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Immigration and Refugee Law
PR refused: does my bridging open work permit stay valid?
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PR refused: does my bridging open work permit stay valid?
A bridging open work permit (BOWP) lets some people keep working in Canada while Immigration, Refugees and Citizenship Canada (IRCC) decides their application for permanent residence (PR). But what happens if that PR application is refused, or if you withdraw it? Many permit holders worry that their right to work ends the same day.
This article explains, in plain language, what the Immigration and Refugee Protection Regulations (IRPR) and IRCC’s published instructions say about the validity of a BOWP after a PR refusal, when a work permit can be cancelled, how to stay in status, and what options you may have. It describes federal law only and is not legal advice.
In this article
What is a bridging open work permit?
A BOWP is an open work permit for certain economic class PR applicants who are already working in Canada. IRCC issues it under paragraph 205(a) of the IRPR, which allows a work permit for work that would create or maintain significant social, cultural or economic benefits or opportunities for Canadians or permanent residents. IRCC identifies this category with administrative code A75, and officers must also be satisfied that all the requirements of section 200 of the IRPR are met.
According to IRCC’s program delivery instructions on bridging open work permits, you must generally be in Canada; hold a valid work permit, have maintained status under paragraph 186(u) of the IRPR after applying to renew your work permit, or be eligible to restore your status as a worker; and be the principal applicant in a qualifying PR application at the required stage. Qualifying programs include the Federal Skilled Worker, Canadian Experience and Federal Skilled Trades classes, the Provincial Nominee Program (where the nomination has no employment restrictions), the Quebec skilled worker and Quebec investor classes, the Agri-Food Pilot and certain caregiver classes and pilots. See also IRCC’s public BOWP page and our detailed guide to the bridging open work permit.
The instructions show the permit as valid for 24 months from the date of issue (24 months or passport validity, whichever is shorter, for Quebec skilled workers and investors). Officers enter the remark “APR Pending” on the permit. For provincial nominees and Quebec applicants, the permit is limited to work in the nominating province or in Quebec.
What happens to a BOWP when the PR application is refused?
The short answer under the current Regulations: a refusal of the PR application does not, by itself, make the work permit invalid. Section 209 of the IRPR, as amended in 2025, says that a work permit becomes invalid when it expires or when it is cancelled under section 209.01, 209.02 or 243.2. None of those provisions lists the refusal or withdrawal of a PR application as a ground of invalidity.
IRCC’s current BOWP instructions also do not say that the permit ends when the PR application is refused or withdrawn. The “APR Pending” remark records why the permit was issued; the instructions do not describe it as a condition of the permit. The location restriction for provincial nominees and Quebec applicants is a condition imposed under section 185 of the IRPR, but it concerns where you may work, not the outcome of your PR application.
So, on the wording of the Regulations and the published instructions, a BOWP generally remains valid until its expiry date unless it is cancelled on one of the grounds below. However, IRCC’s instructions do not expressly address this situation, we are not aware of a Federal Court decision that decides it directly, and IRCC’s practice can change. You should read the conditions printed on your own permit carefully and get advice on your specific facts.
Can IRCC cancel my BOWP?
The Regulations set out when a work permit is cancelled:
- Administrative error (section 209.01): an officer may cancel a work permit if satisfied that it was issued based on an administrative error.
- Automatic cancellation (section 209.02): a work permit is cancelled if the holder becomes a permanent resident or dies.
- Enforceable removal order (section 243.2): a work permit and a study permit are cancelled when a removal order made against the holder becomes enforceable.
This matters if your PR application was refused for reasons such as misrepresentation under section 40 of the Immigration and Refugee Protection Act (IRPA) or another inadmissibility. A refusal on those grounds can lead to an inadmissibility report and, later, a removal order. If a removal order becomes enforceable, your work permit is cancelled under section 243.2. If you received a procedural fairness letter or an inadmissibility finding, get advice right away.
Working legally after the refusal
While your BOWP remains valid, you may generally keep working within its conditions. To protect yourself:
- Keep a copy of your permit and check its expiry date, any location condition and any medical condition.
- Keep the refusal letter and the date you received it; deadlines for court review run from that date.
- If your employer asks, explain the permit’s expiry date and conditions. A PR refusal does not change the date printed on the permit.
- Do not work outside the permit’s conditions. Working without authorization is a breach of section 183 of the IRPR and can cause serious problems with future applications.
Your status when the BOWP expires
Your temporary resident status as a worker generally ends when your work permit becomes invalid (paragraph 183(4)(b) of the IRPR). Plan before that date:
- Maintained status: if you apply to extend your stay or renew your work permit before it expires and IRCC has not decided by the expiry date, subsection 183(5) extends your authorized stay until a decision is made. Under paragraph 186(u), you may keep working under the conditions of the expired permit until the renewal application is decided, if you remain in Canada. See our guide to maintained status.
- A new BOWP is usually not available: a BOWP requires a pending, qualifying PR application. IRCC’s instructions say that renewals of an unrestricted open work permit are considered case by case. After a refusal, you will usually need a different basis, such as an employer-specific work permit or another open work permit category.
- Restoration: if your status is lost, section 182 of the IRPR lets you apply to restore it within 90 days, if you meet the initial requirements for your stay and have complied with the other conditions. A pending restoration application does not itself authorize you to work; section 196 of the IRPR prohibits work unless a work permit or the Regulations authorize it.
Learn more about work permit options on our Canadian work permit page.
Your options after a PR refusal
- Ask for reconsideration: there is no formal right to reconsideration, but you may ask the officer to reconsider, for example if the refusal overlooked a document you submitted. The Federal Court of Appeal has recognized that officers have discretion to reconsider in appropriate circumstances (Kurukkal, 2010 FCA 230). A request does not stop the court deadline from running: in Katebi, 2014 FC 813, the Federal Court refused to accept a pending reconsideration request as an explanation for filing late.
- Judicial review: under section 72 of IRPA, you may apply to the Federal Court for leave and judicial review. Under paragraph 72(2)(b), the application must be served and filed within 15 days for a matter arising in Canada, or 60 days for a matter arising outside Canada, after you are notified of or otherwise become aware of the decision. A judge may extend the time for special reasons. The Court reviews whether the decision was reasonable and fair (Vavilov, 2019 SCC 65); it does not grant permanent residence itself. See our judicial review page.
- A new PR application: if you still qualify, you may be able to submit a new Express Entry profile or a new application that fixes the problem identified in the refusal.
- Other temporary options: depending on your situation, an employer-specific work permit or another open work permit category may be available.
Common problems
- Assuming the permit ended on the refusal date and stopping work without checking the Regulations and the permit itself.
- Missing the 15-day judicial review deadline while waiting for an answer to a reconsideration request.
- Applying to extend the BOWP after the PR refusal, when there is no longer a pending PR application to support it.
- Letting the permit expire without applying for a new permit in time, which ends maintained status options and may require restoration.
- Ignoring a refusal based on misrepresentation, which can carry a five-year inadmissibility period under paragraph 40(2)(a) of IRPA.
When to get legal advice
Get advice as soon as you receive the refusal, especially if it mentions misrepresentation or inadmissibility, if your permit expires soon, or if you are considering judicial review. A lawyer can review the refusal reasons, your permit’s conditions and your timeline, and explain which options fit your situation.
Key takeaways
- Under section 209 of the IRPR, a work permit becomes invalid when it expires or is cancelled under section 209.01, 209.02 or 243.2. A PR refusal or withdrawal is not one of those grounds.
- IRCC’s current BOWP instructions do not say the permit ends when the PR application is refused, but they do not address the point directly.
- An enforceable removal order cancels a work permit.
- A new BOWP generally requires a pending, qualifying PR application.
- Judicial review deadlines are short: 15 days for decisions made in Canada.
Frequently asked questions
Does my BOWP end automatically when my PR application is refused?
Not under the current wording of the Regulations. Section 209 of the IRPR says a work permit becomes invalid when it expires or is cancelled under section 209.01, 209.02 or 243.2, and a PR refusal is not listed.
What if I withdraw my PR application?
The same rules apply. Withdrawal is not a listed ground of invalidity or cancellation, but you will usually not be able to renew the BOWP without a pending PR application.
Can IRCC cancel my BOWP?
Yes, in limited cases: an officer may cancel a permit issued because of an administrative error (section 209.01), and a permit is cancelled if you become a permanent resident or if a removal order against you becomes enforceable (sections 209.02 and 243.2).
Can I keep working for my employer after the refusal?
Generally yes, while the permit is valid and you follow its conditions. Check the expiry date and any location condition printed on your permit.
Can I get a new BOWP after the refusal?
Usually not on the same basis, because a BOWP requires a pending, qualifying PR application. If you submit a new qualifying application, you may become eligible again once it reaches the required stage.
What is maintained status?
If you apply to extend your stay or renew your permit before it expires, subsection 183(5) of the IRPR extends your authorized stay until IRCC decides. Under paragraph 186(u), you may keep working under the old permit’s conditions while you remain in Canada.
What if my permit has already expired?
You may be able to apply for restoration under section 182 of the IRPR within 90 days of losing status. You must meet the initial requirements for your stay and have complied with the other conditions.
How long do I have to challenge the PR refusal in Federal Court?
Under paragraph 72(2)(b) of IRPA, 15 days for a matter arising in Canada and 60 days for a matter arising outside Canada, after you are notified of or become aware of the decision. A judge may extend the time for special reasons.
Does asking IRCC to reconsider stop the court deadline?
No. A reconsideration request is discretionary and does not pause the deadline under section 72 of IRPA (Katebi, 2014 FC 813).
Can my spouse keep working?
A spouse or partner’s open work permit issued because the principal applicant held a BOWP has its own expiry date. The same invalidity and cancellation rules apply to it. Get advice on renewal options.
Will a misrepresentation refusal affect my work permit?
It can. A misrepresentation finding may lead to an inadmissibility report and a removal order. If a removal order becomes enforceable, your work permit is cancelled under section 243.2 of the IRPR.
Does a judicial review let me keep working?
The court application does not by itself extend your work permit or your status. Your right to work still depends on your permit and the Regulations.
Book a consultation
If your PR application was refused and you hold a bridging open work permit, a lawyer at Pax Law Corporation can review your situation and explain your options.
- Book online: Book a consultation — 215-1433 Lonsdale Avenue, North Vancouver, BC V7M 2H9 — +1-604-767-9529
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Disclaimer: This article is general legal information only, not legal advice. It reflects the Immigration and Refugee Protection Act, the Immigration and Refugee Protection Regulations, IRCC’s published instructions and the court decisions cited as of the date of publication. Laws and IRCC practices change and every case is different, so speak with a lawyer about your own circumstances. Past results do not guarantee future outcomes.
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