Bridging Open Work Permit (BOWP): Who’s Eligible & How It Works

by Immilaw Team | Mar 27, 2025 | Canada Immigration

Bridging Open Work Permits (BOWP) allows work permit holders to continue working in Canada while their PR application is being processed.

BOWP is an open work permit and is not tied to a specific employer or job. The holder will have the flexibility to work for most employers across various occupations in Canada.

The BOWP is typically valid for up to two years and can be extended at the discretion of an immigration officer if the PR process takes longer than expected.

What are the Benefits of Bridging Open Work Permit (BOWP)?

The BOWP offers many benefits for the individual, including it:

• Allows holders to keep working legally while their permanent residency application is being processed, preventing job loss.
• Holders can work for any employer across Canada, which allows them to explore different job opportunities without being tied to a specific employer.
• BOWPs do not require a Labour Market Impact Assessment (LMIA), simplifying the employment process.
• Assures that individuals will not lose their legal status or ability to work while waiting for PR approval.
• Enables holders to gain additional work experience in Canada, benefitting their PR application.
• Eligible family members of the primary applicant can also apply for a BOWP, allowing them to work in Canada.

Are You Eligible for a Bridging Open Work Permit?

Now that we detailed the BOWP as an essential option for foreign nationals transitioning to permanent residency in Canada, let’s explore its eligibility criteria.

Eligibility Criteria for BOWP

• You must be living in Canada as a temporary resident.
• Must have applied for permanent residence as the primary applicant.
• Must have received an Acknowledgment of Receipt (AOR) letter confirming that the PR application is being processed.

You must meet one of the below conditions:

• Hold a valid work permit.
• Have an expired work permit and are maintaining status after applying for renewal.
• Be eligible to restore temporary resident status with work authorization.

You must have completed one of the following:

• Passed a completeness check (for Express Entry or Quebec Skilled Worker Program applicants)
• Received a positive eligibility assessment (for other BOWP-eligible programs)

You must have applied under any of these programs:

• Canadian Experience Class (CEC)
• Federal Skilled Worker Program (FSWP)
• Federal Skilled Trades Program (FSTP)
• Provincial Nominee Program (PNP) (without employer restrictions)
• Quebec Skilled Worker Program (QSW)
• Agri-Food Pilot
• Home Child-Care Provider Pilot or Home Support Worker Pilot
• Caring for Children Class or Caring for People with High Medical Needs Class (if applied before June 18, 2019)

Things to Remember

• You can keep working under maintained status if you apply for a BOWP before your current work permit expires.
• If your work permit expires while travelling outside Canada, you cannot work until the BOWP is approved.

What are the Employment Location Conditions for BOWPs?

Bridging Open Work Permits (BOWPs) usually allow you to work for any employer in Canada and change jobs easily. However, there are two key conditions:

For Provincial Nominee Program (PNP) Applicants:

• You can only work in the province or territory that nominated you for permanent residency.

For Quebec Skilled Worker (QSW) Applicants

• You must work in Quebec, the location you selected for your application.

How to Apply for a Bridging Open Work Permit (BOWP)?

• Check Eligibility: Ensure you meet all the requirements for a BOWP.
• Use IRCC Portal: Log in to Immigration, Refugees and Citizenship Canada’s (IRCC) online portal.
• Select Permit Type: Choose “Open Work Permit” as the type of permit you are applying for.
• Fill Out Forms: Complete the required application forms accurately.
• Upload Documents: Provide all necessary documents on the checklist (specific to your immigration pathway).
• Pay Fees: Pay the processing fee (CAD 155) and open work permit holder fee (CAD 100).
• Submit Application: Submit your application online through the IRCC portal

How should you proceed after Receiving a BOWP?

Once you receive a BOWP,

• Begin or continue working for any employer in Canada.
• Keep your BOWP and related documents accessible for proof of work authorization.
• Monitor the status of your permanent residence application through your IRCC account.
• Ensure you maintain eligibility and comply with Canadian work regulations.
• Plan for BOWP expiration and apply for an extension if needed.
• Prepare necessary travel documents if you travel outside Canada, as the BOWP is not a re-entry document.

What to Do If Your Work Permit Expires Before Applying for a BOWP?

Suppose your work permit expires, you haven’t applied for a Bridging Open Work Permit (BOWP), and you are not eligible to restore your status. In that case, it’s essential to act quickly and plan your next steps carefully to maintain your status in Canada!

You have three options:

• Switch to Visitor Status: You can apply for a visitor record to stay in Canada legally, but you have to stop working. It’s a good way to keep your temporary resident status while waiting for your PR decision.
• Exit Canada: If staying isn’t an option, you can leave Canada and head home (or anywhere else). Then, wait for the outcome of your permanent residence application.
• Pursue a New Work Permit: If you can find an employer willing to go through the Labour Market Impact Assessment (LMIA) process, you can apply for a new work permit under the Temporary Foreign Worker Program (TFWP). Just remember—you can’t work until you’ve got legal authorization again.

Are Family Members Eligible for an Open Work Permit in Canada?

Family members of work permit holders in Canada may be eligible for an Open Work Permit (OWP), allowing them to work while living in the country. There are specific requirements for both the principal applicant and their family members to qualify.

Requirements for Principal Applicant 

• You must be living and working in Canada or plan to do so.
• You must have a valid work permit or be approved for one.
• The work permit must be valid for at least six months after receiving the family member’s OWP application.
• The work permit should have been issued or approved after applying for an economic class permanent residency pathway.
• If applying as a Quebec Skilled Worker (QSW), you must hold a Certificat de sélection du Québec.
• You must be employed in high-skilled occupations (NOC TEER 0 or 1) or select high-skilled occupations in NOC TEER 2 or 3.

Requirements for Family Member

To be eligible, family members must meet specific requirements that ensure they are in a genuine relationship with the principal applicant and that the principal applicant holds a valid work permit. Here’s the key requirements for family members looking to obtain an OWP. 

Family members:

• Must meet the general requirements for a work permit.
• Must be in a genuine relationship with the principal applicant and can be:

1. The spouse or common-law partner.
2. A dependent child of the principal applicant or their spouse/partner.
3. A dependent child of the dependent child (grandchild)

If in Canada, the family member must have:

• A valid temporary resident status.
• Applied for maintained status before expiration.
• Eligibility to restore status as a visitor, worker, or student.

Dependent children can apply for an Open Work Permit (OWP) in Canada, but there are a few rules to keep in mind. They must be under 22 and can’t be the principal applicant. Plus, they must meet the minimum age requirements to work in their province or territory.

They must also have valid temporary resident status or be able to restore it. Their parents must hold a valid work permit and meet the necessary job requirements.

With a duration of up to two years and the possibility of extension, the BOWP offers flexibility and job security. It enables holders to work for various employers across most occupations. For those eligible, applying for a BOWP can be a significant step toward building a stable future in Canada.

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How to Check Your Spousal Sponsorship Eligibility for Canada?

by Immilaw Team | Feb 18, 2025 | Canada Immigration

Sponsoring a spouse or partner for permanent residence in Canada is an excellent way to reconnect with loved ones. If you are a Canadian citizen or permanent resident, you can sponsor your loved one for permanent residence. However, understanding the eligibility requirements and the application process can be challenging.

The blog explores the eligibility criteria for sponsorship and an overview of the sponsoring process.

Who can Sponsor?

Understanding the eligibility for sponsorship is the initial step in bringing your spouse or partner. You must meet the following criteria to become eligible for sponsoring your dear ones:

1. You must be 18 years
2. A Canadian citizen/ resident or a registered Indian
3. Living in Canada
4. Living outside Canada, you must show intent to return to Canada when your sponsored partner becomes a permanent resident.
5. Permanent residents cannot sponsor someone while living outside Canada.
6. You must provide for the basic needs of those you sponsor, not receive social assistance (except for disability), and sign a financial support undertaking for at least three years after your permanent residency.

Quebec Spousal Sponsorship

Quebec Residents who wish to sponsor their spouse or partner for immigration must adhere to specific requirements. After being approved as a sponsor by Immigration, Refugees and Citizenship Canada (IRCC), they must meet Quebec’s immigration sponsorship criteria.

This includes signing an undertaking with the province and having the Quebec Ministry of Immigration assess their income. Sponsors must understand these additional steps if they wish to bring their loved ones to Quebec.

Who is not eligible to bring your spouse/partner to Canada?

Now that you have understood the eligibility requirements, it’s essential to ensure you do not fall into any situations that would make you ineligible to sponsor your spouse or partner.

You are not eligible to sponsor your spouse, common-law, or conjugal partner in Canada if:

• You gained PR status less than five years ago after being sponsored by a spouse or partner.
• You have signed an undertaking for a previous spouse or partner who has not been a permanent resident for more than three years.
• You are still financially responsible for a previous spouse or partner, bound by the three-year undertaking.
• You are in default on an immigration loan, performance bond, or court-ordered family support payments.
• You failed to provide the financial support you agreed to when sponsoring someone in the past (this does not apply to Quebec residents).
• You are declared bankrupt and have not yet been discharged (not applicable to Quebec residents).
• You receive social assistance for any reason other than a disability.
• You were convicted of, or threatened or attempted to commit, a violent crime, sexual offence, or an offence causing bodily harm to a relative.
• You are in a penitentiary, jail, reformatory, or prison.
• You have applied to sponsor your current spouse and haven’t received a decision.
• You can’t legally stay in Canada due to being subject to a removal order.

What makes you Eligible to Sponsor a spouse or partner in Canada?

Canadian permanent residents and citizens have the opportunity to sponsor their spouse or partner for permanent residency.
To qualify, the sponsored person must be at least 18 years. Their relationship with the sponsor must meet specific criteria, including legal marriage or a committed partnership.

Various Types of Relationships Eligible for Sponsorship

When sponsoring a partner for Canadian permanent residency, it is essential to understand the different relationship types recognized by immigration authorities. Each category has distinct criteria that must be met for the relationship to be recognized by IRCC.

1. A Spouse is a person legally married to the sponsor. The individuals must be legally married to each other, with the marriage recognized in both the country where it took place and in Canada. Both spouses must have been physically present at the marriage ceremony.
2. A Common-law partner is an individual who has lived with the sponsor in a conjugal relationship continuously for at least one year. They should demonstrate a significant commitment by sharing a home, supporting each other financially and emotionally, and presenting themselves publicly as a couple. Having children together can further validate their common-law relationship.
3. A conjugal partner must be in a conjugal relationship with the sponsor for at least one year while living outside Canada. They must also show significant attachment, mutual interdependence, and obstacles that prevent them from marrying or living together. Examples of such obstacles include immigration barriers, religious restrictions, or cultural limitations related to sexual orientation.

In most cases, the sponsored partner must be admissible to Canada. If the spouse or common-law partner lives in Canada, they need valid temporary resident status (like a work permit or visitor status) or must qualify for an exemption.

Who must be Admissible to Canada for Sponsorship?

• The sponsored individual must generally be admissible to Canada.
• If the spouse or common-law partner resides in Canada, they need valid temporary resident status (work permit, study permit, or visitor status).
• They may also be exempt from needing temporary resident status under a public policy in 2005.
• The sponsored partner must have valid documents by the time they receive permanent residency.
• Under A25 (1) of the Immigration and Refugees Protection Act, spouses or common-law partners without valid temporary resident status can be sponsored.

Even if the partner is inadmissible due to:

• Overstaying a visa, visitor record, work permit, or study permit.
• Working or studying in Canada without legal status.
• Entering Canada without the required visa or documentation.
• Entering Canada without a valid travel document.

What are the benefits enjoyed by Permanent Residents in Canada?

Permanent residents in Canada enjoy a range of rights and privileges that allow them to live and thrive in the country.

Some of them include:

• They can access most social benefits available to Canadian citizens, including healthcare and education.
• They can live, work, and study anywhere in Canada without restrictions.
• They are protected by Canadian law and the Canadian Charter of Rights and Freedoms to uphold their rights.
• They can apply for Canadian citizenship after meeting specific residency requirements.

However, permanent residents cannot cast their votes in federal or provincial elections. They may be ineligible for specific jobs that require high-level security clearance.

By fulfilling residency obligations and adhering to Canadian laws, permanent residents can maintain their status and enjoy these privileges while contributing to Canadian society.

How Do Permanent Residents Become Canadian Citizens?

Permanent residents must meet several requirements to become Canadian citizens. You may find below some of the essential criteria:

• You must have lived in Canada for at least three of the last five years.
• You must prove your language skills by taking an approved language test.
• You must file their tax returns for the applicable years.
• You must pass a test on the rights and responsibilities of citizens and have knowledge of Canada’s culture and history.
• Take the Oath of Citizenship to finalize their status as Canadian citizens.
• By meeting these requirements, permanent residents can successfully transition to Canadian citizenship.

Read to Know: Enhance Your Chances of Success in Immigration: Hire an Immigration Lawyer

Feel free to contact us today to schedule a consultation and to achieve your immigration goals.

Enhance Your Chances of Success in Immigration: Hire an Immigration Lawyer

by Immilaw Team | Feb 13, 2025 | Canada Immigration

Are you dreaming of living and working in Canada? Also, stressed about the mountain of paperwork and confusing legal requirements? Then, you will probably realize that Canadian immigration law is complex and requires a lot of paperwork. It is important to note that Canadian immigration constantly changes, and a misstep could cost you everything.

According to a Toronto Star report, enlisting the help of an experienced immigration lawyer nearly doubles your likelihood of a positive outcome. So, it is recommended that the help of an experienced immigration lawyer can nearly double your likelihood of a positive outcome.

This blog will explore the benefits of hiring an immigration lawyer and how they help you to navigate the Canadian immigration process smoothly.

What are the Benefits of Hiring an Immigration Lawyer?

• Expertise and Knowledge: Immigration lawyers possess in-depth knowledge of constantly changing immigration laws and regulations. They ensure your application is accurate, complete, and submitted on time.
• Customized Legal Strategy: Lawyers can create a strategy tailored to your unique circumstances, identify potential roadblocks, correct them quickly, and advocate for your case effectively.
• Avoiding Costly Mistakes: An immigration lawyer’s attention to detail helps you prevent errors or omissions that could lead to rejection or delays. They ensure all forms are properly filled out and documents are correctly submitted.
• Access to Resources: Lawyers can access legal databases, precedents, and connections within the immigration system, expediting the process and providing valuable insights.
• Personalized Guidance: Attorneys can provide guidance that considers an individual’s unique circumstances and goals.

What makes an Immigration Lawyer the Smarter Choice Over an Immigration Consultant?

Let us explore the key reasons why choosing an immigration lawyer can be more beneficial than an Immigration consultant:

• Regulated by Law Societies: Immigration lawyers are regulated by provincial or territorial law societies. Lawyers must meet strict standards for education, ethics, and conduct. In contrast, immigration consultants may not be subject to the same level of oversight, potentially leading to inconsistencies in their qualifications and competence.
• Extensive Legal Knowledge and Resources: Lawyers can access confidential legal research tools and resources that consultants do not. This gives them a strategic edge in preparing strong applications and handling complex cases.
• Representation Before Legal Bodies: Only immigration lawyers can represent you before the Immigration and Refugee Board (IRB) and in court. They can provide comprehensive legal support if complications arise during your immigration process. Consultants cannot represent you in court.
• Professional Conduct Rules: Lawyers are obliged to act in the client’s best interests and maintain honesty, integrity, and transparency while engaging with the clients. Consultants are not bound by the same legal ethics, increasing the risk of misleading claims.
• Expertise in Handling Complex Cases: Lawyers are trained to handle complicated immigration cases, legal disputes, and appeals, ensuring thorough legal representation beyond basic application processing.

Choosing an immigration lawyer ensures guidance and legal protection throughout your immigration journey, which consultants cannot assure.

How to Protect Yourself from Immigration Fraud?

Immigration fraud is a growing threat, preying on the hopes of individuals seeking a better life in Canada. Unfortunately, this can make individuals vulnerable to fraudulent schemes. Some individuals and companies may promise quick and easy solutions, but these may be fake, and applicants may end up losing a good amount of money.

Learn how to recognize the red flags, verify credentials, and protect your personal information to ensure your Canadian dream doesn’t become a nightmare.

Here are essential steps to safeguard your application and future from immigration scams:

• Ensure the individual or company is a member of a recognized professional organization, such as the Canadian Bar Association (CBA) or the College of Immigration and Citizenship Consultants (CICC).
• Always request written agreements that clearly outline the services provided, associated fees, and terms of the arrangement to avoid hidden costs or false promises.
• Before providing personal information, ensure that websites are secure.
• Be wary of anyone promising quick approvals or guaranteed visas. No one can guarantee application approval.
• Be cautious if asked to pay into a personal bank account. Legitimate firms typically use corporate accounts.
• Be cautious if someone claiming to be a CBSA employee requests personal information or demands money. The CBSA never asks for your SIN or credit card by telephone, text, or email.

If you believe you have become a victim of immigration fraud, report it immediately to local authorities, Immigration, Refugees and Citizenship Canada (IRCC), and professional regulatory bodies like the CICC or CBA.

Why Hiring an Immigration Lawyer is a Smart Investment for Your Future?

You cannot predict the outcome of an immigration case with certainty. Similarly, you cannot foresee all the associated expenses involved in an immigration case due to various influencing factors. The cost of engaging an immigration lawyer may vary depending on the complexity of the matter and the lawyer’s fee structure. However, this expense is often a wise investment rather than merely an added cost.

By taking the help of an experienced immigration lawyer, you significantly increase your chances of a successful application. Their expertise helps you navigate complex legal procedures, avoid costly errors, and handle potential challenges efficiently. Ultimately, this can save time and money in the long run and provide invaluable peace of mind.

Expert Immigration Services from ImmiLaw Immigration Law Professional Corporation

Immigration law is complex and constantly evolving, meaning even minor errors can lead to significant legal and financial repercussions. Hiring an immigration lawyer can significantly boost your chances of a successful application, whether you are a student, professional, or part of a family seeking a new future.

ImmiLaw Immigration Law Professional Corporation aims to deliver cost-effective, client-focused solutions customized to your specific immigration needs. We provide transparent pricing and personalized support to help you navigate the complexities of the immigration process with ease. Our expertise ensures that your application is accurate, complete, and compliant with the latest immigration laws, reducing the risk of delays or rejections.

Remember, the cost of hiring an immigration lawyer is an investment in your future. Don’t take chances with your legal status—contact us today to schedule a consultation and to achieve your immigration goals.

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