Immigration and Refugee Law
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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
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.
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.
The Regulations set out when a work permit is cancelled:
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.
While your BOWP remains valid, you may generally keep working within its conditions. To protect yourself:
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:
Learn more about work permit options on our Canadian work permit page.
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.
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.
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.
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).
Generally yes, while the permit is valid and you follow its conditions. Check the expiry date and any location condition printed on your permit.
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.
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.
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.
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.
No. A reconsideration request is discretionary and does not pause the deadline under section 72 of IRPA (Katebi, 2014 FC 813).
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.
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.
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.
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.
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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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