How to get a Bridging Open Work Permit

Bridging Open Work Permits (BOWP) allow work permit holders to continue working in Canada while awaiting a decision on their permanent residence (PR) application.

Eligible foreign nationals can be issued a BOWP for up to two years in duration, and BOWPs may be extended at an immigration officer's discretion.

Open Work Permits (OWPs) such as BOWPs are not tied to a particular job or employer. A BOWP authorizes the holder to work for most employers in most occupations in Canada.

This article will cover

• The eligibility criteria for who can obtain a BOWP;
• Certain conditions imposed on location of employment;
• How to apply for a BOWP;
• The options available for work permit holders with expired permits that didn’t apply for a BOWP; and
• A family member's ability to apply for an OWP.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

Who is eligible to receive a BOWP?

A foreign worker can only apply for a BOWP if they meet the following criteria:

• They are currently residing in Canada on temporary resident status.
• They have applied for permanent residence status as the principal applicant under one of the following economic immigration programs:
  • The Canadian Experience Class (Express Entry);
  • The Federal Skilled Worker Program (Express Entry);
  • The Federal Skilled Trades Program (Express Entry);
  • The Provincial Nominee Program (if there are no employer restrictions on the nomination);
  • The Quebec Skilled Worker Program (QSW);
  • The Agri-Food Pilot;
  • The Home Child-Care Provider Pilot or Home Support Worker Pilot; or
  • *The Caring for Children Class or Caring for People with High Medical Needs Class.
• They meet one of the valid status requirements below:
  • Hold a valid work permit;
  • *Have an expired work permit but are on maintained status as a worker after submitting a work permit renewal; or
  • Are eligible to restore their temporary resident status with authorization to work on a work permit.
• They have an Acknowledgement of Receipt (AOR) letter for their PR application.
• They have completed one of the following Application for Permanent Residence (APR) stages (program-dependent):
  • Have passed a completeness check under Section 10 of the Immigration and Refugees Protection Regulations, if they’ve applied for PR through Express Entry or QSW; or
  • Have received a positive eligibility assessment on their APR, if they’ve applied to any of the other BOWP-eligible programs.

*Foreign nationals who submitted a PR application under the Caring for Children class or Caring for People with High Medical Needs Class must have done so before June 18, 2019 to be eligible for a BOWP.

*If the principal applicant's work permit expires while their BOWP application is being processed, they can keep working under maintained status, as long as they applied for the BOWP while their work permit was still valid, and as long as they continue to remain in Canada.

Temporary residents are permitted to travel outside Canada while their BOWP is being processed (which typically takes three to four months), but if they leave after their work permit expires, they will not be permitted to work until the BOWP is approved.

Conditions put on location of employment

Open work permits, by nature, give foreign workers the freedom to work for any employer within Canada and ability to change employment.

For BOWPs, however, there are two circumstances in which conditions are imposed regarding employment location, including that

• PNP applicants can only work in their nominating province or territory; and
• QSW applicants must select Quebec as their employment location.

How to apply for a BOWP

Applications for BOWPs should, in most cases, be submitted online through Immigration, Refugees and Citizenship Canada's (IRCC) online portal.

The applicant will need to

• Confirm their eligibility;
• Select “Open Work Permit” as the permit type on the IRCC portal;
• Complete the appropriate forms;
• Provide the documents listed on the document checklist (dependent on the applicant’s immigration pathway);
• Pay the work permit processing fee and OWP holder fee; and
• Submit the application.

Upon issuance, a BOWP will remain valid until one of the following occurs:

• A decision is reached on the applicant’s PR application; or
• Either the BOWP—which can be issued for up to 24 months—or the applicant’s passport expires, whichever comes first.
• If a BOWP expires before the PR application is processed, IRRC may issue an extension of up to 12 months (at a time).

What happens if a work permit expires before applying for a BOWP?

To apply for a BOWP, a foreign national must hold a valid work permit, have legal authorization to work under maintained status, or be eligible to restore their status and receive a work permit.

If a foreign national has not yet applied for a BOWP, and their work permit has expired and they are not eligible to restore their status, they are no longer legally authorized to work in Canada, and have three main options:

1. They can apply for a visitor record, and they (and their family, if applicable) can remain in Canada with temporary resident status as visitors (they will need to cease working);
2. They (and their family, if applicable) can leave Canada, and await the outcome of their PR application;
3. They can pursue a work permit under the Temporary Foreign Worker Program (TFWP), if they can locate an employer who is willing to complete the application process for a Labour Market Impact Assessment (LMIA). They must still cease working in Canada until they once again have legal authorization to work.

Can family members apply for an Open Work Permit?

In order to be eligible for an OWP, both BOWP holder (principal applicant) and family member must meet a set of requirements.

Principal applicant

• They are currently living and working in Canada or plan to do so;
• They have a valid work permit or are approved for a work permit;
• Their work permit will be valid for at least six months after  IRCC receives the family member's OWP application;
• Their work permit was issued or approved after applying for an economic class PR pathway;
• If they applied for PR as a QSW, they hold a Certificat de sélection du Québec; and
• They meet one of the following employment requirements.
  • Are in any high-skilled occupations in *NOC TEER 0 or 1; or
  • Are in select high-skilled occupations in NOC TEER 2 or 3.

* The National Occupation Classification (NOC) is Canada’s official system for identifying and categorizing jobs based on Training, Education, Experience and Responsibilities (TEER). All jobs fit into one of six TEER levels, ranging from TEER 0 (requiring the most education/training) to TEER 5 (requiring the least).

Family member

• They meet the general eligibility requirements to be issued a work permit;
• Their family member residing in Canada falls under one of the following situations; and
  • They have valid temporary resident status;
  • They've applied for maintained status; or
  • They're eligible to restore their status as either a visitor, worker, or student.
• They are in a genuine relationship with the principal applicant and are one of the following.
  • The principal applicant's spouse/common-law partner;
  • The *dependent child of the principal applicant and/or spouse/partner; or
  • The dependent child of the dependent child (i.e., grandchild).

*Dependent children cannot be the principal applicant and must meet the minimum age requirements to work in the province or territory in question.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm