Given the Federal Levels Plan for 2025, IRCC staff layoffs, and backlogs, Permanent Residency (PR) processing times are likely to increase. Will your work permit still be valid in a year? Will it be valid in two years? If no, you should determine what your work permit options are sooner rather than later.
Some people might be eligible for an LMIA-exempt bridging work permit after they submit their Canadian PR application. There are vital differences between bridging open work permits (BOWPs) and bridging closed work permits. I often see applicants who mistakenly apply for a BOWP when they should have applied for a Bridging Closed WP. Picking the wrong application type can result in IRCC refusing your work permit. A refused work permit may result in you losing your ability to work, which can jeopardize your PR application, especially if it was a Provincial Nominee Program (PNP) application.
Read on to ensure you understand what type of bridging work permit is available in which circumstances. Remember that many types of work permits require your employer to have first obtained a Labour Market Impact Assessment (LMIA). Bridging work permits are LMIA exempt, but you can only apply for a bridging work permit if you meet all the eligibility criteria. This article provides legal information but should not be taken as legal advice.
What is a Bridging Open Work Permit (BOWP)?
A BOWP is designed to allow eligible individuals with pending PR applications to continue working in Canada. These permits are considered “open,” meaning they are not employer-specific, and the holder can work for most employers in Canada.
Eligibility Criteria for a BOWP: IRPR s.205(a), LMIA exemption code A75 under the International Mobility Program:
-
The applicant must currently be inside Canada and must have valid temporary resident status under IRPA s.22.
-
The applicant must either have:
-
a valid work permit, or
-
have maintained status and authorization to work under IRPR s.186(u), or
-
must be eligible to restore their Temporary Residency (TR) status with authorization to work on a work permit.
-
The applicant must be the Principal Applicant and must have submitted a PR application under specific streams, such as:
-
Federal Skilled Worker Program (FSW)
-
Canadian Experience Class (CEC)
-
Federal Skilled Trades Program (FST)
-
Provincial Nominee Program (PNP) – but only where there is no employer restriction on the nomination
-
Agri-Food Pilot
-
Quebec Skilled Worker Class (QSWC)
-
Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP)
-
The PR application must have passed a completeness check or acknowledgement of receipt (AoR). For Express Entry applications including FSW, CEC, FST or EE linked PNP, the e-APR must have passed R.10 completeness check. For PR Portal applications, the applicant must have a positive eligibility assessment from IRCC.
-
The application for a BOWP must be submitted electronically unless an exemption applies.
Who is NOT Eligible for a BOWP?
-
Foreign nationals in Canada who are exempt from a work permit under any other section of IRPR 186 cannot obtain a BOWP.
-
Anyone applying at a Port of Entry (POE) or a visa office has not been admitted as a temporary resident and is therefore not eligible to apply for a BOWP – no flagpoling!
-
Spouses and dependent children of the Principal Applicant are not eligible for a BOWP; family members would have to see if they are separately eligible for a different category of work permit (which is usually LMIA required).
-
Anyone who is inadmissible to Canada is not eligible for a BOWP.
Specific Eligibility – Provincial Nominees
Foreign nationals nominated under a PNP are eligible for a BOWP only if they:
-
Provide a copy of the nomination letter issued by the nominating province or territory that indicates their employment is unrestricted.
-
Select “Open Work Permit” on their application form.
-
Prove they met the completeness check or have AoR and otherwise meet eligibility criteria.
-
Continue to show they have temporary intent or a dual intent.
Key Benefits of a BOWP:
-
Flexibility to work for any employer across Canada.
-
No restrictions tied to a specific province or employer.
-
Can maintain status and continue to work until the BOWP expires which hopefully takes you to PR landing.
A BOWP is particularly useful for individuals who wish to maintain employment flexibility or those whose employment circumstances may change during their transition to PR status.
What is a Bridging Closed Work Permit?
In contrast, a bridging closed work permit is “closed,” meaning it is tied to a specific employer and often, a specific job. An applicant must submit a Bridging Closed Work Permit if they were nominated under a PNP stream with an employer-restricted nomination and they must also have an employer who submitted an Offer of Employment through the Employer Portal and obtained an A number and an O number.
Many PNP programs require a job offer or employer support. If the Province imposed employment restrictions, IRCC will not approve a BOWP! Unless your employer has an LMIA, if you want to be able to continue to work after getting nominated in a PNP category that has restricted employment, you will need to take extra steps to ensure you are eligible for a Bridging Closed Work Permit.
To determine if your PNP nomination has restrictions on employment, make sure to check your nomination letter. Your nomination will have either “Yes” or “No” in the “Restrictions on employment” field. The box is extremely important because it provides IRCC officers with confirmation of whether or not you are eligible to apply for a BOWP.
Determining if Employment is Unrestricted
The following table, included in the operational guidelines, helps clarify the restrictions: