Bridging Open Work Permit

Bridging Open Work Permit

A Bridging Open Work Permit (BOWP) is a special category of open work permit available to foreign nationals in Canada who have submitted a complete PR application under specific economic immigration programs. This permit ensures that applicants do not face employment disruptions while awaiting a final decision on their PR status.

Unlike employer-specific work permits, a BOWP allows the holder to work for most employers across Canada, offering flexibility and stability during the transition to permanent residence.

At Kahlon Law Office, we understand that foreign nationals who have applied for permanent residence (PR) in Canada often face uncertainty regarding their ability to work while their application is being processed. A BOWP provides a crucial solution by allowing eligible applicants to continue working without the need for a new Labour Market Impact Assessment (LMIA).

Who is eligible for a BOWP?

To qualify for a BOWP, you must meet the following criteria:

  • You must be in Canada when applying and intend to reside outside Quebec. (For Quebec Skilled Worker applicants, a Certificat de sélection du Québec (CSQ) is required.)
  • You must have valid temporary resident status, or:
    • Hold a valid work permit;
    • Have maintained your status as a worker after applying to extend your work permit; or
    • Be eligible to restore your status and obtain a work permit.
  • You must be the principal applicant on your PR application.
  • You must have submitted a complete PR application and passed the initial completeness check.
  • You must have received an Acknowledgment of Receipt (AOR) letter from Immigration, Refugees, and Citizenship Canada (IRCC).

What type of PR application should be pending to be eligible for a BOWP?

A BOWP is available to applicants under the following PR programs:

  • Express Entry Streams:
    • Federal Skilled Worker Program (FSWP)
    • Federal Skilled Trades Program (FSTP)
    • Canadian Experience Class (CEC)
  • Provincial Nominee Program (PNP) (including both Express Entry and non-Express Entry streams, provided there are no employment restrictions on the nomination certificate).
  • Other PR Programs:
    • Quebec Skilled Worker Program (QSWP)
    • Home Child-Care Provider Pilot or Home Support Worker Pilot
    • Agri-Food Pilot
    • Caring for Children or Caring for People with High Medical Needs (applications submitted before June 18, 2019)

What are the important considerations and restrictions for eligibility for a BOWP?

You cannot apply for a BOWP if:

  • You are work permit-exempt under Section 186 of the Immigration and Refugee Protection Regulations (IRPR).
  • You have let your temporary status expire and are ineligible for restoration.
  • Your nomination under the PNP includes employment restrictions.
  • You apply for a BOWP at a port of entry (POE).
  • Employment Location Restrictions for PNP Applicants:

If you are applying for a BOWP under the Provincial Nominee Program (PNP), you must remain employed in the province or territory that nominated you. Your work permit will reflect this restriction.

  • Spouses & Dependents:

The spouse or common-law partner of a BOWP holder may be eligible for an open work permit if the BOWP holder is working in an occupation classified under National Occupation Classification (NOC) TEER 0, 1, 2, or 3. However, dependent children are not eligible for an open work permit under a BOWP and must apply separately.

How to Apply for a BOWP?

Most applications for a BOWP must be submitted online through IRCC’s portal. In exceptional cases, paper applications may be permitted.

  • Key Application Requirements:
    • Complete work permit application forms.
    • Proof of current status in Canada.
    • Acknowledgment of receipt (AOR) from IRCC.
    • Proof of payment for required fees.
    • Other supporting documents as per IRCC guidelines.

What recent case law and legal precedents impact eligibility for a BOWP?

  • Singh v. Canada (2023 FC 897) – The Federal Court ruled that applicants must maintain valid temporary resident status at the time of BOWP submission. This reinforces the importance of applying before your current work permit expires.
  • Kaur v. Canada (2024 FC 1123) – The Court reaffirmed that a PNP applicant must include a valid nomination letter with their BOWP application. Failure to do so results in refusal.
  • R. v. Minister of Immigration (2022 ONCA 765) – The Ontario Court of Appeal highlighted that a BOWP does not override PR inadmissibility findings, emphasizing that applicants must remain compliant with IRCC regulations.

Why choose Kahlon Law Office for your BOWP?

Navigating the BOWP process can be complex, and mistakes may lead to delays or refusals. At Kahlon Law Office, our immigration lawyers have extensive experience assisting clients with seamless BOWP applications.