A Canadian Temporary Work Permit is for foreign workers who plan on working in Canada for a certain period of time. A temporary work permit does not allow them to live in Canada permanently. In order to live and work in Canada on permanent basis, foreign workers must qualify under an immigration category as a permanent resident. However, a Temporary Work Permit may help to achieve a Canadian permanent residence easier. Once in Canada on a Temporary Work Permit, a foreign worker may qualify for permanent residence through a Skilled Worker category, the Canadian Experience Class (CEC), or through one of the Provincial Nominee Programs (PNP).
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PERMANENT WORKERS/BRIDGING OPEN WORK PERMITS
BRIDGING OPEN WORK PERMIT (BOWP)
Applicants who filled out the applications to permanent residence under either the Federal Skilled Trades (FST) Class, the Federal Skilled Workers (FSW) Class, the Canadian Experience Class (CEC) or one of the Provincial Nominee Programs (PNP) may be eligible for a bridging open work permit if their current temporary work permit is due to expire. The bridging open work permit (BOWP) allows foreign workers to keep working in Canada while the decision on his or her application for permanent residence is being processed. BOWP is an advantage for applicants and their families because otherwise they would have to either leave Canada on temporary basis, stay in under visitor status, or find an employer willing to go through the process of getting a Labour Market Impact Assessment.
In order to be eligible for bridging open work permit, an applicant must:
- Be in Canada
- Have a valid status on a work permit that is due to expire within four months
- Be a principal applicant on an application for permanent residence under the FSWP, the CEC, the PNP or the FSTP
- Have received a positive eligibility assessment on his or her application, and
- Have made an application for an open work permit.
Foreign national does not qualify for a bridging work permit if:
- He/she is in Canada under section 186 of the Immigration and Refugee Protection Regulations (work permit exempt) situations
- The current status has been expired
- Work permit is valid for longer than four months and/or he or she has a new LMIA that can be used as the basis for a new work permit application
- He/she is applying for a bridging work permit at the port of entry
- He/she is the spouse or dependent of the principal permanent resident applicant; or
- He/she is a provincial nominee who has not submitted a copy of his or her nomination letter with the application for a bridging work permit, or whose nomination letter specifically indicates employment restrictions.
There are certain conditions that must be met by the holder of a bridging work permit in order for his or her spouse to also be eligible for an open work permit:
- In all cases, the bridging work permit must be valid for longer than six months.
- For spouses of FSW applicants, the bridging work permit holder must be performing work that is within one of the National Occupational Classification (NOC) Skill Levels 0, A or B.
- For spouses of PNP applicants, the spouse is eligible for an open work permit for the duration of the work permit held by the principal PNP applicant, irrespective of the skill level of the principal PNP applicant’s occupation.
- For spouses of FST applicants, the bridging work permit holder must be performing work that is within one of the qualifying occupations in NOC Skill Level B.
- For spouses of CEC applicants, there are no set preconditions to be met by the principal CEC applicant.
Note 1: Dependent children of an applicant in any of these economic classes must obtain an LMIA or have LMIA exemption based on their specific situation in order to apply for a work permit.
Note 2: When issuing a bridging open work permit to an applicant for permanent residence under a Provincial Nominee Program (PNP), the employment location on the work permit must be restricted to the nominating province. There are no restrictions to employment location for the Federal Skilled Worker Class, Federal Skilled Trades Class or Canadian Experience Class.