Bridging Open Work Permits (BOWPs) are instrumental for foreign nationals navigating the complex process of obtaining permanent residence (PR) in Canada. This special type of work permit allows individuals to continue working while their PR application is being processed and ensuring they can remain in Canada without interruption.
Importance of BOWPs
For foreign nationals and their families—spouses, common-law partners, and dependents—BOWPs offer a lifeline. Without a BOWP, their options would be limited: either leave Canada temporarily, stay under visitor status (which prohibits working), or find an employer willing to apply for a Labour Market Impact Assessment (LMIA), a process that can be restrictive and time-consuming.
Flexibility of Open Work Permits
Unlike traditional work permits tied to specific employers and requiring an LMIA, BOWPs provide significant flexibility. Holders of BOWP can work for most employers in various industries across Canada which will make it easier to maintain employment during the transition to permanent residence.
Eligibility Criteria for BOWPs
To qualify for a BOWP, foreign nationals must meet several criteria:
- Current Residence in Canada: Applicants must be currently residing in Canada with temporary resident status.
- Valid Work Permit: They should hold a valid work permit or have applied to renew their work permit, ensuring continuous authorization to work in Canada.
- PR Application Submission: They must have submitted a PR application under one of the eligible economic immigration programs:
- Application Stage: Depending on the immigration program, applicants must be at a specific stage in their Application for Permanent Residence (APR) process:
- For Express Entry applicants, the Electronic Application for Permanent Residence (eAPR) must have passed the completeness check under Section 10 of the Immigration and Refugee Protection Regulations (IRPR).
- For QSW applicants, the APR must have passed the completeness check under Section 10 of the IRPR.
- For other eligible programs, candidates must have received a positive eligibility assessment on their APR.
Family Members and BOWPs
Family members of BOWP holders also have opportunities:
- Spouses or Common-law Partners: They may be eligible for an Open Work Permit (OWP) if they meet certain criteria, including having a valid work permit or being authorized to work in Canada without a permit, residing in Canada, and proving a genuine relationship.
- Dependent Children: Unfortunately, dependent children of BOWP holders are not eligible for an OWP and must obtain an LMIA or an LMIA exemption to work in Canada.
Employment Conditions for BOWP Holders
While BOWPs generally allow flexibility in terms of employment location and employer changes, specific conditions may apply:
- PNP Applicants: Those applying for a BOWP under a Provincial Nominee Program (PNP) are typically restricted to working in the province or territory that nominated them.
- Quebec Applicants: Applicants under the Quebec Skilled Worker Program (QSW) must select Quebec as their intended place of employment when applying for a BOWP.
Bridging Open Work Permits (BOWPs) are crucial for maintaining employment and stability for foreign nationals and their families during the PR application process in Canada. These permits provide flexibility and continuity in employment, supporting Canada’s goal of attracting skilled immigrants who contribute to the country’s economy and society. Understanding BOWP eligibility and conditions is essential for navigating the Canadian immigration system effectively and ensuring a smooth transition to permanent residency.