Bridging Open Work Permits Lawyers
A bridging open work permit (BOWP) is a temporary work permit that allows foreign nationals to continue working in Canada while awaiting a decision on their permanent residency (PR) application. It is meant to “bridge” the gap between the validity of your previous work permit and your permanent residency in the country. BOWPs are issued by Immigration, Refugees and Citizenship Canada and allow you to work legally for any employer anywhere in Canada. They can be extremely helpful, as they allow foreign nationals in Canada to enjoy job continuity and financial stability throughout the (sometimes lengthy) PR application process.
Navigating Canadian immigration laws, including BOWPs and other work permits, can be confusing. An experienced immigration lawyer can help you ascertain your eligibility, compile proper documentation, and submit your application on time. If you’d like to keep working while awaiting a decision on your permanent residency, contact our Vancouver immigration lawyers at Border Solutions Law Group today to discuss your legal options.
Who is Eligible for a Bridging Open Work Permit?
Bridging open work permits (BOWPs) are only available to select individuals who meet specific criteria set out by the federal government. Because you must have already applied for your permanent residency before you are eligible for a BOWP, they are not an option for everyone wishing to work in Canada.
General eligibility criteria for BOWPs include:
- Residency: You must currently live in Canada and hold valid temporary resident status.
- Work Permit: You must already:
- Have a valid work permit with valid temporary resident status, or;
- Have submitted to renew your work permit and are on maintained status in Canada, or;
- Be eligible to restore your temporary resident status with authorization to work on a work permit
- PR Application: You must have submitted a complete permanent residency application as the principal applicant and passed the R10 completeness check before applying for a BOWP. To be eligible, you must have applied through one of the following streams:
- Federal Skilled Worker Program (FSWP)
- Canadian Experience Class (CEC)
- Federal Skilled Trades Program (FT)
- Provincial Nominee Program (PNP)
- Agri-Food Pilot (AFP)
- And certain other classes
Many individuals with work permits or temporary resident status in Canada may not be eligible for a BOWP. These include:
- Individuals who have submitted an Express Entry profile but have not yet applied for PR
- Those with expired work permits who did not apply for restoration within 90 days of their permit expiring
- Applicants who failed to pass the R10 completeness check
- And more
It is important you apply before your current work permit expires in order to maintain your status in the country. If your work permit is set to expire before your BOWP is approved, you may be allowed to continue work under implied status until you receive a decision about your application. If your BOWP is denied, you must stop working immediately until you have valid status again.
Can Spouses or Dependents be Added to a Bridging Open Work Permit Application?
For spouses and common law partners, if the BOWP holder works in a skilled occupation (NOC 0, A, or B), their spouse may apply for an open work permit. You must be able to show that the BOWP holder has at least six months left of validity on their work permit. In addition, in special PNP cases, spouses may be eligible for a work permit even without an NOC restriction.
In most cases, dependents will not be eligible for a work permit under the BOWP program. They will need to apply for a visitor record in order to accompany their BOWP holder parent.
How to Apply for a Bridging Open Work Permit
There are several steps in the application process when you are pursuing a BOWP. First and foremost, you will need to complete your application for permanent residency in order to qualify. Following this step, you will need to:
- Gather Required Documents: These include:
- Acknowledgement of Receipt (AOR) letter from IRCC
- Proof of current status in Canada (valid work permit or maintained status)
- Provincial Nomination Certificate (if applicable)
- Your passport, which should be valid for the duration of the BOWP
- Medical exam results (if requested by IRCC)
- Submit Your Application: Once you have gathered all necessary documentation, you can apply for your BOWP through the IRCC website. You will need to pay the application and holder fees at this time.
- Await Processing & Work Under Maintained Status (if applicable): If your original work permit expires while your application for your BOWP is pending, you may be able to continue working under maintained status. Maintained status applies until you receive a decision on your BOWP application. Processing times for both BOWPs and PR will vary based on PR application type and demand.
How Can Our Vancouver Immigration Lawyers Help With Your BOWP Application?
At Border Solutions Law Group, our Vancouver immigration lawyers have experience handling a broad range of immigration applications. Navigating your work permits, PR, and valid status simultaneously can be challenging, especially when your employment is on the line. Our legal team is ready to help you obtain your BOWP so that you can maintain your financial security while you take the next step toward your permanent life in Canada.
When you work with our lawyers, we will:
- Assess Your Eligibility: With years of experience navigating IRCC applications, our team can advise you on whether you meet BOWP criteria. If we believe there are problems with your eligibility, we can advise you on how to fix them.
- Ensure a Complete & Error-Free Application: Many BOWP rejections happen due to incomplete PR applications. By contacting us early on in your PR journey, we can ensure all documents, forms, and fees for both your PR and BOWP applications are submitted correctly and on time. It’s important to avoid errors in your application as it may be viewed as misrepresentation, which can result in a ban from the country.
- Assist With Work Permit Expiry & Status Restoration: If your work permit has expired but you still wish to apply for a BOWP, we can help you with extensions or restoration applications.
- Handle Rejections & Appeals: If your BOWP is refused, we can review your case with you, reapply, or challenge the decision depending on your circumstances.
- Offer Guidance on Travel & Spousal Work Permits: If you have family that are with you in Canada or travelling to Canada, we can help you understand travel restrictions and your potential eligibility for additional permits.
Applying for Permanent Residency or a Bridging Open Work Permit? Contact Our Vancouver Immigration Lawyers Today
BOWPs can be an extremely useful tool for foreign nationals awaiting their permanent residency decisions in Canada. They allow you to maintain your financial stability and independence without having to worry about the validity of your status. At Border Solutions Law Group, we believe every individual in Canada deserves the opportunity to support themselves while pursuing the life they want in the country.
For assistance with your bridging open work permit, you can schedule a consultation with our Vancouver immigration lawyers today. To get in touch, call our Vancouver office toll-free at 877-341-6761 or fill out our online contact form today.