What’s The Difference Between Bridging Open And Closed Work Permits In Canada?
Navigating Canada’s immigration system while waiting for permanent residency can feel like walking a tightrope. For many foreign workers, the fear of losing their job or legal work status due to an expiring work permit creates significant stress and uncertainty. Bridging work permits, both open and closed, offer a lifeline to keep working legally while your permanent residence (PR) application is processed. But choosing the wrong type of permit can lead to refusal, job loss, or even jeopardize your PR dreams. In this guide, we’ll break down the differences between Bridging Open Work Permits (BOWP) and Bridging Closed Work Permits, helping you understand which one suits your situation and how to apply correctly.
What Are Bridging Work Permits?
Bridging work permits are temporary solutions designed to let foreign nationals in Canada continue working while their PR applications are under review by Immigration, Refugees and Citizenship Canada (IRCC). They bridge the gap between an expiring work permit and a final PR decision, ensuring you can stay employed and support yourself. There are two types: Bridging Open Work Permits and Bridging Closed Work Permits, each with distinct rules and eligibility criteria. Understanding these differences is crucial to avoid costly mistakes.
Bridging Open Work Permits: Freedom To Work Anywhere
What Is A Bridging Open Work Permit?
A Bridging Open Work Permit (BOWP) allows you to work for any employer in Canada, in any occupation, without needing a Labour Market Impact Assessment (LMIA). This flexibility is a game-changer for those who want to explore new job opportunities or switch industries while awaiting PR approval.
Who Qualifies For A BOWP?
To be eligible for a BOWP, you must:
Be in Canada with valid temporary resident status or be eligible to restore it.
Have submitted a PR application under programs like the Federal Skilled Worker Program, Canadian Experience Class, or Provincial Nominee Program (PNP) without employer restrictions.
Have passed the completeness check or received an Acknowledgement of Receipt (AoR) for your PR application.
Hold a valid work permit expiring within four months or be under maintained status.
Note: If your PNP nomination has employer restrictions, you cannot apply for a BOWP.
Benefits Of A BOWP
Flexibility: Work for any employer in any province (except Quebec for Quebec Skilled Worker Program applicants, who are restricted to Quebec).
No LMIA Required: Simplifies the process, as your employer doesn’t need to prove a lack of Canadian workers.
Duration: Typically valid for up to 24 months or until your passport expires, with possible 12-month extensions if PR processing continues.
Family Support: Spouses or dependents may be eligible for open work permits under certain conditions, like high-skilled employment in NOC TEER 0, 1, 2, or 3.
Challenges Of A BOWP
You must apply from within Canada via the IRCC online portal; applications at borders or overseas are not allowed.
If you leave Canada after your current work permit expires, you cannot work until the BOWP is approved.
Spouses and dependents usually don’t qualify for a BOWP but may apply for other work permits.
Bridging Closed Work Permits: Tied To One Employer
What Is A Bridging Closed Work Permit?
A Bridging Closed Work Permit is employer-specific, meaning you can only work for the employer named on the permit, often in a specific job or location. It’s typically required for PNP applicants with employer-restricted nominations.
Who Qualifies For A Bridging Closed Work Permit?
You may need a Bridging Closed Work Permit if:
Your PNP nomination letter states employment restrictions (check the “Restrictions on Employment” field).
You have a valid PNP nomination or submitted your PR application before the nomination expired.
Your employer submitted an Offer of Employment through the IRCC Employer Portal, providing an A number and an O number.
You have an R.204(c) letter from the province confirming the job’s urgency, genuineness, and economic benefits, along with fair wages and conditions.
Benefits Of A Bridging Closed Work Permit
Job Security: Allows you to continue working for your current employer while awaiting PR approval.
LMIA Exemption: Like the BOWP, it doesn’t require an LMIA, easing the application process.
Stability for PNP Applicants: Essential for those under employer-restricted PNP streams, ensuring compliance with nomination conditions.
Challenges Of A Bridging Closed Work Permit
Limited Mobility: You’re tied to one employer, job, and location, reducing flexibility.
Extra Documentation: Requires an R.204(c) letter and employer-submitted Offer of Employment, adding steps to the process.
Risk of Refusal: If your PNP nomination has restrictions and you mistakenly apply for a BOWP, IRCC will refuse your application, potentially disrupting your work and PR process.
Key Differences Between BOWP And Bridging Closed Work Permits
Feature
Bridging Open Work Permit
Bridging Closed Work Permit
Employer Flexibility
Work for any employer in Canada (with PNP/Quebec restrictions).
Tied to a specific employer and job.
LMIA Requirement
Not required.
Not required.
Eligibility
PR applicants under non-restricted PNP, Express Entry, etc.
PNP applicants with employer-restricted nominations.
Documentation
AoR letter, PR application proof.
R.204(c) letter, Offer of Employment (A and O numbers).
Application Location
Must apply from within Canada.
Must apply from within Canada.
Duration
Up to 24 months, extendable by 12 months.
Varies, typically tied to PR processing or nomination.
How To Choose The Right Permit
Choosing between a BOWP and a Bridging Closed Work Permit depends on your PR application and nomination details:
Check Your Nomination Letter: If your PNP nomination has employment restrictions, you must apply for a Bridging Closed Work Permit. A “No” in the “Restrictions on Employment” field may qualify you for a BOWP.
Assess Your Job Needs: If you want flexibility to change employers, a BOWP is ideal, but only if your nomination allows it. If your PR relies on staying with a specific employer, a Bridging Closed Work Permit is your only option.
Consult an Expert: Mistakes, like applying for the wrong permit, can lead to refusal. Consider contacting an immigration lawyer or consultant for guidance.
How To Apply For A Bridging Work Permit
For A BOWP
Log into the IRCC Portal: Select “Open Work Permit” as the permit type.
Complete Forms: Fill out the application forms accurately, including IMM 5710.
Upload Documents: Include your AoR letter, proof of PR application, and other required documents from the checklist.
Pay Fees: $255 CAD (including $155 processing fee and $100 open work permit holder fee) plus $85 for biometrics if needed.
Confirm Nomination Restrictions: Verify employment restrictions in your PNP nomination letter.
Obtain R.204(c) Letter: Request this from your province, confirming the job’s urgency and benefits.
Employer Submission: Ensure your employer submits an Offer of Employment via the IRCC Employer Portal.
Complete Application: Include the R.204(c) letter, Offer of Employment details, and other required documents.
Submit Online: Apply through the IRCC portal, paying the necessary fees.
What Happens If You Choose The Wrong Permit?
Applying for the wrong permit can lead to serious consequences:
Refusal: IRCC will reject a BOWP application if your PNP nomination has employer restrictions, forcing you to reapply for a Bridging Closed Work Permit.
Loss of Work Authorization: A refused permit may mean you must stop working, risking your financial stability and PR application, especially for PNP streams requiring continuous employment.
Delays: Reapplying after a refusal can delay your ability to work legally, adding stress and uncertainty.
Tips To Avoid Common Pitfalls
Double-Check Eligibility: Confirm your PR program and nomination details before applying.
Apply Early: Submit your BOWP application before your current work permit expires (within four months) to maintain implied status and keep working.
Keep Your Status Valid: If your work permit expires, apply for restoration within 90 days ($229 fee) to stay eligible for a BOWP.
Travel Cautiously: If you leave Canada after your work permit expires, you cannot work until your BOWP is approved, even with a valid eTA or visa.
Seek Professional Help: Immigration consultants or lawyers can ensure your application is accurate and complete.
Conclusion
Bridging work permits are a vital tool for foreign workers in Canada, offering a way to stay employed while awaiting PR approval. A Bridging Open Work Permit provides flexibility to work for any employer, ideal for those with unrestricted nominations. In contrast, a Bridging Closed Work Permit keeps you tied to a specific employer, necessary for PNP applicants with employment restrictions. By understanding the eligibility criteria, application process, and potential risks, you can make an informed decision and avoid setbacks. Always verify your nomination details and consider professional guidance to secure your work status and PR journey.
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