For individuals seeking permanent residency (PR) in Canada, maintaining legal work status while their application is being processed is essential. This is where the Bridging Open Work Permit (BOWP) comes into play. The BOWP allows individuals whose work permits are about to expire, and who have applied for permanent residency, to continue working in Canada without requiring a new job offer or a Labour Market Impact Assessment (LMIA). The BOWP serves as a temporary solution to bridge the gap between the expiration of a current work permit and the final decision on a permanent residency application.
This guide outlines everything you need to know about applying for a Bridging Open Work Permit, including eligibility criteria, application procedures, required documents, and important tips for a successful application.
What is a Bridging Open Work Permit (BOWP)?
The Bridging Open Work Permit (BOWP) is a special type of open work permit available to individuals who have applied for permanent residency in Canada. It allows applicants to continue working while waiting for their PR application to be finalized. The BOWP is considered an “open” work permit because it is not tied to a specific employer, meaning that the holder can work for any employer in Canada, with certain exceptions.
Key Features of a BOWP:
- Open Work Permit: You are not restricted to a specific employer and can change employers or work in different occupations without the need for a new permit.
- No LMIA Requirement: Since it is an open work permit, there is no need for your employer to obtain a Labour Market Impact Assessment (LMIA).
- Temporary Status Extension: It provides legal work status in Canada while awaiting the decision on your permanent residency application.
Who is Eligible for a BOWP?
Not all PR applicants are eligible for a Bridging Open Work Permit. To qualify for the BOWP, you must meet the following criteria:
1. Submitted a Permanent Residency Application
You must have submitted an application for permanent residency under one of the following programs:
- Federal Skilled Worker Program (FSWP)
- Canadian Experience Class (CEC)
- Federal Skilled Trades Program (FSTP)
- Provincial Nominee Program (PNP) (if applying for a non-employer-specific stream)
- Agri-Food Pilot
- Caring for Children Class or Caring for People with High Medical Needs Class
- Quebec Skilled Worker Class (for applicants who applied outside Quebec)
2. Received Confirmation of Permanent Residence (COPR)
To apply for a BOWP, you must have received the Acknowledgment of Receipt (AOR) or Confirmation of Permanent Residence (COPR) from Immigration, Refugees and Citizenship Canada (IRCC), confirming that your permanent residency application is complete and in processing.
3. Current Work Permit is Expiring
You must currently hold a valid work permit that is due to expire within four months or less. The BOWP is intended to prevent a gap in your ability to work while awaiting a decision on your PR application.
4. Be in Canada at the Time of Application
You must be physically present in Canada when you submit your BOWP application.
5. Maintain Status in Canada
It is essential to maintain legal status in Canada throughout the BOWP application process. If your work permit expires before you apply for a BOWP, you may have to apply to restore your status.
Who is Not Eligible for a BOWP?
While the BOWP is designed to provide continued work authorization to PR applicants, certain individuals are not eligible for the permit:
- Applicants Outside Canada: You must be physically in Canada to apply for a BOWP. If you are outside the country, you will not qualify.
- Applicants without an AOR or COPR: If you have not received the Acknowledgment of Receipt or Confirmation of Permanent Residence, you cannot apply for a BOWP.
- Applicants with a Job-Specific Nomination: If your Provincial Nominee Program (PNP) nomination is tied to a specific employer, you are not eligible for a BOWP.
- Work Permit Holders with Implied Status: If your work permit has already expired and you are on implied status (waiting for a decision on an extension or renewal), you cannot apply for a BOWP until your status is restored.
Step-by-Step Guide to Applying for a BOWP
The process for applying for a BOWP is relatively straightforward if you meet the eligibility requirements. Here’s a step-by-step guide to help you navigate the application:
Step 1: Gather the Required Documents
Before you begin the application, make sure you have all the necessary documents on hand. These include:
- Valid Passport: Your passport should be valid for the entire duration of the work permit you are applying for.
- Confirmation of Permanent Residence (COPR) or Acknowledgment of Receipt (AOR): This is the confirmation from IRCC that your permanent residency application is in process.
- Current Work Permit: A copy of your valid work permit that is due to expire within the next four months.
- Employer Information (if applicable): While a BOWP does not require a job offer, if you are currently employed, providing information about your employer can be helpful.
Step 2: Complete the Online Application Form
The BOWP application is submitted online through the IRCC website. Follow these steps to apply:
1. Create or Sign In to Your IRCC Account
If you don’t already have an online account with IRCC, you will need to create one. Once you have an account, log in to begin the application process.
2. Complete the IMM 5710 Form
The main form you need to complete for a BOWP is the Application to Change Conditions, Extend My Stay or Remain in Canada as a Worker (IMM 5710). You will need to provide detailed information about your personal history, work experience, and current status in Canada.
3. Select the Correct Option
When filling out the form, under the section that asks for the “Reason for application,” select “Open work permit” to indicate that you are applying for a Bridging Open Work Permit.
Step 3: Upload Supporting Documents
Once the application form is complete, you will need to upload the following documents:
- Proof of PR Application (AOR or COPR): Upload a copy of your Acknowledgment of Receipt (AOR) or Confirmation of Permanent Residence (COPR).
- Passport: Include scanned copies of your passport’s personal information page and any pages with stamps or visas.
- Current Work Permit: A copy of your expiring work permit.
- Digital Photo: Follow the IRCC guidelines for size and format when uploading a digital photograph.
- Optional Documents: If applicable, include other documents such as an employer letter, proof of income, or family documents.
Step 4: Pay the Application Fees
After completing the online application, you will be required to pay the necessary fees:
- Work Permit Fee: CAD $155
- Open Work Permit Holder Fee: CAD $100
You can pay these fees online using a credit or debit card. Once the payment is made, you will receive a receipt, which you should keep for your records.
Step 5: Submit the Application
Once all the information is filled out, and documents are uploaded, you can submit the application through your IRCC online account. After submission, you will receive a confirmation message acknowledging that IRCC has received your application.
Step 6: Monitor the Status of Your Application
After submitting your application, it is crucial to monitor its status through your online IRCC account. Processing times can vary depending on the volume of applications and other factors. IRCC will notify you via your online account if additional information or documents are required.
Important: As long as your BOWP application is submitted before your current work permit expires, you can continue working under “implied status” until a decision is made on your application.
Step 7: Receive the Bridging Open Work Permit
Once IRCC approves your BOWP application, you will receive an electronic copy of your work permit via your online account. You can also request a paper copy of the permit if necessary.
What Happens After You Receive the BOWP?
Once you have been granted a BOWP, you can continue working in Canada without any restrictions on your employer or occupation. The BOWP is typically valid for one year or until a decision is made on your permanent residency application.
If your PR application is approved, your BOWP will automatically be void, and you will receive permanent resident status. However, if your PR application is refused, your BOWP will also expire, and you may need to apply for a new work permit or leave Canada.
FAQs on the Bridging Open Work Permit (BOWP)
Q: Can I apply for a BOWP if my work permit has already expired?
A: No, you must apply for the BOWP while your current work permit is still valid. If your work permit has expired, you may need to restore your status before applying.
Q: How long does it take to process a BOWP application?
A: Processing times for BOWP applications can vary, but it generally takes several weeks. It is advisable to apply as early as possible to avoid gaps in your ability to work.
Q: Can I leave Canada while my BOWP application is being processed?
A: You can leave Canada while your BOWP application is being processed, but it is essential to understand the implications of doing so. If you leave Canada and your BOWP has not yet been approved, you might face issues when re-entering the country. Although you can re-enter as a visitor (if you are visa-exempt or have a valid visa), you will not be able to work until your BOWP is approved. It is generally advisable to wait until you receive your BOWP before leaving the country.
Q: Can my spouse or partner apply for an open work permit while I am on a BOWP?
A: Yes, your spouse or common-law partner may be eligible for an open work permit if you hold a BOWP, provided that you meet specific conditions. For example, your occupation may need to be at a National Occupational Classification (NOC) skill level of 0, A, or B, or you must be applying for permanent residence under a program that allows family members to apply for work permits.
Q: Can I apply for a BOWP under the Provincial Nominee Program (PNP)?
A: Yes, you can apply for a BOWP if you are a Provincial Nominee Program (PNP) applicant, but only if your nomination is not employer-specific. If your nomination is tied to a specific employer, you will need to apply for a new work permit based on your nomination rather than a BOWP.
Q: What happens if my PR application is refused while I hold a BOWP?
A: If your permanent residency application is refused, your Bridging Open Work Permit will become invalid. In this case, you will need to apply for another type of work permit (if eligible) or leave Canada. If you wish to challenge the decision on your PR application, you may need to explore legal options, such as an appeal or judicial review, depending on the circumstances.
Q: Can I extend my BOWP if my PR application takes longer than expected?
A: Yes, if your permanent residency application is still in process and your BOWP is nearing its expiration, you can apply to extend your BOWP, provided you continue to meet the eligibility requirements.
Important Tips for a Successful BOWP Application
- Apply Early: Don’t wait until the last minute to apply for your BOWP. Ensure you submit your application at least 30 days before your current work permit expires to avoid any lapses in work authorization.
- Check Document Validity: Make sure your passport, work permit, and all other documents are valid and up-to-date when submitting your BOWP application.
- Keep Copies of All Documents: Keep digital and physical copies of all documents submitted for your BOWP application. This includes the application form, AOR or COPR, passport, and work permit.
- Use Implied Status: If your current work permit expires after you have applied for a BOWP but before it is approved, you will maintain implied status. This means you can continue to work legally in Canada until a decision on your BOWP application is made.
- Monitor Application Status: Stay updated on the progress of your application by regularly checking your IRCC online account. Respond promptly to any additional requests for information or documents.
Conclusion
The Bridging Open Work Permit (BOWP) is an invaluable tool for individuals transitioning from temporary work status to permanent residency in Canada. It ensures that applicants can continue working legally in Canada while their permanent residency applications are being processed. With clear eligibility criteria and a straightforward application process, the BOWP helps alleviate the uncertainty that can arise when work permits expire before PR applications are finalized.
By following the steps outlined in this guide and preparing your documents thoroughly, you can ensure a smooth and successful BOWP application. This will allow you to maintain your legal work status and focus on the final stages of your journey toward becoming a permanent resident of Canada.