Many individuals applying for permanent residency in Canada find themselves in a situation where their current work permit is about to expire while their permanent residence application is still in process. This is where the concept of a Bridging Open Work Permit (BOWP) becomes crucial. It acts as a vital bridge allowing qualified applicants to legally stay and work in Canada during the transitional period. For those pursuing Canadian immigration pathways such as Express Entry or other permanent resident programs, understanding how the Bridging Open Work Permit works is essential to maintaining legal status and uninterrupted employment.
What is a Bridging Open Work Permit?
The Bridging Open Work Permit is a special type of open work permit issued by Immigration, Refugees and Citizenship Canada (IRCC). It allows eligible individuals who have already applied for permanent residency to continue working while they await a final decision. Unlike employer-specific work permits, a BOWP gives applicants the flexibility to work for almost any employer in Canada.
Purpose of a BOWP
The primary goal of the Bridging Open Work Permit is to prevent a gap in legal status for foreign nationals residing and working in Canada. It helps applicants maintain continuity in employment without the need to leave the country or face job loss while their permanent residence is being processed.
Eligibility Criteria
Not everyone can apply for a Bridging Open Work Permit. The IRCC has defined clear requirements that must be met:
- The applicant must be currently in Canada.
- They must have valid temporary resident status as a worker.
- The permanent residence application must fall under an eligible program.
- Their current work permit must be due to expire within the next 4 months.
- The applicant must have received a confirmation of eligibility or acknowledgment of receipt from IRCC.
Eligible Permanent Residence Streams
Bridging Open Work Permits are available to applicants of certain permanent residence programs, such as:
- Federal Skilled Worker Program
- Federal Skilled Trades Program
- Canadian Experience Class
- Provincial Nominee Program (PNP) with no employer restrictions
- Agri-Food Pilot
- Quebec Skilled Worker applicants (with certain restrictions)
How to Apply for a BOWP
The process to apply for a Bridging Open Work Permit can be done online via the IRCC portal. Here’s a simplified overview of the application procedure:
Step-by-Step Application Process
- Log in to your IRCC online account.
- Choose Apply for a work permit from within Canada.
- Fill in the appropriate forms, particularly IMM 5710.
- Attach all supporting documentation, including your Acknowledgement of Receipt or confirmation letter for PR application.
- Pay the work permit and open work permit holder fees.
- Submit your application online and wait for a response.
Documents Required
- Copy of current work permit
- Proof of submission of permanent residence application
- Proof of valid status in Canada
- Passport bio-data page
- Employment records (if applicable)
Processing Time and Validity
Processing times for Bridging Open Work Permits can vary depending on the applicant’s location and volume of applications at IRCC. Typically, it takes a few weeks to several months. Once issued, a BOWP is usually valid for 1 year, but this can vary depending on the processing status of the permanent residency application.
Maintained Status (Implied Status)
If you submit your BOWP application before your current permit expires, you may continue to work under the same conditions of your expired permit while waiting for a decision. This is referred to as maintained status (formerly called implied status).
Advantages of a Bridging Open Work Permit
There are multiple advantages of obtaining a BOWP during your transition to permanent residency:
- You can continue working without interruption.
- There is no need for a new Labour Market Impact Assessment (LMIA).
- You are not tied to one specific employer or job.
- It helps maintain your legal immigration status.
Common Mistakes to Avoid
Applicants sometimes face delays or rejections due to avoidable mistakes. Here are key issues to watch out for:
- Applying too early or too late
- Not including proof of PR application submission
- Incorrectly completed forms
- Failure to maintain valid status at time of application
Bridging Open Work Permit vs Other Work Permits
It is important to distinguish a BOWP from other types of Canadian work permits. A BOWP is an open work permit, meaning it doesn’t tie the worker to a specific employer or location, unlike an employer-specific work permit which is job-dependent and often requires an LMIA.
Comparison Table
- BOWP: Open, for PR applicants, no LMIA needed.
- Employer-specific permit: Closed, job-specific, often requires LMIA.
- International Mobility Program: May be open or closed, based on specific agreements.
Can Spouses or Dependents Work?
Spouses or common-law partners of BOWP holders may also be eligible for an open work permit, especially if the principal applicant works in a skilled occupation. Dependents may qualify for study permits or visitor status depending on their age and educational plans.
When to Renew a BOWP
In most cases, if your BOWP expires before you receive permanent residence, you may need to reapply or extend. However, reissuance depends on the stage of your PR application. It’s important to plan ahead and check for updates from IRCC.
Understanding how the Bridging Open Work Permit functions can significantly reduce stress for temporary residents transitioning to permanent status in Canada. It ensures that workers remain employed, families stay together, and legal status is uninterrupted. If you are planning to settle permanently in Canada and meet the eligibility criteria, a BOWP can be your key to a smooth and successful transition. Always review current IRCC guidelines and consult a professional when in doubt, as immigration policies can evolve over time.