute Abuse

The single most significant operational shift is IRCC's decision to explicitly outline examples of situations that maynotconstituteabuse for the purposes of a vulnerable workeropenwork permit.

For the first time, IRCC now lists scenarios thatgenerally falloutside the scope of the program, including:

• Layoffs due to lack of work or business circumstancesoutside the employer's control, where the layoff was carried out fairly and without abuse

• Termination for cause, where the reason for dismissal was reasonable and non-abusive

• Fraudulent job offers where the worker knew there was no job, such as paying for an offer while understanding employment would need to be found independently

• Applications where an OWP-V issoughtprimarilyas a way toextend status, without evidence of abuse or risk of abuse as defined in the regulations

This clarification is important for two reasons.

First, it givesprocessing officers clearer boundaries, helping ensure more consistent and defensible decisions at a time when volumes are increasing rapidly.Second, it allowspotentially eligible foreign workers to better assess their own situationbefore applying, reducing confusion and unnecessary refusals.

Crucially though, IRCC emphasizes that these examples arenot exhaustive. Officersretaindiscretion to assess each case individually, and situations may still qualify even if they do not align perfectly with the examples listed. This preserves the program's flexibility while providingmuch-needed structure.

The updated instructions expand and refine examples of abuse which were included previously, too.

Other Notable Updates to the Program

IRCCalsointroduced severaladditionalupdates that significantly affect how vulnerable worker applications are processed:

• Stronger procedural fairness requirements: Officers must now clearly document how evidence was weighed, explain credibility concerns, and justify refusals in greater detail within GCMS.

• More flexibleevidencehandling: A missing letter of explanation or IMM 0017 form should not, on its own, result in refusal. Officers are encouraged to request missing information whereappropriate.

• Clearer interview guidance: The updated instructions outline when interviews should be conducted, including in cases involving credibility concerns or extrinsic evidence, and provide step-by-step instructions for recording interviews in GCMS.

• Expanded operational detail: New guidance covers document translations, handling of extrinsic evidence, and how officers should approach cases involving trauma or limited documentation.

Why Is the Vulnerable Worker Permit Being Used More?

The sharp rise in vulnerable worker open work permits does not exist in a vacuum. While it is not possible to attribute the increase to a single cause, it closely coincides withheightened scrutiny and sustained criticism of the Temporary Foreign Worker Program (TFWP)over the past year.

Public reporting and media investigations have increasingly highlighted systemic concerns, including:

• gaps in employer compliance and oversight

• ongoing recruitment fee abuses

• employer-specific (tied) work permits that limit worker mobility

• significant barriers to reporting unsafe or exploitative working conditions

As awareness of these issues grows, so too does awareness of thevulnerable worker open work permit. It is known tobeapractical and lawful exitoptionfor workers who feel trapped in harmful employmentsituations,resultingin more applications.

But it goes further. It highlights deeper, unresolved issues within the Temporary Foreign Worker Program, and employer-specific (closed) work permits more generally.As scrutiny of employer practices, recruitment models, and closedwork permitscontinuesto grow, the vulnerable worker permit is increasingly being used to fill gaps that existing enforcement and compliance mechanisms have struggled to address.

By its nature, the programremainslargely reactive. It offers apathway outonly once abuse has occurred or risk has become acute, rather than preventing harm from happening in the first place. While the vulnerable worker open work permit is an important and necessary protection, it does not address the root causes that make workers vulnerable to exploitation.

In that sense, its rapid expansion should be read as a signal, not just of need to offer greater guidance, but of systemic abuse within Canada's temporaryworker systemthatremainsunresolved.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.