You have applied for permanent residence and have not obtained a result, but your work permit is about to expire. Now what? This is where Bridging Open Work Permit comes into the picture. This type of work permit is to remedy the situation where a permanent residence applicant may end up having no status for a period in Canada.
To be eligible for a bridging open work permit, your permanent residence application has been found complete or has received a positive eligibility assessment, your current work permit expires in 4 months or less, you are currently in Canada and have a valid work permit. If the applicant is applying for a bridging work permit at the port of entry, the applicant does not qualify for a bridging work permit.
It is important to recognize that you only qualify if you applied for permanent residence under the Federal Skilled Worker Class, the Federal Skilled Trades Class, the Canadian Experience Class or the Provincial Nominee Program, Caring for Children Class or Caring for People with High Medical Needs Class.
If your Provincial Nominee Certificate imposes any employment restriction, applicant under the Provincial Nominee Program will not be able to get a bridging open work permit.
It is critical to check the processing time at least 4 months before your work permit expires to allow yourself enough time to obtain a bridging open work permit before the current work permit expires. This work permit allows you to work for any employer in any location (except applicants under a Provincial Nominee Program, the employment location on the work permit must be restricted to the nominating province). It is also recommended to avoid switching jobs at this juncture as some employers maybe concerned about the employment stability due to the soon-expired work permit.
There are a few circumstances where the foreign nationals do not qualify for a bridging open work permit, for example, if the foreign nationals are the spouses or dependants of the principal permanent resident applicants, foreign nationals who are inadmissible to Canada, foreign nationals whose work permits are valid for longer than 4 months; foreign nationals who already have a new LMIA that can be used as the basis for a new work permit application; foreign nationals who have let their status expire and must apply for restoration in order to return to temporary resident status.
Disclaimer: This article is intended for education purpose only and does not constitute any legal advice. For legal advice tailored to your case, please speak with a licensed immigration lawyer at MEHDI AU LLP.
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