Bridging Open Work Permits (BOWP) in Canada

Navigating immigration policies can be challenging, especially when transitioning from temporary to permanent residency. One key tool for managing this transition is the Bridging Open Work Permit (BOWP). This guide provides everything you need to know about the BOWP, including who qualifies, who doesn’t, and how you and your family can continue to work in Canada while waiting for your Permanent Residence to be approved.

A Bridging Open Work Permit (BOWP) is a temporary work permit that allows foreign nationals to keep working in Canada while their permanent residence (PR) application is being processed. Essentially, this permit “bridges” the gap between the end of your current work permit and the final decision on your PR application. Issued by Immigration, Refugees and Citizenship Canada (IRCC), the BOWP allows you to continue working legally in Canada while you wait for your PR application decision.

To be eligible for a BOWP, you must meet all of the following criteria:

• Valid Work Permit: You must be in Canada with a valid work permit, maintained status, or be able to restore your status as a worker.
• Pending Permanent Residence Application: You must have submitted a complete PR application under one of the following categories:
• Federal Skilled Worker Program (FSWP) – Acknowledgment of Receipt (AOR) letter needed
• Canadian Experience Class (CEC) – AOR needed
• Federal Skilled Trades Class (FSTC) – AOR needed
• Provincial Nominee Program (PNP) – AOR needed
• Agri-Food Pilot (AFP) – Approved In Principle (AIP) letter needed
• Quebec Skilled Worker Class (QSWC) – Certificat de sélection du Québec (CSQ) and a copy of the letter with your permanent application number starting with “E”
• Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP) –Approved In Principle (AIP) letter needed
• Application Acknowledgment: You should have received an acknowledgment of receipt (AOR) or an approval in principle (AIP) after submitting your application for Permanent Residence. Whether you need to provide an AOR or an AIP with your BOWP application depends on the stream under which your PR application was submitted.

You are not eligible for a BOWP if:

• You do not have a PR application in Process: you must have a PR application in process with IRCC to be eligible to apply for BOWP. Submitting an Express Entry profile or applying for a Provincial Nominee Program does not qualify you for a BOWP, as individuals in these situations are not considered to have an application for Permanent Residence in process.
• Exempt from Work Permit requirements:
  You are working in Canada without a work permit – like a Religious visitor or Business visitor.
• Application Location: You cannot apply for the BOWP at a border, port of entry or overseas visa office. You must apply from within Canada via the IRCC online application system.
• Spouses and Dependents:
  The spouses and dependents of the principal applicant generally do not qualify for a BOWP. Instead, they can apply for work permits under different categories based on their relationship to the principal applicant.
• Inadmissible to Canada: You are inadmissible to Canada for any reason.

You can apply for a BOWP once you have:

• Submitted Your Permanent Residence Application: Your PR application must be submitted and acknowledged by IRCC.
• Received AOR: You must have received an acknowledgment of receipt (AOR) or an approval in principle (AIP), which confirms a positive eligibility assessment and indicates that your application is under review. With some application streams, the AOR is issued immediately when the application for permanent residence is submitted. With other application streams, the AOR or the AIP can take several weeks or months to arrive once the PR application has been submitted.

It’s important to ensure that your application has reached the necessary processing stages for eligibility before applying for the BOWP.

If your work permit has expired, you might still be able to apply for a BOWP if you apply for restoration within 90 days and pay the restoration fees of $229. However, it’s important to note that when you apply to restore your temporary resident status, you cannot work until your new BOWP has been issued.

While your spouse or children cannot apply for BOWP, they will still need to extend their temporary resident status before its expiry. They may be eligible to apply for their own open work or study permits under specific conditions. For them to apply, they need to:

• Be Included in Your PR Application:
  They must be listed as dependents in your PR application.
• Meet Eligibility Requirements:
  They must have valid temporary resident status or be eligible to restore status and meet other criteria for their respective permits.

Family members of the principle applicant are eligible to work or study in Canada. As long as the principal applicant is working in Canada, the spouse or common-law partner of the applicant can apply for an open work permit as the spouse of a worker in Canada. Dependent children can apply for an open work permit, a study permit, or a visitor record, depending on their age.

The BOWP application must be submitted online through the myCIC secure account. Key step includes:

• Provide Proof: Submit proof of your current work permit and your PR application.

When applying for a BOWP, you must include:

• Acknowledgment of Receipt Letter or Approval in Principle Letter: Upload this in the “Client information” field if applying online.
• Additional Documents: Your online application portal will generate a list of forms and documents to include with your application, including a valid passport, photo and other additional documents depending on your situation.

• Processing Time:
  BOWP applications typically take 3-4 months.
• Expired Work Permit: If your current work permit expires while your BOWP application is being processed, you can continue working under maintained status until a decision is made, as long as you submitted the BOWP application while your work permit was still valid. If your application for a bridging open work permit is denied, you must stop working immediately.

A BOWP allows you to work for any employer in Canada, except for certain jobs requiring a medical exam. Employment may be restricted to a specific province or territory based on your PR application. BOWP holders can also work for multiple employers and locations unless restricted. However, if you plan to change employers once you receive the bridging open work permit, ensure that you are mindful of any restrictions on your employment that are a condition of your Provincial Nomination Certificate or Arranged Employment requirements for your application for Permanent Residence. Although the BOWP may enable you to work for any employer, the conditions of your PR application may not.

• BOWP Travel Requirements: A BOWP is not a travel document. You must have a valid Electronic Travel Authorization (eTA) or temporary resident visa to return to Canada if you decide to leave the country while holding a BOWP.
• Leaving Canada While waiting for a BOWP: You can leave Canada while waiting for a Bridging Open Work permit, however, if you return to Canada before your BOWP is approved, you are not eligible to return to work until the actual BOWP is issued.

It is possible to switch from a closed work permit to a BOWP if you meet the initial eligibility criteria for applying for a BOWP.

• Validity: A Bridging Open Work Permit is generally valid for up to 24 months or until your passport expires, whichever comes first. Extensions may be possible if needed, provided that your permanent residency application is still in process.
• Extension: If your PR application is not finalized by the time your BOWP expires, IRCC may grant extensions of up to 12 months at a time.

There are 3 fees involved with a BOWP application:

• The work permit fee of $155
• The open work permit fee of $100
• The biometrics fee of $85, applicable to those who have not submitted biometrics for a temporary application within the past ten years

There are two common reasons for refusal of a BOWP:

1.  The applicant did not qualify to apply for a BOWP in the first place – either because they do not have an application for permanent residence in process, or because their application did not reach the proper stage of processing before the BOWP application was submitted, OR
2. The application for Permanent Residence was rejected as incomplete.

If your application for Permanent Residence in Canada is rejected, your bridging open work permit continues to be valid until it expires. You can continue working until the expiry date, and you can also submit another application for Permanent Residence if you are eligible to do so.

The Way Immigration has successfully obtained Bridging Open Work Permits for thousands of clients since 2008.
Contact Calgary’s Best Immigration Consultants to ensure that your application for Permanent Residence goes smoothly, and that you and your family are able to continue living and working in Canada while you wait for PR.