Foreign nationals in Canada awaiting the processing of their Permanent Residence (PR) application may be eligible for the Bridging Open Work Permit (BOWP). Without this permit, individuals may need to stop working, remain in Canada as visitors, or leave temporarily. The BOWP offers an opportunity to stay employed without requiring a Labour Market Impact Assessment (LMIA), providing flexibility for both the individual and their Employer.
What is a Bridging Open Work Permit?
A Bridging Open Work Permit allows foreign nationals to keep working in Canada while waiting for their PR decision. Unlike regular work permits tied to a specific employer, the BOWP will enable you to work for almost any Employer in Canada.
Here’s a quick comparison between the Bridging Open Work Permit and the Labour Market Impact Assessment (LMIA)-based work permits:
| BOWP | LMIA-Based Work Permit |
|---|---|
| Open to most employers and industries | Requires a specific job offer and employer |
| No LMIA needed | Employer must get LMIA approval |
| Work for multiple employers | Restricted to one employer |
BOWP Eligibility Requirements:
To qualify for a Bridging Open Work Permit, applicants must meet specific criteria:
Basic Requirements:
- Be physically present in Canada and hold valid temporary resident status (TR).
- Hold a valid work permit or have applied for a renewal before the current one expires.
- Be eligible to restore temporary resident status if it has expired (with authorization to work).
Eligible Economic Immigration Programs:
Applicants must have submitted a PR application under one of these economic streams:
- Express Entry (Federal Skilled Worker Program, Canadian Experience Class, or Federal Skilled Trades Program)
- Provincial Nominee Program (PNP)
- Quebec Skilled Worker Program (QSW)
- Agri-Food Pilot
- Caring for Children or High Medical Needs Program (applications submitted before June 18, 2019)
The table below outlines the eligibility conditions for BOWP depending on the immigration program:
| Immigration Program | PR Stage for BOWP Eligibility |
|---|---|
| Express Entry | Passed completeness check of Electronic Application for Permanent Residence (eAPR) |
| Quebec Skilled Worker (QSW) | Passed completeness check under Section 10 of the IRPR |
| PNP, Agri-Food, Caring for Children | Positive eligibility assessment on APR |
Conditions for Family Members:
If you have a spouse, common-law partner, or dependent children, here’s how their eligibility for work permits under your BOWP is determined:
Spouse or Common-law Partner:
Your spouse or common-law partner may qualify for an Open Work Permit if:
- You hold a valid work permit or are authorized to work in Canada.
- You’re working for at least six months after your application is submitted.
- You live in Canada or plan to do so while working.
- You are in a genuine, recognized relationship.
They must also meet specific employment conditions:
| Spouse/Common-law Partner | Employment Conditions |
|---|---|
| In an occupation under NOC Skill Level 0, A, or B | Must meet NOC criteria for the role they apply for |
| Quebec or PNP applicants | Can work in any occupation if they have a nomination certificate |
Dependent Children:
Dependent children, however, cannot apply for an open work permit under your BOWP. They will need to obtain an LMIA or find an exemption.
BOWP Restrictions for PNP and Quebec Applicants:
Although Bridging Open Work Permits are generally flexible in terms of employment location and employer choice, there are specific restrictions for applicants in the Provincial Nominee Program (PNP) and Quebec Skilled Worker (QSW) program:
PNP Applicants:
- The BOWP for PNP applicants limits them to employment in the province or territory that issued the nomination.
Quebec Applicants:
- Applicants under the QSW program must designate Quebec as their place of employment when applying for a BOWP.
How to Apply for a Bridging Open Work Permit:
Here’s a simple breakdown of the BOWP application process:
- Ensure your PR application is submitted under an eligible program.
- Check if your temporary resident status and current work permit are valid.
- Submit your BOWP application online through the IRCC portal, ensuring you provide all necessary documents.
- Pay the fees associated with the BOWP application.
Frequently Asked Questions About Bridging Open Work Permits:
What happens if my temporary resident status expires before I apply for BOWP?
You may still apply for a BOWP if you are eligible for status restoration and hold authorization to work.
Can I work for any employer with a BOWP?
Yes, most employers in Canada can hire individuals with a Bridging Open Work Permit. However, PNP and Quebec applicants must find jobs within their regions.
Is my family eligible for work permits, too?
If you meet certain conditions, your spouse or common-law partner may qualify for an open work permit. Dependent children, however, will need to apply for their licenses or LMIA exemptions.
A Bridging Open Work Permit can be a great option if you’re waiting for your permanent residency approval and want to keep working. It allows you to continue employment without the stress of finding an LMIA-approved job.
