Am I Eligible for a Bridging Open Work Permit?

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Bridging Open Work PermitsForeign nationals can continue to work in Canada while their permanent resident (PR) applications are being processed.

Without a BOWP, foreign nationals – alongside their families, including spouses, common-law partners and dependents – would need to leave Canada temporarily, stay in Canada under visitor status (which means they would have to cease working), or find an employer willing to apply for a Labour Market Impact Assessment (LMIA).

Cohen Immigration Law Firm Offers Free Consultation for Work Permits

Note: As opposed to work permits which require an LMIA (Limited Medical Insurance Act), open work permits such as the BOWP offer flexibility for the permit-holder. This is due to open work permits(OWPs), allow holders to work for the majority of employers in most industries throughout Canada.

Who is eligible to receive a BOWP

To be eligible to receive a BOWP for foreign nationals, they must:

  • Currently be in Canada after being authorized to enter Canada as a temporary residence (TR)
  • You can hold a valid status in Canada by one of three methods:
    • Validate your passport work permit
    • After renewing their work permit, they have maintained their status and authorization to work
    • Be eligible to restore their temporary resident status*
  • Have submitted an application for PR under one or more of the seven economic immigration programs eligible:
  • The applicant must complete one of the following stages in the Application for Permanent Residence (APR), depending on the economic immigration program they applied for:
    • Express EntryThe Electronic Application for Permanent Residence has passed the completeness test under Section 10 Immigration and Refugee Protection Regulations.
    • QSW ProgramAPR has passed Section 10 of IRPR’s completeness check.
    • All other BOWP eligible programs:Candidate received a positive assessment of their eligibility on their APR.

*Foreign nationals who are eligible for TR status restoration must also have authorization to work on a work permit.

More: Click hereFor more information about the BOWP including how to apply, and what documentation you need with this application.

Are family members of BOWP holders eligible for an open working permit?

The OWP eligibility varies depending on the relationship between the family member and the BOWP holder.

Spouse or Common-law Partner

The spouse or common-law partner of a BOWP holder may be eligible for an OWP if they – meaning the BOWP holder – meet the following conditions:

  • Either they have a valid work permit or are authorized to work in Canada Without a work permit
  • They can work in Canada for six months minimum from the date they received their visa. Spousal Open Work PermitReceived a (SOWP ) application
  • They either physically live in Canada, or plan to while they are employed.
  • They are in a Genuine relationshipWith their spouse/common law partner
  • They are used in a way that meets one of the following criteria:

Dependent children

The dependent children of a BOWP holder, however, are not eligible for OWP. They must instead obtain an LMIA to apply for a permit or receive an exemption from the LMIA.

What conditions does IRCC place on the location for BOWP applicants in terms of employment?

OWPs, as mentioned above, allow holders flexibility in terms of who they can work for or change employment. BOWPs allow for restrictions on the location of employment in two specific situations.

PNP applicants

Immigration, Refugees and Citizenship Canada(IRCC) mandates PNP applicants who submit a BOWP application are limited to only applying for BOWPs in the province or territory that nominated them.

Quebec applicants

QSW applicants must choose Quebec as their province of employment when they apply for a BOWP.

Cohen Immigration Law Firm Offers Free Consultation for Work Permits




‘ Credit:
Original content by www.cicnews.com: “Am I Eligible for a Bridging Open Permit?”

Read the complete article at https://www.cicnews.com/2024/06/am-i-eligible-for-a-bridging-open-work-permit-0644554.html

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