Open Work Skilled Visa
An open work permit allows individuals to be employed by any employer, with the exception of those identified as ineligible on the list of employers who have not adhered to the stipulated conditions, or those that consistently provide striptease, erotic dance, escort services, or erotic massage. It is important to note that an open work permit is only obtainable under certain circumstances.
Open work permits are flexible and not tied to a specific job, meaning your employer isn't required to obtain a labour market impact assessment from Employment and Social Development. Typically, you will need to pay the fee for the open work permit at the same time as the work permit fee. Additionally, family members of skilled workers (the principal foreign national) can apply for an open work permit without needing a job offer, thanks to LMIA exemption codes C41 and C46. This includes spouses, common-law partners, dependent children of the principal foreign worker or their spouse, and grandchildren.
There are various ways to obtain work permits, each with unique requirements. They generally fall into two main categories: employer-specific work permits and open work permits.
Employer-Specific Work Permits: To acquire these, you need a job offer from a employer, and they are tied to a specific job and employer. These permits are crucial for addressing specific needs in the overseas labor market.
Open Work Permits: It provides greater flexibility as they do not necessitate a job offer, enabling holders to work for any employer across the world. These permits are especially advantageous for individuals with connections to the job offering country, including graduates from foreign schools, spouses of skilled workers or international students, and those seeking refuge.
Family members of individuals applying for a Post Graduate Work Permit (PGWP) can submit their own work permit applications at the same time. However, their eligibility is linked to the status of the main applicant’s PGWP. If the PGWP applicant is working under Regulation 186(w) without an official work permit, their family members will not qualify for an open work permit. The application process for a family member starts only after the PGWP application has been assessed. It's crucial to note that if a family member files for an open work permit on their own and their application is processed before the principal applicant’s PGWP is granted, it will be denied.
Be sure to check the fee list and other eligibility below before applying:
Collecting the necessary documents for an open work permit is an essential part of facilitating a seamless and effective application process. It is important for both the foreign worker applicant and their employer to supply particular documentation that complies with foreign immigration requirements. The required documents can include standard items such as:
Open Work Permit applications may be rejected for several reasons, often related to not fulfilling certain criteria or mistakes made during the application process. By recognizing the frequent causes of denial, applicants can enhance their preparation and minimize obstacles in their immigration process. Here are some primary reasons that may lead to the rejection of open Work Permit applications.
A big reason why most open work applications get denied is because people submit incomplete or wrong documents for a overseas work permit. To get approved, applicants need to provide a full set of documents, like proof of a job offer, evidence of their qualifications, and sometimes a Labour Market Impact Assessment (LMIA) from their employer. If forms are missing, not filled out correctly, or if the proof of qualifications isn’t enough, it can result in a rejection.
In most cases immigration authorities seek to confirm that foreign workers connection with the home country—such as familial relationships, job commitments, or financial resources—may be viewed as a potential risk for overstaying. This could lead to the denial of the work permit. It is essential to present compelling proof of ties to your home country, including property ownership or active employment.
Applicants need to show they have enough money to take care of themselves and any dependents while in foreign country. If the visa officer thinks the applicant doesn’t have the financial means to support themselves during their time there, it could result in a denial. To steer clear of this issue, it’s important to submit necessary documents for getting their work permit, like up-to-date bank statements and proof of financial stability.
People might get turned down if they’re seen as a security risk or if they have health issues that could strain foreign healthcare system. Even minor criminal records can hurt your chances of getting approved. Some applicants need to go through health checks, and if there are worries about contagious diseases or conditions that need expensive treatments, that could lead to a denial.
In certain instances, the rejection of a work permit application may stem from issues related to the employer rather than the applicant. If the employer is determined to be non-compliant with essential criteria, such as not adhering to labor regulations or failing to supply an approved Labour Market Impact Assessment (LMIA), the application may be denied. Therefore, it is crucial for applicants to verify that their potential employer fulfils all the immigration standards and that the necessary documentation for the work permit provided by the employer.
Individuals who have previously breached the immigration regulations may encounter an automatic denial of their work permit application. Such violations may encompass overstaying a prior visa, engaging in unauthorized employment, or submitting inaccurate information in earlier applications. To mitigate the likelihood of their overseas open Work Permit application being rejected, applicants should meticulously prepare their submissions, ensure that all required documents are properly organized, and proactively address any potential issues, including their connections to their home country and their financial stability.
The duration for processing open work visa applications may differ, and delays may occur if additional documentation is requested or if an interview is required. Generally, applicants can anticipate a decision regarding their visa application within approximately three weeks. Consequently, it is recommended that applicants submit their applications at least 120 days prior to their intended arrival date. Additionally, the application fee may differ based on the applicant's country of origin or the country they wish to reside in. For more detail click HERE