Vancouver Bridging Open Work Permit Lawyers
Table of Contents
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 Vancouver 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 Border Solutions Law Group today to discuss your legal options. Our Vancouver bridging open work permit lawyers assist permanent residence applicants who need to maintain valid work authorization in Canada while IRCC processes their PR application.
What is a Bridging Open Work Permit?
A Canadian bridging open work permit application is available only in specific circumstances. It is not a general work permit extension, and it is not available to every person who has temporary resident status in Canada.
A BOWP is designed for certain permanent residence applicants who are already in Canada and whose existing work permit is expiring or has recently expired in circumstances where restoration of status may be available. Unlike many employer-specific permits, a BOWP is usually open, which means the holder may work for most employers in Canada.
The purpose of a BOWP is to prevent eligible workers from losing authorization to work while they wait for a final decision on their PR application. IRCC currently lists BOWPs as one of the work permit options for permanent residence applicants, including some Express Entry and provincial nominee applicants with expiring work permits.
Bridging Open Work Permit Eligibility Requirements
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.
The bridging open work permit eligibility requirements in Canada depend on your current immigration status, your work permit status, and the type of permanent residence application you submitted.
Temporary Resident Status in Canada
You must currently live in Canada and hold valid temporary resident status, or be eligible to restore your status in Canada. A BOWP is generally not intended for applicants who are outside Canada.
If your status is close to expiring, timing is important. Applying too late, applying under the wrong category, or misunderstanding your status can affect your ability to continue working.
Current Work Permit, Maintained Status, Or Restoration Eligibility
To apply for a BOWP, you must generally already have one of the following:
- A valid work permit with valid temporary resident status
- A pending work permit extension application that gives you maintained status in Canada
- Eligibility to restore your temporary resident status with authorization to work on a work permit
It is important to apply before your current work permit expires whenever possible. If your work permit is set to expire before your BOWP is approved, you may be allowed to continue working under maintained status until you receive a decision about your application.
Permanent Residence Application Requirements
Before applying for a BOWP, you must have already submitted a complete permanent residency application as the principal applicant and passed the R10 completeness check.
Applicants who have only submitted an Express Entry profile are not yet at the BOWP stage. In most cases, you need to have received an invitation to apply, submitted your complete PR application, and received confirmation that IRCC has accepted it for processing.
Eligible Permanent Residence Programs for BOWP Applicants
To qualify for a BOWP, you must have applied for permanent residence through an eligible stream. These may include:
- Federal Skilled Worker Program
- Canadian Experience Class
- Federal Skilled Trades Program
- Provincial Nominee Program
- Certain other permanent residence classes listed by IRCC
The exact category matters. Some PR applicants may qualify for a BOWP, while others may need a different type of work permit for permanent residence applicants, such as an employer-specific work permit under the Atlantic Immigration Program or another program-specific option.
If you are unsure about the eligibility of your PR stream, you can speak with our Vancouver bridging open work permit lawyers about your situation today.
Who Cannot Apply For A BOWP?
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
- Applicants who have not received the required acknowledgement or confirmation that their PR application is being processed
- 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
- Applicants whose permanent residence application was returned as incomplete
- Applicants who are outside Canada
- Applicants who are not the principal applicant in an eligible PR application
- Applicants whose PR program does not support a bridging open work permit
- And more
If your BOWP is denied, you must stop working immediately unless you have another valid basis to work in Canada. Our Vancouver bridging open work permit lawyers can review your status and help you understand whether a new application, restoration application, or another work permit strategy may be available.
Bridging Open Work Permit Implied Status And Maintained Status
If your existing work permit is going to expire before you receive a decision on your BOWP, you may still be able to work under maintained status, also commonly referred to as “implied status”.
Maintained status may allow you to continue working under the same conditions as your previous work permit if you applied to extend your work authorization before your existing permit expired. This can be very important for BOWP applicants because it may allow you to keep working while IRCC processes your bridging open work permit application.
Maintained status is not automatic in every situation. It depends on when you applied, what you applied for, whether you remained in Canada, and whether you were authorized to work before the application was submitted. If you leave Canada while on maintained status, your ability to resume work after returning may be affected.
Bridging Open Work Permit Validity
Bridging open work permit validity depends on IRCC’s decision, the work permit category, passport validity, and the facts of the application. Many applicants want to know whether the permit will last until their PR application is finalized.
A BOWP is temporary. It may be issued for a limited period, and the officer may not issue it beyond the expiry date of your passport. If your passport is expiring soon, this can shorten the validity of your bridging open work permit.
In some cases, a BOWP may need to be extended if the permanent residence application remains in process. This requires taking additional steps and submitting another application, in some cases. Applicants should track their work permit expiry date carefully and seek advice early if their PR application is delayed.
Can Spouses or Dependents be Added to a Bridging Open Work Permit Application?
For spouses and common law partners, if a BOWP holder works in a skilled occupation (NOC 0, A, or B), their spouse may apply for an accompanying spousal 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, dependent children will not be eligible for a work permit under the BOWP program. They may need to apply for a visitor record or another appropriate status document in order to accompany their BOWP holder parent in Canada.
If your spouse, common law partner, or children are in Canada with you, it is important to plan everyone’s immigration status together. A strong BOWP strategy should also consider family members’ work permits, study permits, visitor records, and long-term permanent residence planning.
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)
- Proof that your PR application has passed the required stage, where 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 Bridging Open Work Permit Lawyers Help With Your BOWP Application?
At Border Solutions Law Group, our BOWP lawyers in Vancouver 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.
Frequently Asked Questions About Bridging Open Work Permits in Vancouver and Canada
Can I Travel While My Bridging Open Work Permit Is Processing?
Travel while a BOWP application is processing can create immigration risks. If you leave Canada while relying on maintained status, you may lose the ability to keep working when you return, even if you are allowed back into Canada.
A work permit is not a travel document. Depending on your citizenship, you may also need a valid temporary resident visa or electronic travel authorization to return to Canada. Before travelling, you should review your current status, your work permit expiry date, your BOWP application status, and your re-entry documents.
If your employment depends on maintained status, it is wise to speak with a lawyer before leaving Canada.
Can I Apply For A U.S. Visa From Canada While On A Work Permit?
Some foreign nationals may wish to apply for a U.S. visa from Canada while on a work permit. A Canadian work permit, including a BOWP, does not give you the right to enter the United States. U.S. visa eligibility is determined by U.S. immigration law, not Canadian immigration status.
In some cases, a foreign national living in Canada on a valid work permit may be able to apply for a U.S. visa through a U.S. consulate in Canada. However, appointment availability, eligibility, documentation, and processing are handled by U.S. authorities.
If you are planning to travel to the United States while your Canadian PR or BOWP application is in process, you should consider both Canadian re-entry requirements and U.S. visa requirements before making travel plans. Our U.S. immigration lawyers at Border Solutions Law Group may be able to help you assess your options.
What Happens If My Bridging Open Work Permit Is Refused?
If your bridging open work permit is refused, you must stop working immediately unless you have another valid work authorization. Depending on your situation, you may be able to submit a new application, apply for restoration of status, or explore alternative work permit options.
It is important to review the refusal reasons carefully. In some cases, refusals occur because the PR application has not reached the required stage or because of missing documentation. Speaking with an experienced bridging open work permit lawyer can help you determine your next steps and avoid further complications.
Applying for Permanent Residency or a Bridging Open Work Permit? Contact Our Vancouver Bridging Open Work Permit 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 bridging open work permit lawyers today. To get in touch, call our Vancouver office toll-free at 604-684-4211 or fill out our online contact form today.
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