Bridging open work permits: continued employment for PR applicants

A Bridging Open Work Permit (BOWP) allows foreign nationals to continue working in Canada while their permanent residence application is processed. This permit bridges the gap between the expiry of a current work permit and the final decision on a permanent residence application. It ensures a worker maintains legal status throughout the process.

eligibility criteria

To be eligible for a BOWP, an applicant must be in Canada. They must also hold a valid work permit, or have maintained status, or be eligible to restore their status. The permanent residence application must be for one of several federal programs: Federal Skilled Worker, Canadian Experience Class, Federal Skilled Trades, or the Agri-Food Pilot. Provincial Nominee Program (PNP) applicants are also eligible, provided their nomination is unrestricted. This means no specific employer is named on the PNP certificate. Finally, Quebec Skilled Worker Class applicants can also apply.

application timing

Previously, BOWP applications had a narrow window. Applicants could only apply if their existing work permit was expiring within four months. This restriction has been removed. Applicants can now apply for a BOWP at any point after submitting their permanent residence application, as long as they meet the other criteria. This provides greater flexibility and reduces the risk of status gaps for applicants.

LMIA exemption

A Labour Market Impact Assessment (LMIA) is not required for a BOWP. This is a significant advantage. LMIAs can be complex and time-consuming to obtain. They demonstrate a need for a foreign worker and confirm no Canadian is available for the job. The BOWP's LMIA exemption simplifies the application process for both the employer and the employee.

common employer oversight

Many employers overlook the nuances of the BOWP. They often assume a work permit extension is not possible once a permanent residence application is filed. This is incorrect. The BOWP is a distinct mechanism designed to prevent employment disruption. Employers should be proactive in understanding BOWP eligibility. This ensures their foreign national employees can continue working legally, avoiding unnecessary pauses in employment and productivity.

Navigating the BOWP application process requires attention to detail. Proper planning ensures continuity of employment for foreign workers awaiting permanent residence decisions. Understanding these specific requirements protects both the employee's status and the employer's workforce.