Canada: Expansion of Categories of Foreign Nationals Eligible for Bridging Open Work Permits

• Implied status. A foreign national is in implied status if they submit an application to extend their stay in country before their status expires. These foreign nationals cannot leave Canada while their application is pending; doing so will result in forfeited immigration status.
• Restoration of status. A foreign national may be eligible to restore their status if they have lost their status as a result of failing to timely file a renewal application and if they are able to fulfill certain requirements.
• Previous eligibility for BOWPs. Previously, foreign nationals were only eligible for BOWPs if they were in country at the time of filing and had a valid status on a work permit due to expire within the next four months. They must also have been a principal applicant under one of the application for permanent residence (APR) categories and have completed an APR stage corresponding to their class of application. 

• Clarified requirements. Foreign nationals applying under certain classes are subject to additional, clarified requirements, in addition to the ones listed above:
  • Provincial Nomination Program applicants. These applicants are eligible for a BOWP only if their nomination letters indicate “no” under Restrictions on Employment and they request an “open work permit” on the application form. BOWPs issued based on a provincial nomination are restricted to the province that issued the nomination.
  • Agri-Food Pilot applicants. Foreign nationals must have submitted their applications online and must provide their approval in principle letters with the application.
  • Quebec Skilled Worker applicants. Applicants must have a valid Quebec Selection Certificate (CSQ) at the time of APR submission and submit their acknowledgement of receipt to be eligible for a BOWP. BOWPs issued based on these APRs are restricted to the province of Quebec, with a default duration of 24 months (or passport expiry, whichever is shorter).
  • Review of BOWP applications. The new guidelines also explicitly state that if an APR is approved in principle but the IRCC has concerns about the application, the IRCC is directing officers to wait until after those concerns are resolved before issuing the work permit. This can result in delayed issuance of BOWPs where the foreign national cannot work.
• Processing times. Processing times for foreign nationals falling under these expanded categories will not change after the amendment.

Eligible foreign nationals will have more opportunities to continue working in Canada while awaiting a decision on their APR. Previously, these foreign nationals were unable to work until their applications were approved.

• Additional eligibility requirements remain the same. To qualify for a BOWP, foreign nationals must also have submitted an APR as the principal applicant under one of the following programs:
  • the Federal Skilled Worker, Canada Experience Class, Federal Skilled Trades, Provincial Nominee Program (through an Express Entry stream), or Quebec Skilled Worker categories, and passed the section R10 completeness check (showing that the foreign national has submitted a completed application and paid the application fees); or
  • under the Agri-Food Pilot, Provincial Nominee Program (through a non-Express Entry stream), caring for children, or caring for people with high medical needs classes, and received a positive eligibility assessment on their APR.
• Non-eligible applicants. The following foreign nationals do not qualify for a BOWP:
  • those who are exempt from the work permit requirement and do not currently hold a valid work permit;
  • those who are not currently in Canada (i.e. applying outside Canada or upon entering Canada);
  • dependents of principal applicants (dependents should seek work or study permits, or visitor records, under different categories); and
  • those who are inadmissible to Canada.

This new amendment to eligibility rules is aligned with Canada’s overall immigration-friendly environment, as the government seeks to create new pathways to permanent residence for essential workers and international graduates, raise immigration target levels, and support foreign worker’s rights, despite the COVID-19 pandemic.