In order to continue working while their petitions for permanent residency are being processed, foreign nationals in Canada must get a Bridging Open Work Permit. Without a BOWP, foreign nationals would have to leave Canada temporarily or remain in visitor status, which forbids employment, along with their families, which includes spouses, common-law partners, and dependents. Alternatively, they would have to find a company that would be prepared to submit an application for a Labor Market Impact Assessment. Discover essential requirements for applying to a bridging open work permit.

Open work permits, like the BOWP, give the permit holder more flexibility than work permits that require an LMIA. People in Canada with open work permits can work for a variety of companies in a range of industries.

Essential Eligibility Factors for Bridging Open Work Permits 

In order for a foreign national to be eligible for a Bridging Open Work Permit (BOWP), they must be in Canada at the moment and have permitted temporary resident status. While their work permit renewal is being processed, they should either have a valid work permit or have retained their status as temporary residents, which includes the ability to work. Furthermore, candidates have to be qualified to regain their status as temporary residents if needed.

A person must have applied for permanent residency under one of the seven designated economic immigration programs in order to be eligible for a BOWP. These programs include the Agri-Food Pilot Program, the Provincial Nominee Program, the Quebec Skilled Worker Program, the Federal Experience Class, the Federal Skilled Trades Program, and the Caring for Children Class or Caring for People with High Medical Needs Class (for applications submitted before June 18, 2019). In order for foreign nationals to move seamlessly to a BOWP while their PR application is being processed in Canada, they must fulfill these requirements.

To be eligible for a Bridging Open Work Permit in Canada, applicants must meet specific requirements based on their Application for Permanent Residence stage. Express Entry applicants must pass the completeness check for their Electronic Application for Permanent Residence under Section 10 of the IRPR. Quebec Skilled Worker Program applicants also need their APR to clear the Section 10 completeness assessment. Other BOWP-eligible programs require a positive eligibility assessment on the applicant’s APR.

Foreign nationals who are qualified to regain their status as temporary residents must also be able to work under a valid work permit. As their PR application is being handled in Canada, these requirements make sure that candidates are in the best possible position to apply for and be granted a Bridging Open Work Permit.

Family Members of BOWP Holders – Eligibility for Open Work Permits 

The family member’s relationship to the BOWP holder determines the family member’s eligibility for an Open Work Permit (OWP).

Spouse or common-law partner

A BOWP holder who satisfies the following requirements may be eligible for a Spousal Open Work Permit (SOWP) from their spouse or common-law partner:

  • Holds a valid work permit or is eligible to work in Canada without a work permit.
  • Has authorization to work in Canada for at least six months starting from the date the SOWP application is submitted.
  • Currently resides in Canada or plans to reside there while employed.
  • Maintains a genuine relationship with their spouse or common-law partner.
  • Is employed in one of the following categories:
    • Holds a job classified under National Occupation Classification (NOC) Skill Level 0, A, or B.
    • Holds a job classified under NOC 0, A, B, or C (applies to Atlantic Immigration Pilot applicants only).
    • Holds a provincial nomination certificate or a Quebec Selection Certificate, allowing employment in any occupation.

Dependent children 

Open Work Permits are not granted to dependent children of Bridging Open Work Permit  holders. Instead, in order to apply for a work permit, they must do the following:

Labor Market Impact Assessment: If an employer receives a positive LMIA from Employment and Social Development Canada (ESDC), they are eligible to apply for a work permit. This evaluation confirms that no Canadian worker is available and that a foreign worker is required to fill the position.

LMIA Exemption: As an alternative, dependent children might qualify for a work visa under some LMIA exemptions. These exclusions include circumstances in which the activity is protected by bilateral employment agreements, international agreements (like NAFTA), or Canadian legislation that exempt the work from requiring an LMIA due to its nature.

In all situations, achieving the requirements for an LMIA or qualifying for an LMIA exemption as specified by Canadian immigration regulations is necessary in order to get a work permit for dependent children of a BOWP holder.

Conditions on Employment Location for BOWP Applicants 

Open Work Permits offer freedom in terms of work choices and the ability to change employers, as was previously mentioned. However, there are two distinct situations in which Bridging Open Work Permits (BOWPs) may contain restrictions on the place of employment.

Applicants of PNP

Candidates for a Bridging Open Work Permit under the PNP are required by IRCC to work exclusively in the province or territory where they were nominated.

Applicants of Quebec 

When applying for a Bridging Open Work Permit, applicants under the Quebec Skilled Worker program must specify Quebec as their preferred area of employment.