.jpg)
Recently, a client came to my office and told me she was waiting for her boss to support her application for the BOWP, which is a mistake because, for this particular application, she doesn't need that support!
The immigration process in Canada can be complex if the applicant doesn't seek out or can't find the necessary information, which is why I decided to address this question in this blog.
The issue is clear: if the Bridging Open Work Permit doesn't require employer sponsorship, then how does it work?
To understand how this process works, I invite you to learn about the BOWP through its application categories, so you'll know when you can apply for it.
This document is an immigration relief measure that allows applicants for permanent residence to maintain their legal status and ability to work while their main application is being processed.
The Bridging Open Work Permit is organized into application categories. These are:
If you apply for permanent residence through the Express Entry system, the process is straightforward. Once your application has been submitted and you receive confirmation, you can apply for the Bridging Open Work Permit.
This permit does not require a supervisor’s approval, does not require an LMIA process, and does not require any paperwork on the part of the company. As it is an open work permit, it gives you the freedom to work legally, as long as you meet the conditions established for this program.
Note: An open work permit is a document that authorizes the holder to work for any employer in Canada—with certain exceptions—without the need for a binding job offer or a positive LMIA.
Positive LMIA: Labor Market Impact Assessment. This is a document issued by Employment and Social Development Canada (ESDC) that confirms the need to hire a foreign worker when it is not possible to fill the position with a citizen or permanent resident.
The second category includes individuals who obtained their residency or applied for residency through a provincial nomination.
The key factor here lies in the wording of your document.
If your provincial nomination states that you are not employed by an employer, then you do not need your employer's sponsorship and can apply for a Bridging Open Work Permit.
The third category applies if you were able to apply for permanent residence through a provincial nomination, and your application indicates that you are employed by an employer.
Under these circumstances, unfortunately, you cannot apply for a Bridging Open Work Permit, but rather a Bridging Closed Work Permit.
Note: A closed work permit is tied to a specific employer and province, and its validity is subject to the terms of the employment contract and the employer's support.
To be eligible, you must:
Note: There are no employer restrictions for this type of permit. Also, keep in mind that submitting a profile to the Express Entry system (pool) is not the same as applying for permanent residence.
The provincial nomination program is a mechanism through which Canada’s provinces and territories select individuals with specific skills, training, and work experience to meet the needs of their local economies.
The process requires that the applicant express their intention to live in that jurisdiction in order to obtain permanent residency, based on criteria and annual quotas determined exclusively by each province or territory.
This pathway is, in itself, an exception to the LMIA requirement. If your employer uses that provincial nomination and requests an LMIA exemption, you can apply for a closed work permit without any issues. Therefore, there is no need to seek agreements or alternative pathways—such as Francophone Mobility—in order to apply.
Every year, Immigration, Refugees and Citizenship Canada (IRCC) rejects applications due to errors that could be avoided if applicants understood how their cases are processed.
The Canadian immigration process is complex and can lead to confusion over terminology or misinterpretations.
To better understand the terms of your nomination, the deadlines for submitting your application, or any other aspect of your case, please feel free to seek professional assistance.
At Immiland Law Professional Corporation, we can review your case to ensure that you apply for the correct permit with complete confidence.
If you would like to assess your eligibility with our team of consultants and licensed attorneys, we invite you to schedule an appointment.
Remember: If you qualify for a BOWP, make the most of your time and resources when applying for permanent residence and your status in Canada, since it does not require employer sponsorship because it is an open work permit.
I hope this topic helps clear up any questions you may have about your permit and gives you the peace of mind you need to move forward.
See you in the next blog post, where we'll continue to help you build your Canadian dream with empathy, dedication, and professionalism.
With love,
Immiland Law Professional Corporation
