Bridging Open Work Permit is for foreign nationals seeking to continue to work in Canada while their permanent residence application is being processed. Here’s how one can be eligible for a Bridging Open Work Permit.
Well, without a Bridging Open Work Permit, foreign nationals – alongside their families, including spouses, common-law partners, and dependents – would need to leave Canada temporarily, stay in the country under visitor status, or find an employer willing to apply for a Labor Market Impact Assessment.
Note: Compared to work permits requiring an LMIA, open work permits like a BOWP offer flexibility for the permit holder. This is because open work permits enable the holder to work for most employers in most industries across Canada.
Who Is Eligible For A Bridging Open Work Permit?
In order to be eligible for a Bridging Open Work Permit, foreign nationals must:
- Presently reside in Canada after being authorized to enter as a temporary resident
- Hold valid status in Canada in one of three ways:
- Hold a valid work permit
- Have maintained status alongside authorization to work
- Be eligible to restore their temporary resident (TR) status
- Have submitted a PR application under one of the seven eligible economic immigration programs:
- Express Entry: Federal Skilled Worker Program
- Express Entry: Canadian Experience Class
- Express Entry: Federal Skilled Trades Program
- Provincial Nominee Program
- Quebec Skilled Worker Program
- Agri-Food Pilot Program
- Caring for Children Class/ Caring for People having High Medical Needs Class
- Complete one of the following Application for Permanent Residence stages:
- Express Entry
Electronic Application for Permanent Residence (EAPR) has passed the completeness check/ inspection under Section 10 of the Immigration and Refugee Protection Regulations.
- QSW Program
APR has passed the completeness check under Section 10 of the IRPR.
- All Other BOWP-Eligible Program
Applicants have obtained a positive eligibility assessment on their APR.
Note: Foreign nationals who are eligible for temporary resident status restoration must also have authorization to work on a work permit.
Are The Family Members Of A BOWP Holder Eligible For An Open Work Permit?
Open Work Permit varies based on how the family member is related to the BOWP holder.
- Spouse Or Common-Law Partner
The spouse or common-law partner of a BOWP holder might be eligible for an open work permit if they meet the following conditions:
- They either hold a valid work permit or are authorized to work in Canada without a work permit.
- They are authorized to work in Canada for a minimum of six months from the date that the Spousal Open Work Permit application is obtained.
- They are either physically living in Canada or plan to do so while they are employed.
- They are in a genuine relationship with their spouse or common-law partner.
- They are employed in a manner that meets one of these criteria:
- A profession which falls under National Occupation Classification Skill Level 0, A, or B
- In an NOC 0, A, B, or C profession (Atlantic Immigration Pilot applicants only)
- In any profession, if they formally hold a provincial nomination certification or a Quebec Selection Certificate
- Dependent Children
Meanwhile, the dependent children of a BOWP holder are not eligible for an open work permit. Instead, to apply for a work permit, they must obtain an LMIA or obtain an LMIA exemption.
What Conditions Does IRCC Put On The Location Of Employment For BOWP Applicants?
As mentioned, open work permits enable holders flexibility regarding who they can work for and their ability to change employment. However, for BOWPs, conditions can be placed on the employment location of two holders in two specific circumstances:
- PNP Applicants
IRCC mandates that PNP applicants who apply for a BOWP are restricted to employment locations located in the nominating province or territory.
- Quebec Applicants
QSW program applicants must select the province of Quebec as their place of employment when applying for a BOWP.
Immigtoronto is dedicated to helping prospective immigrants find their path to permanent residency. Our team is ready to assist you with any inquiries; simply get in touch by sending an email to [email protected].
