Tag Archives: Bridging Open Work Permit

I’ve Been Nominated by a Province and Need to Extend My Work Permit – Bridging Open Work Permit or Work Permit With Provincial Support Letter?

A question that I continue to get particularly from B.C. based,  provincially nominated, clients requesting assistance on extending a work permit is how to choose between selecting an open bridging work permit or a province supported closed work permit based on a work permit support letter. Authority for the province supporting a foreign worker is provided by R.204(c) of the Immigration and Refugees Protection Regulations.

IRCC’s Coming to Canada survey does not always make it clear when you are selecting that you want to apply for work permit extensions but here are at least five factors you should take into consideration before selecting on a strategy:

  1. Timing – when is IRCC going to receive your PR Application/are there any complications with your PR Application; When does your nomination expire?
  2. Paper vs. Online – this is a very important choice that can carry pros and cons on both sides;
  3. Category of Application – Are you applying as an international post-graduate? Skilled worker? Entrepreneur? – what are your commits to your employer under each and how much flexibility are you provided?
  4. Stability of your current job – Are there reasons to believe that your PNP nomination may be at risk (i.e. company having financial difficulties, discussions of downsizing, etc.). Would you possibly need to “jump ship” in order to maintain your status in Canada in such a circumstance.
  5. Is there the existence of an Express Entry PNP option – if so you may be able to fast-tracked your usual paper-based process and could be aided by having an employer-specific work permit.

I have seen several cases where individuals who would have been better off one over the other. I have seen more than a few individuals lose status because of the extension process.

This is certainly an issue I would seek legal advice on and early – to prepare a strategy earlier rather than later.

Breaking down the Bridge – Open Bridging Work Permit

Two weeks ago, CIC introduced clarified instructions on when an Open Bridging Work Permit would be issued with respect to economic class applicants (see: http://www.cic.gc.ca/english/resources/tools/temp/work/prov/bridging.asp).

The parameters are as follows:

1) They are currently in Canada;

2) They have valid status on a work permit that is due to expire in four months or less;

3) They are the principal applicant on application for permanent residence under the Federal Skilled Worker Class, the Canadian Experience Class, the Federal Skilled Worker Class, and the Provincial Nominee Class;

4) They have received a positive eligibility assessment on their permanent residence application under one of the Economic Class programs above;

5) They have applied for an open work permit; and

6) They have paid the required fees for the work permit and Open Work Permit holder fee;

It is equally important to look at some of the individuals who are not qualified to apply for a brdiging open work permit

1) Foreign Nationals (FNs) who are Work Permit-exempt Business Visitors;

2) FNs whose status has expired and must apply for a Restoration of their Temporary Resident Status;

3)  FNs whose work Permits that expire in more than four months or if there  is a new LMIA that can be used as the basis of the work permit application;

4)  FNs who are applying for a bridging work permit at the Port of Entry;

5) Spouses and Dependants of PR Applicant -although they may be eligible for an open work permit but this on a separate basis, R205(c)ii) of IRPA, C41 (see: http://www.cic.gc.ca/english/resources/tools/temp/work/opinion/policy.asp)

6. Provincial Nominees who have not submitted a copy of their nomination letter in an briding work permit application or their nomination letter indicates employment restrictions.

Acknowledgement of Receipt from CIO

The eligibility trigger for FSWC, PNP, and CEC applications is the change of Eligibility status in GCMS or, and Applicants will likely find out this way, through the receipt of an Acknowledgment of Receipt from CIC – CIO.

Express Entry

Express Entry is more peculiar in that there are two Acknowledgement of Receipt letters. The first, when you submit your electronic Application for Permanent Residence does not qualify for the purposes of applying for the Bridging Work Permit. You must wait until your application is considered complete pursuant to s.10 and s.12.01 of IRPR. Atrt this time you will receive an official Acknowledgment of Receipt indicating that the letter may used to support a BOWP.

Employment Restrictions

For Provincial Nominees, it is crucial to review the Nomination Letter prior to submitting this application. There may be an Employer indicated, a NOC indicated,  but the key box to consider is whether there are employment restrictions, a separate box located on current nomination letters.

Term of Issuance

Based on the instructions,  it appears that these are being issued for 12 months, with further extensions to stay on an open work permit considered on a case-by-case basis.