Immigration and Refugee Law
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A bridging open work permit (BOWP) is an open work permit that IRCC may issue to certain foreign workers in Canada who have applied for permanent residence, so they can keep working while that application is processed. The BOWP is not named in the Immigration and Refugee Protection Regulations; it is an IRCC program built on the Minister’s power to designate work under section 205(c)(ii) of the Regulations, with eligibility details set out in IRCC’s own instructions.
For many workers, the gap between a work permit’s expiry date and a final decision on permanent residence is the most stressful part of the immigration process. A BOWP is meant to bridge that gap. This guide explains where the permit comes from in law, why timing matters so much, how maintained status and restoration work, what the Federal Court has said about open work permits linked to permanent residence, and the practical steps that help you avoid a break in your status or your ability to work.
Key takeaways
Table of contents
A bridging open work permit is designed for people who are already working in Canada on a temporary basis and who have applied to become permanent residents under certain economic programs. Without it, a worker whose permit is about to expire could be forced to stop working, or even to leave Canada, while IRCC is still processing a permanent residence application that the worker is otherwise pursuing in good faith.
An “open” work permit is one that is not tied to a single named employer. That is a significant change for someone who has been on an employer-specific permit, but it is not unlimited. As explained below, conditions can still be placed on any work permit, and the permit document itself controls what you may do.
A BOWP is temporary. It does not grant permanent residence, and it does not mean the permanent residence application will be approved. It simply allows eligible applicants to keep working lawfully while a decision is made. For a broader overview of Canadian work permits, see our work permit services page.
Under section 30(1) of the Immigration and Refugee Protection Act (IRPA), a foreign national may not work in Canada unless authorized to do so under the Act. Section 30(1.1) allows an officer, on application, to authorize work if the foreign national meets the conditions set out in the Regulations.
The Immigration and Refugee Protection Regulations (IRPR) supply those conditions. Section 200 is the general framework for issuing a work permit. It requires an examination, requires the applicant to meet the applicable requirements and generally to leave Canada at the end of the authorized stay, and allows a permit to be issued without a job offer for work described in section 205. Section 200 is subject to subsections 200(2) and (3), which list situations in which an officer must not issue a permit.
Section 205(c)(ii) allows a work permit for work that the Minister has designated on the basis that limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada’s academic institutions or economy. The BOWP is one of the programs IRCC administers under that designation power. In Serimbetov v Canada (Immigration, Refugees and Citizenship), 2022 FC 1130, at para 41, the Federal Court noted that the IRCC guidance before it referred to the “A75” exemption code for permanent resident facilitation, such as bridging open work permits for certain economic class applicants, and remarked that IRCC’s guidance on which code to apply was inconsistent.
Because the Regulations do not list which permanent residence programs qualify for a BOWP, the eligibility rules come from IRCC’s program instructions. Those instructions identify which economic immigration streams are covered, what stage the permanent residence application must have reached, what status the applicant must hold in Canada, and any special rules for particular programs, such as provincial nominee applicants. You can read more about the provincial nominee framework in our guide to the Provincial Nominee Program under section 87 of the Regulations.
These instructions have changed over time and may change again. Before applying, read IRCC’s current instructions on extending or changing the conditions on a work permit and confirm that your specific permanent residence stream, your application stage and your current status all fit. Do not rely on older articles, forums or a friend’s experience: a rule that applied a few years ago may no longer apply.
It is also important to be clear about what is not covered. The legal provisions discussed in this guide do not make every permanent residence applicant eligible for a BOWP. For example, family class and spousal sponsorship applicants should not assume that a BOWP is available to them, and no applicant should assume a BOWP is available simply because a permanent residence application has been filed.
Timing is often the single most important factor. Section 201(1) of the Regulations provides that an application to renew a work permit must be made before the permit expires, and the applicant must have complied with the conditions imposed on entry.
If a qualifying application is made in time and IRCC has not decided it by the end of your authorized stay, section 183(5) extends your authorized period until a decision is made (if the application is refused) or until the end of the new period (if it is approved). Section 183(6) provides that you keep your temporary resident status during that extended period, subject to any other conditions. This is known as maintained status, and our guide to maintained status in Canada explains it in detail.
An application that IRCC treats as incomplete may be returned rather than processed, which can create serious problems if your permit has expired in the meantime. Our article on what to do when an IRCC application is returned as incomplete explains the options in that situation.
Keeping your status and being allowed to work are two different legal questions. Section 186(u) of the Regulations allows a person to work without a new permit until a decision is made on an application made under section 201(1), if they have remained in Canada after their work permit expired and they continue to comply with the conditions set out on the expired permit, other than the expiry date.
The practical consequence is easy to miss: while the BOWP application is pending, you may continue working only on the terms of your old permit. If your previous permit was tied to a named employer, occupation or location, those restrictions continue to apply until IRCC approves the BOWP. Filing a BOWP application does not, on its own, allow you to change employers.
Leaving Canada while your application is pending can affect maintained status and your authorization to work under section 186(u), because that provision requires that you have remained in Canada. Speak with a lawyer before travelling if you are relying on maintained status.
If your work permit expired before you applied, maintained status does not arise. In that situation, section 182(1) of the Regulations allows a worker to apply to restore temporary resident status within 90 days after losing it as a result of failing to comply with certain conditions, including staying beyond the authorized period. An officer must restore status if, following an examination, it is established that the person meets the initial requirements for their stay, has not failed to comply with any other conditions and is not the subject of a declaration under section 22.1(1) of IRPA.
Restoration is not automatic, and section 182 does not itself authorize you to work while a restoration application or a new work permit application is pending. Anyone in this position should get advice quickly, because the 90-day period is strict.
Section 185 of the Regulations allows an officer to impose conditions on a work permit, including conditions about the type of work, the employer, the duration of work with an employer, the location, and the times and periods of work. In addition, section 200(3)(h) prevents a permit from being issued in specified situations involving an employer who is ineligible under the Regulations or in default of an administrative monetary penalty.
So although a BOWP is not normally tied to a single employer, it should not be treated as permission to work anywhere for anyone. Read your permit carefully when it arrives, including its expiry date and any listed conditions. The Regulations do not prescribe a standard length for a BOWP; the expiry date printed on your permit is what counts.
A BOWP issued to the principal applicant does not, by itself, authorize a spouse, common-law partner or child to work in Canada. Each family member needs their own authorization to work under IRPA and the applicable program rules.
IRCC’s rules for open work permits for family members are set out in its program instructions, and these rules have been revised in recent years. Eligibility can depend on factors such as the principal applicant’s situation and the family member’s own status. Check IRCC’s current instructions for family members before applying, and do not assume that a spouse or partner can work simply because the principal applicant holds a BOWP.
A refusal can have immediate consequences. Under section 183(5)(a) of the Regulations, maintained status lasts until the day a decision is made if the application is refused, and the authorization to work under section 186(u) also ends once the application is decided. Depending on your circumstances, the options may include applying to restore status within 90 days, filing a new application on a different basis, or applying to the Federal Court for leave and judicial review of the refusal.
Judicial review is not a new application. The Federal Court reviews whether the decision was reasonable and procedurally fair; it does not decide whether you should receive the permit. Strict deadlines apply, and they are shorter for decisions made in Canada. Our article on immigration judicial review deadlines explains the time limits. If you are considering judicial review, get advice as soon as you receive the refusal.
We are not aware of a reported Federal Court decision that sets out the ordinary BOWP eligibility test on its merits. However, several decisions are helpful in understanding how the Court reviews refusals of open work permits linked to permanent residence.
Samin Mortazavi has acted in Federal Court judicial reviews in immigration matters, including work permit matters. Recent decisions are listed on our Federal Court decisions page. Every case turns on its own facts, and past results do not predict the outcome of any other matter.
IRCC processing times change frequently and depend on the type of application and the volume IRCC is handling. We do not give fixed processing times. IRCC publishes current estimates on its processing times page, and these are estimates only.
Because processing times are unpredictable, plan around your own deadlines rather than IRCC’s estimates. Track the expiry date of your current permit, the stage of your permanent residence application and the date you will need to apply, and allow time to gather documents before your permit expires.
It is an open work permit that IRCC may issue to certain foreign workers in Canada who have applied for permanent residence under eligible economic programs, so they can keep working while the permanent residence application is processed.
Not by name. Its legal basis is the work permit framework in sections 200 and 205(c)(ii) of the Regulations, which allow work designated by the Minister for public policy reasons relating to Canada’s competitiveness. The detailed eligibility rules are in IRCC’s program instructions.
IRCC’s current instructions list the eligible economic programs and the stage your application must have reached. These rules change, so confirm them on IRCC’s website on the day you apply rather than relying on older sources.
If your permit has already expired, you do not have maintained status. You may be able to apply to restore your status under section 182 of the Regulations within 90 days, but restoration is not automatic and does not by itself allow you to work.
Under section 186(u) of the Regulations, you may keep working if you applied to renew your work permit before it expired, you have remained in Canada and you continue to follow the conditions of your expired permit, other than its expiry date.
No. While the application is pending, you may work only under the conditions of your old permit. If that permit was employer-specific, you must keep to that employer until the BOWP is approved.
A BOWP is normally not tied to one employer, but section 185 of the Regulations allows conditions to be imposed on any work permit, and some employers are ineligible under section 200(3)(h). Always check the conditions printed on your permit.
The Regulations do not set a standard duration for a BOWP. The expiry date printed on your permit is what counts.
Not automatically. Each family member needs their own work authorization under IRCC’s current rules for family members, which have been revised in recent years.
Leaving Canada can affect maintained status and your authorization to work under section 186(u), which requires that you have remained in Canada. Get advice before travelling.
Options may include restoration within 90 days, a new application on a different basis, or an application to the Federal Court for leave and judicial review. Strict deadlines apply, so get advice promptly.
Processing times vary and change often. IRCC publishes current estimates on its website, but these are estimates only, and we do not give fixed processing times.
If you are waiting for a permanent residence decision and your work permit is close to expiring, or if your BOWP application has been refused, Pax Law Corporation can review your situation and explain your options. Samin Mortazavi provides immigration and refugee law services through our Vancouver office to clients across Canada and internationally. Pax Law Corporation is a general practice with offices in North Vancouver and Toronto, and you can book a consultation with either office.
This article is for general information only and is not legal advice. The law can change and every case is different. Reading it does not create a lawyer–client relationship. For advice about your own situation, please book a consultation with a lawyer.
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