How to Obtain a Bridging Open Work Permit (BOWP)

A Bridging Open Work Permit (BOWP) allows individuals in Canada to continue working while they await a decision on their permanent residence (PR) application. This permit is ideal for those who have already applied for PR and wish to maintain their employment status without interruption.

Eligible foreign nationals can receive a BOWP for up to two years, with potential extensions granted at the discretion of immigration officers. Unlike employer-specific work permits, BOWPs are open, meaning holders can work for most employers across a wide range of occupations.

This guide outlines:

• Eligibility requirements for obtaining a BOWP
• Key restrictions on employment location
• The process for applying for a BOWP
• Options for workers whose permits have expired without applying for a BOWP
• How family members can apply for an Open Work Permit (OWP)

Who is Eligible for a Bridging Open Work Permit?

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

1. Temporary Resident Status: The individual must currently reside in Canada under temporary resident status.
2. Permanent Residence Application: The applicant must be the principal applicant in one of the following immigration programs:
   • Canadian Experience Class (Express Entry)
   • Federal Skilled Worker Program (Express Entry)
   • Federal Skilled Trades Program (Express Entry)
   • Provincial Nominee Program (PNP) (provided no employer restrictions are applied)
   • Quebec Skilled Worker Program (QSW)
   • Agri-Food Pilot
   • Home Child-Care Provider Pilot or Home Support Worker Pilot
   • Caring for Children Class or Caring for People with High Medical Needs Class (only applicable if the PR application was submitted before June 18, 2019).
3. Valid Status Requirements: The applicant must meet at least one of the following:
   • Hold a valid work permit.
   • Have an expired work permit but maintain worker status after submitting a renewal application.
   • Be eligible to restore temporary resident status with authorization to work under a new work permit.
4. Acknowledgment of Receipt (AOR): The applicant must have received an AOR letter from Immigration, Refugees and Citizenship Canada (IRCC) confirming their PR application has been received.
5. Application Progress: For those applying through Express Entry or QSW, applicants must have passed the completeness check for their Application for Permanent Residence (APR). Applicants under other eligible programs must have received a positive eligibility assessment.

If a work permit expires while the BOWP application is under processing, the applicant can continue working under “maintained status” as long as the BOWP application was submitted while the original work permit was still valid.

Employment Location Conditions for BOWP Holders

Although BOWPs are open, meaning workers are not restricted to a specific employer, there are some location-related conditions:

• Provincial Nominee Program (PNP): Workers nominated through PNP can only work in the province or territory where they were nominated.
• Quebec Skilled Worker Program (QSW): Applicants under the QSW must select Quebec as their employment location.

How to Apply for a Bridging Open Work Permit

The application for a BOWP is generally submitted online through the IRCC portal. Here’s a step-by-step overview of the process:

1. Confirm Eligibility: Ensure you meet the eligibility requirements for a BOWP.
2. Select Open Work Permit: Choose “Open Work Permit” as the permit type on the IRCC portal.
3. Complete Forms: Fill out the necessary forms as outlined by the IRCC.
4. Provide Documentation: Submit the required documents, which vary depending on your immigration pathway.
5. Pay Fees: Pay the processing fee and the Open Work Permit holder fee.
6. Submit the Application: Submit your application through the IRCC portal.

Once granted, the BOWP will remain valid until either:

• A decision is made on your PR application.
• The BOWP or your passport expires, whichever occurs first.

If the BOWP expires before a decision is made on the PR application, IRCC may extend the permit for up to 12 months at a time.

What Happens if Your Work Permit Expires Before Applying for a BOWP?

If a foreign national’s work permit expires and they haven’t applied for a BOWP, they lose their authorization to work in Canada. In this case, there are a few options:

1. Apply for a Visitor Record: The individual and their family can remain in Canada as visitors but must cease working.
2. Leave Canada: The individual can leave Canada and wait for their PR application to be processed.
3. Apply for a New Work Permit: The applicant may pursue a work permit under the Temporary Foreign Worker Program (TFWP) if they can find an employer willing to apply for a Labour Market Impact Assessment (LMIA). They must cease working until a new work permit is issued.

Can Family Members Apply for an Open Work Permit?

Family members of a BOWP holder can apply for an Open Work Permit (OWP) if they meet the following criteria:

Principal Applicant Requirements:

• Must be living and working in Canada or planning to do so.
• Must have a valid work permit that will remain valid for at least six months after the OWP application is received by IRCC.
• Must have applied for PR under an economic class (e.g., Express Entry or QSW).
• If applying under QSW, the applicant must hold a Certificat de sélection du Québec (CSQ).
• Must meet the following employment requirements:
  • Occupation in NOC TEER 0 or 1.
  • Occupation in select high-skilled positions in NOC TEER 2 or 3.

Family Member Requirements:

• Must meet general eligibility for a work permit.
• Must be a genuine partner (spouse/common-law partner) or a dependent child of the principal applicant.
• Must have legal temporary resident status, applied for maintained status, or be eligible for status restoration.

Conclusion

A Bridging Open Work Permit is a valuable option for foreign workers in Canada who are waiting for a decision on their permanent residency application. The BOWP allows individuals to continue working legally while awaiting their PR status, providing stability for both the worker and their family. By understanding the eligibility criteria, application process, and any restrictions on employment location, applicants can navigate the system more effectively and maintain their status in Canada.

For a consultation about Immigration options, reach out to the CAD IMMIGRATION today!