Do You Qualify for a Bridging Open Work Permit?

Navigating the path to secure a Bridging Open Work Permit (BOWP) can be a strategic move for foreign workers in Canada awaiting the verdict on their permanent residency (PR) applications. The BOWP stands out as an essential tool for these individuals and their families, enabling them to maintain their employment status without interruption. Without the provision of a BOWP, workers might be faced with the stark choices of leaving Canada or ceasing to work while adopting visitor status, unless they secure a new work permit supported by a Labour Market Impact Assessment (LMIA).

To be considered for a Bridging Open Work Permit, foreign nationals must be present in Canada and should hold a valid status as a temporary resident. Valid status can be upheld in one of several scenarios, including holding a current work permit, having valid status while authorized to work after a work permit renewal, or being a candidate for restoring their temporary resident status. Moreover, BOWP hopefuls must have submitted their PR application through certain economic immigration routes such as Express Entry’s Federal Skilled Worker, Canadian Experience Class, or Federal Skilled Trades Programs, the Provincial Nominee Program, the Quebec Skilled Worker Program, the Agri-Food Pilot Program, or the classes aiming at caregivers, with applications filed before June 2019.

Eligibility for BOWP notably hinges on reaching specific milestones in the PR application process. For Express Entry and Quebec Skilled Worker applicants, this means their Application for Permanent Residence must have surpassed the completeness check as stipulated by the Immigration and Refugee Protection Regulations (IRPR). Applicants from other programs need to have received positive eligibility assessments on their application.

Those closely linked to BOWP holders also have avenues to work permits. Spouses or common-law partners may be granted a permit considering the BOWP holder meets employment criteria such as holding a valid work permit, being authorized for Canadian work for at least six months upon application, and residing or planning to reside in Canada. Employment must fall under the National Occupation Classification (NOC) Skill Level 0, A, or B, with variances accommodated for Atlantic Immigration Pilot applicants or those with provincial nominations or Quebec Selection Certificates. However, dependent children of a BOWP holder are precluded from automatic work permits and must seek an LMIA or an LMIA exemption.

There are specific location restrictions for BOWP applicants. PNP applicants and those from Quebec are mandated to work within the respective provinces or territories that nominated them.

It is crucial for candidates to understand the full spectrum of requirements and documentation necessary for BOWP applications. For comprehensive information on the BOWP and assistance with the application process, consult with experienced immigration law firms.

In conclusion, the Bridging Open Work Permit provides a valuable option for foreign nationals in Canada to maintain their work status while they progress through the permanent residency application process. Clarifying eligibility requirements and understanding the implications on family members is crucial for successful applications. For those seeking personal guidance, Canadian immigration law experts are available to streamline the application process. Email us at hello@bisonimmigration.com