Bridging Open Work Permit

Overview

The Bridging Open Work Permit (BOWP) is a crucial interim measure for eligible foreign nationals already in Canada. It allows individuals who have applied for permanent residence (PR) from within Canada, and whose existing work permits are nearing expiry, to obtain an open work permit. This ensures they can continue working legally while Immigration, Refugees and Citizenship Canada (IRCC) processes their PR application.

How it works

The BOWP acts as a 'bridge' between the expiry of a current work permit and the final decision on a PR application. It provides continuity of employment authorization, preventing applicants from having to stop working or leave Canada due to an expiring work permit. The BOWP is an open work permit, meaning it is not employer-specific and allows the holder to work for any employer in Canada.

Who it's for

The BOWP is primarily designed for individuals who have submitted an application for permanent residence under certain economic immigration programs and meet specific criteria regarding their status in Canada and the validity of their current work permit.

To be eligible for a Bridging Open Work Permit (BOWP), applicants must meet several key criteria:

• Currently in Canada: Applicants must be physically present in Canada at the time of their BOWP application.
• Valid Status in Canada: Applicants must hold valid temporary resident status (e.g., as a worker, visitor, or student) or be eligible for restoration of status if their status has recently expired.
• Permanent Residence Application: The applicant must have submitted an application for permanent residence under one of the following programs:
  • Federal Skilled Worker Program (FSWP)
  • Canadian Experience Class (CEC)
  • Federal Skilled Trades Program (FSTP)
  • Provincial Nominee Program (PNP) – Note: Specific criteria apply to PNP applicants, generally requiring a nomination that is unrestricted by occupation or employer.
  • Agri-Food Pilot (AFP)
  • Quebec Skilled Workers Program (QSWP)
• AOR Received: An Acknowledgement of Receipt (AOR) for the permanent residence application must have been received from IRCC.
• Expiring Work Permit: The applicant's current work permit must be due to expire within four months, or it must have already expired, but the applicant must be eligible for maintained status (implied status) or restoration.
• Open Work Permit Eligibility: The applicant must generally be eligible for an open work permit, meaning there are no inadmissibility issues that would prevent the issuance of such a permit.

When applying for a Bridging Open Work Permit (BOWP), you will typically need the following documents:

• Proof of valid status in Canada: A copy of your current work permit, study permit, or visitor record.
• Acknowledgement of Receipt (AOR) for your Permanent Residence (PR) application: This document confirms that IRCC has received your PR application.
• Proof of submission of your PR application: This could be a screenshot of your online application portal showing the submission confirmation or a copy of the mailed application.
• Passport or travel document: Copies of the biodata page and any pages with stamps or visas.
• Digital photo: Meeting IRCC specifications.
• Family Information form (IMM 5707 or IMM 5645): As applicable.
• Application for Work Permit form (IMM 5710): Duly completed.
• Provincial Nominee Program (PNP) certificate: If applicable, especially if your nomination is employer-specific, you may need to demonstrate that your nomination is unrestricted.
• Medical Exam Confirmation: If a medical exam was required for your PR application, proof of completion may be requested.
• Police Certificates: If required for your PR application, proof of submission may be prudent.

Applying for a Bridging Open Work Permit (BOWP) generally involves the following steps:

1. Confirm Eligibility: Ensure you meet all the eligibility criteria for the BOWP, including having a valid PR application in process and an expiring work permit.
2. Gather Required Documents: Collect all necessary documents, such as your AOR for PR, current work permit, passport details, and ensure all forms are completed accurately.
3. Complete the Application Form: Fill out the 'Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker' (IMM 5710) form. Be sure to indicate you are applying for a Bridging Open Work Permit.
4. Pay Fees: Pay the applicable government processing fees online. This typically includes the work permit processing fee and the open work permit holder fee.
5. Submit Application Online: Submit your complete application package through the IRCC secure online portal. Ensure all fields are filled, and all required documents are uploaded. It is crucial to monitor your online account for any updates or requests for additional information.
6. Maintain Implied Status (if applicable): If your current work permit expires after you apply for the BOWP but before a decision is made, you will have 'implied status' (also known as maintained status) and can continue working under the same conditions as your previous permit until a decision is rendered.
7. Await Decision: IRCC will review your application. If approved, you will receive your new open work permit by mail. If more information is needed, IRCC will contact you.

Spouses or common-law partners of Bridging Open Work Permit (BOWP) holders may be eligible for an open work permit. This is typically applicable if the principal applicant's PR application is under a high-skilled economic program (e.g., FSWP, CEC, or certain PNP streams). Dependent children may be eligible to apply for study permits or visitor records, depending on their age and educational intentions. The eligibility of family members is assessed based on the principal applicant's status and the nature of their PR application.

A Bridging Open Work Permit (BOWP) grants the holder the right to work for any employer in Canada in almost any occupation. It is not tied to a specific employer or location, offering significant flexibility. This contrasts with employer-specific work permits. The open nature of the BOWP allows individuals to change jobs, locations, or even occupations without requiring a new work permit, provided they continue to meet the general conditions of an open work permit holder.

The Bridging Open Work Permit (BOWP) itself does not directly lead to permanent residency (PR). Instead, it serves as an interim work permit for individuals who have already applied for PR through an existing economic immigration program (such as the FSWP, CEC, FSTP, or certain PNP streams). The BOWP allows these applicants to maintain their legal status and work authorization in Canada while their PR application is being processed, thereby supporting their journey to PR. The pathway to PR is established by the underlying PR application, not the BOWP itself.

• Incomplete Application: Missing documents or forms, or forms not filled out completely and accurately.
• Ineligibility: Not meeting all the criteria for the BOWP, such as not having a valid PR application Acknowledgement of Receipt (AOR) or not being in Canada.
• Loss of Status: Failing to maintain legal temporary resident status in Canada prior to or during the application process, and not being eligible for restoration of status.
• Underlying PR Application Issues: If the permanent residence application becomes ineligible or is refused, the BOWP application will also be refused.
• Misrepresentation: Providing false information or concealing material facts in the application.
• Criminal Inadmissibility: Having a criminal record that makes an applicant inadmissible to Canada.