Bridging Work Permit Canada
Bridging Work Permit Canada
Canada has a solid and secure economic foundation. It is not surprising that a large number of labour immigrants from all over the world flock there. Employment in this country is a rather complex and controversial issue, that is why immigrants have to face many difficulties since it takes time to complete all the necessary documents. A person applying for a permanent residence (PR) in Canada must have no criminal record, be in good health, have a passport or other travel document, have sufficient money in his account, guarantee his departure from the country after the expiration of the visa and meet the common requirements of the Immigration and Refugee Protection Act. If a person has managed to move to Canada and get a job, then perhaps over time, the employee would like to apply for permanent residence and continue to work. In order to avoid a long bureaucratic process, there is a solution that could suit every party - the applicant, the employer and even the state. This feature is called a Bridging Open Work Permit (BOWP). In this article, we will consider the ways of how to apply and obtain the status.
A Bridging Open Work Permit allows foreign workers to maintain employment in Canada, who has already successfully applied for a residence permit but have not yet received one. If you are working in Canada on a valid work permit, which expires in 4 months, and have already successfully applied for a residence permit under any federal or provincial immigration program, you can get a Bridging Work Permit, which will help you maintain your current employment and not leave the country until the moment of obtaining permanent status. There are programs that you should apply for to be eligible for a BOWP. The first one is the Federal Skilled Working Program which is Canada's main immigration program to attract foreign specialists, focused on people with higher or professional education. This is the most suitable and affordable way to obtain a Permanent Residence in Canada for highly qualified specialists of the NOC 0, A and NOC B categories with higher education and work experience.
Another program that gives an employee a chance to apply for a Bridging Open Work Permit in Canada is the Canadian Experience Class. It is aimed at people temporarily residing in Canada with Canadian work experience. The Government of Canada rightly believes that such people have already managed to successfully establish their lives in a new country, made friends in it and began to build a career, therefore it actively invites them to obtain permanent residence status.
If an applicant has an industrial background, there is a program called Federal Skilled Trades (FST). FST is designed for foreign workers who have experience in skilled trades. Thus, this is a job that usually requires manual expertise and specialized training. The Federal Skilled Trades program does not require specialized education, but having a diploma or certificate of completion of high school, college or university in Canada or abroad can be a significant benefit. Such work, in particular, is related to the field of construction, industrial production, agriculture, mining, and control of heavy machinery.
The Provincial Nominee Program is an alternative route to permanent resident status and immigration to Canada for those who do not qualify for the Federal Skilled Workers Program. The PNP allows provincial and territorial governments to select and accept immigrants according to their criteria based on local needs. If you have applied for a residence permit under one of the Provincial Nominee programs, your spouse will be eligible for an open work permit, regardless of the occupation or qualification for which you are working.
The Government of Canada presented a special program for people who work in agriculture. The Agri-Food Immigration Pilot, its main task of this complex is the production and processing of agricultural raw materials, with the subsequent receipt of food products. Besides, caregivers may apply to the special program of Home Child-Care Provider Pilot. A foreign worker legally working in Canada who has applied for or will soon be applying for permanent residency under one of these immigration programs may then continue to work until a decision is made about his or her permanent residency application. Please note that all the mentioned work immigration programs require obtaining a job offer and in most cases, the regulations demand a Labour Market Impact Assessment.
An open work permit is a preferred one as it provides applicants with more flexibility to integrate and target the Canadian labour market given that they have already been found suitable for getting a permanent residence and are currently working in Canada. If you, as an Express Entry candidate, have received an Official Immigration Invitation (ITA) through this system, this means that the Canadian government is willing to treat you as an immigrant. After the reception of an invitation, an applicant may successfully send all the necessary documents and then you will receive an automatic confirmation letter to your email address - Acknowledgment of Receipt. This acknowledgement is automatically generated in your MyCIC account (personal IRCC account) after you submit your electronic application for permanent residence (e-APR) and then, you will have the right to apply immediately for a Bridging Open Work Permit. However, if Immigration Canada, after reviewing your set of documents at a later date, finds it inaccurate, you will immediately lose your right to receive a Bridging Work Permit in Canada. Please note that if the e-APR is incomplete, the applicant is no longer eligible to apply for a BOWP. Therefore, the BOWP application will be refused.
In addition, there are requirements for applicants who intend to apply for a Bridging Open Work Permit in Canada that must be met. As an employee, you must be located in Canada, an individual cannot apply for BOWP outside the country. By staying here you show the government that you have already lived here, have worked and have adapted to the region. The second obligation is a work permit of an applicant is valid and expires within four months. Also, a work permit and permanent residence are guaranteed by one of the immigration programs that have already been mentioned before (e.g. the Federal Skilled Workers, Canada Experience Class, PNP and others). The foreigner must receive a positive assessment for eligibility on his or her application and has applied for an open work permit. All of these five conditions must be followed to complete the process successfully and obtain a Bridging Open Work Permit in Canada.
Furthermore, if you have received a Bridging Work Permit in Canada and are currently employed, your spouse may also be eligible for an open work permit. There are several options of how an applicant’s life partner can claim a BOWP. Importantly, a spouse has a right if a Bridging Work Permit in Canada of the applicant is valid for at least 6 months in all the cases. The alternative is if a human being has applied for a Federal Skilled Workers residence permit, his or her partner will only be eligible for an open work permit if a human being is working in a qualified profession according to one of the NOC categories 0, A or B. If a foreign worker has applied for the Federal Skilled Trades, his or her spouse will also be eligible for an open work permit but only if the applicant takes a job position from category B of NOC. However, if the foreign employer has applied either through Canada Experience Class or one of the Provincial Nominee Programs, his or her spouse will get a chance for obtaining an open work permit regardless of the occupation of the applicant. The children of an applicant are not eligible for an Open Work Permit. If they require a job before obtaining a residence permit, then they must apply for a standard work permit and obtain a Labour Market Impact Assessment.
There are categories of people who cannot apply for a Bridging Open Work Permit in Canada for different reasons. For instance, the refugees who are protected by Section 186 of the Immigration and Refugee Protection Regulations by being a work permit-exempt group of individuals. Also, people whose permit residence has expired are not eligible for BOWP as they need to renew their PRs. Another case when a human being is not eligible for a Bridging Open Work Permit in Canada, if he or she has a valid work permit and a positive LMIA with an expiration date of more than 4 months. Thus, an individual is considered as a normal holder of the permit and can use his status for a new work permit application. Besides, some employees apply for a work permit at the port of entry and in this case, there is no need to get a Bridging Open Work Permit in Canada. If the foreign national’s family holds a permanent residence, then the person cannot apply for a BOWP. The last but not least case when a person is not eligible for a BOWP is if he or she is being a PNP candidate who has not provided a copy of their candidacy with their application for a work permit, or their nomination letter specifically states work restrictions.
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