Bridging Open Work Permits vs. Bridging Closed Work Permits: Picking the wrong one can mean WP refusal
Given the Federal Levels Plan for 2025, IRCC staff layoffs, and backlogs, Permanent Residency (PR) processing times are likely to increase. Will your work permit still be valid in a year? Will it be valid in two years? If no, you should determine what your work permit options are sooner rather than later.
Some people might be eligible for an LMIA-exempt bridging work permit after they submit their Canadian PR application. There are vital differences between bridging open work permits (BOWPs) and bridging closed work permits. I often see applicants who mistakenly apply for a BOWP when they should have applied for a Bridging Closed WP. Picking the wrong application type can result in IRCC refusing your work permit. A refused work permit may result in you losing your ability to work, which can jeopardize your PR application, especially if it was a Provincial Nominee Program (PNP) application.
Read on to ensure you understand what type of bridging work permit is available in which circumstances. Remember that many types of work permits require your employer to have first obtained a Labour Market Impact Assessment (LMIA). Bridging work permits are LMIA exempt, but you can only apply for a bridging work permit if you meet all the eligibility criteria. This article provides legal information but should not be taken as legal advice.
What is a Bridging Open Work Permit (BOWP)?
A BOWP is designed to allow eligible individuals with pending PR applications to continue working in Canada. These permits are considered "open," meaning they are not employer-specific, and the holder can work for most employers in Canada.
Eligibility Criteria for a BOWP: IRPR s.205(a), LMIA exemption code A75 under the International Mobility Program:
The applicant must currently be inside Canada and must have valid temporary resident status under IRPA s.22.
The applicant must either have:
a valid work permit, or
have maintained status and authorization to work under IRPR s.186(u), or
must be eligible to restore their Temporary Residency (TR) status with authorization to work on a work permit.
The applicant must be the Principal Applicant and must have submitted a PR application under specific streams, such as:
Federal Skilled Worker Program (FSW)
Canadian Experience Class (CEC)
Federal Skilled Trades Program (FST)
Provincial Nominee Program (PNP) - but only where there is no employer restriction on the nomination
Agri-Food Pilot
Quebec Skilled Worker Class (QSWC)
Home Child Care Provider Pilot (HCCPP) or Home Support Worker Pilot (HSWP)
The PR application must have passed a completeness check or acknowledgement of receipt (AoR). For Express Entry applications including FSW, CEC, FST or EE linked PNP, the e-APR must have passed R.10 completeness check. For PR Portal applications, the applicant must have a positive eligibility assessment from IRCC.
The application for a BOWP must be submitted electronically unless an exemption applies.
Who is NOT Eligible for a BOWP?
Foreign nationals in Canada who are exempt from a work permit under any other section of IRPR 186 cannot obtain a BOWP.
Anyone applying at a Port of Entry (POE) or a visa office has not been admitted as a temporary resident and is therefore not eligible to apply for a BOWP – no flagpoling!
Spouses and dependent children of the Principal Applicant are not eligible for a BOWP; family members would have to see if they are separately eligible for a different category of work permit (which is usually LMIA required).
Anyone who is inadmissible to Canada is not eligible for a BOWP.
Specific Eligibility – Provincial Nominees
Foreign nationals nominated under a PNP are eligible for a BOWP only if they:
Provide a copy of the nomination letter issued by the nominating province or territory that indicates their employment is unrestricted.
Select “Open Work Permit” on their application form.
Prove they met the completeness check or have AoR and otherwise meet eligibility criteria.
Continue to show they have temporary intent or a dual intent.
Key Benefits of a BOWP:
Flexibility to work for any employer across Canada.
No restrictions tied to a specific province or employer.
Can maintain status and continue to work until the BOWP expires which hopefully takes you to PR landing.
A BOWP is particularly useful for individuals who wish to maintain employment flexibility or those whose employment circumstances may change during their transition to PR status.
What is a Bridging Closed Work Permit?
In contrast, a bridging closed work permit is "closed," meaning it is tied to a specific employer and often, a specific job. An applicant must submit a Bridging Closed Work Permit if they were nominated under a PNP stream with an employer-restricted nomination and they must also have an employer who submitted an Offer of Employment through the Employer Portal and obtained an A number and an O number.
Many PNP programs require a job offer or employer support. If the Province imposed employment restrictions, IRCC will not approve a BOWP! Unless your employer has an LMIA, if you want to be able to continue to work after getting nominated in a PNP category that has restricted employment, you will need to take extra steps to ensure you are eligible for a Bridging Closed Work Permit.
To determine if your PNP nomination has restrictions on employment, make sure to check your nomination letter. Your nomination will have either “Yes” or “No” in the “Restrictions on employment” field. The box is extremely important because it provides IRCC officers with confirmation of whether or not you are eligible to apply for a BOWP.
Determining if Employment is Unrestricted
The following table, included in the operational guidelines, helps clarify the restrictions:
It is possible for the PNP to list an employer or the name of the occupation and the National Occupational Classification (NOC) code and still indicate that there are no employment restrictions. If there is no restriction on employment, applicants are eligible for a BOWP, provided they meet the other eligibility criteria.
However, if there are restrictions on employment in the nomination, the applicant must also obtain what is called an R.204(c) letter in support of a Bridging Closed Work Permit and their specified employer must have submitted an Offer of Employment through the Employer Portal before they can submit a Bridging Closed Work Permit application.
Eligibility Criteria for a Bridging Closed Work Permit: IRPR s.204(c), LMIA exemption code T13 under the International Mobility Program
The applicant must have a valid (non-expired) PNP nomination from a Province (other than Quebec) or must have proof they submitted their application for PR prior to their nomination certificate expiring.
The applicant must have an R.204(c) letter of support from the Province that says there is an urgent requirement for the foreign national to begin the job prior to obtaining PR, the job is genuine and will create economic benefits, the employment is full-time, and the wages and working conditions are sufficient.
The applicant’s employer who is listed on their nomination certificate must have properly submitted an Employer Portal Offer and must have an A number and must have paid the $230 employer compliance fee and obtained an O# (NOTE: the applicant cannot submit the Employer Portal Offer and should not be paying the company’s employer compliance fee).
The applicant must prove they are qualified for the job and must prove temporary or dual intent.
Who is NOT Eligible for a Bridging Closed Work Permit?
Applicants who fail to include any of the required supporting documents – including applicants whose employers refuse to file the Employer Portal Offer.
Employers who are on the public list of non-compliant employers may not be allowed to support a Bridging Closed Work Permit.
Applicants who fail to prove they are able to perform the work in the job offer.
Can applicants who had a restriction on employment under PNP change employers?
This is a common question without an easy answer. Please book a legal consultation to discuss the specific circumstances of your case. The risk of switching employers is, among other things:
that the new employer might not be eligible for the particular PNP program under which you were initially nominated, or
that the Province will not allow you to change employers, or
that the change in employment renders you ineligible for PR.
You and your employer also have a positive obligation to inform the PNP and IRCC of material changes in your circumstances. Changing employers or losing your job is a material change in circumstances. The Province can pause or revoke nominations. If the Province pauses or revokes your nomination, that can cause you to lose eligibility for PR and IRCC might refuse your permanent residency.
Note that applicants with a new employer who apply for a Bridging Closed Work Permit would need a new Offer of Employment through the Employer Portal AND a new R. 204(c) support letter from the Province. They would also need a new confirmation of nomination from the Province with the new employer if they have not already submitted an application for PR. In some cases, an applicant may not need a new confirmation of nomination form the Province if they submitted a PR application before the nomination expired but these are complex situations and require legal advice.
Key Features of a Bridging Closed Work Permit:
Work authorization is limited to the employer specified in the nomination.
Required when the PNP nomination is employer-restricted.
This permit is for individuals whose PR applications hinge on maintaining employment with a specific employer. When the PNP nomination has restrictions on employment, only a Bridging Closed Work Permit has a chance of success. The closed permit ensures that the applicant continues to work for the employer who supported their PNP application. The Province often requires employers to be vetted or on a list of acceptable employers and the Province usually wants to ensure the applicant will be working in a particular job.
Key Differences Between BOWP and Bridging Closed Work Permits
When to Choose Each Permit
Choose a BOWP if:
Your PR application passed the completeness check/AoR under a Federal Express Entry stream or a non-employer-restricted PNP nomination.
You meet BOWP eligibility as the principal applicant.
Choose a Bridging Closed Work Permit if:
Your PNP nomination is tied to a specific employer, and continuing employment with that employer is a condition of your nomination.
Your employer must submit an LMIA exempt Offer of Employment through the Employer Portal and obtain an A# and the Province must provide a R.204(c) letter in support of work.
Choose an LMIA-supported closed Work Permit if you do not meet eligibility for a bridging work permit
Make sure your employer properly advertises and recruits and there are no LMIA refusals to process for the region in which you will work (depends on the unemployment rate for Census Metropolitan Areas).
Your employer must submit an LMIA application to ESDC and pay the $1000 processing fee per position. LMIA processing times are upwards of 6 months, so plan well in advance. Only if ESDC approves the LMIA and you are a named worker, would you be eligible for an LMIA-based work permit. In some circumstances, you can apply for a change of conditions on your work permit with IRCC pending the decision from ESDC on the LMIA but this is complex and requires legal advice.
Final Thoughts
Navigating the nuances of work permits can be complex, especially when bridging temporary status to permanent residency. Understanding the differences between bridging open and closed work permits ensures that applicants make informed decisions that align with their circumstances and immigration goals. When in doubt, consult an immigration lawyer to determine the best course of action.
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About the author:
Alicia Backman-Beharry
Canadian Immigration Lawyer