If you’re currently working in Canada and have applied for Permanent Residency (PR), it’s crucial to ensure your status remains valid during the waiting period. Fortunately, Canada has mechanisms that allow you to extend your work permit (WP) or maintain your legal status while your PR application is being processed.
1. Understanding Implied Status
If you apply to extend your work permit before it expires, you may benefit from implied status, which allows you to continue working under the same conditions while Immigration, Refugees and Citizenship Canada (IRCC) processes your new permit application.
Key points:
- You must stay in Canada to benefit from implied status.
- You must not change employers or job roles unless you apply for an open work permit or a new employer-specific permit.
- Keep proof of your extension application (e.g., submission confirmation).
2. Bridging Open Work Permit (BOWP)
If you’ve applied for PR under certain economic streams and meet the eligibility criteria, you may be able to apply for a Bridging Open Work Permit (BOWP). This permit allows you to continue working while waiting for a decision on your PR application.
a. Eligibility Criteria
To qualify, you must:
- Be currently in Canada.
- Have valid temporary resident status (or be on implied status).
- Have applied for PR under one of these programs:
- Federal Skilled Worker Program (FSWP)
- Canadian Experience Class (CEC)
- Federal Skilled Trades Program (FSTP)
- Provincial Nominee Program (PNP – non-employer-specific nomination)
- Agri-Food Pilot (AFP)
- Have received an Acknowledgment of Receipt (AOR) from IRCC confirming your PR application is in process.
b. When to Apply
Apply for a BOWP before your current work permit expires. You can do this online through your IRCC account.
c. How Long Is a BOWP Valid?
Typically issued for 12 months or longer, depending on the processing time for your PR application.
3. Extending a Work Permit Through LMIA or LMIA-Exempt Offers
If you do not qualify for a BOWP, another option is to extend your employer-specific work permit if:
- Your employer obtains a new Labour Market Impact Assessment (LMIA), or
- Your job is LMIA-exempt under a program like the International Mobility Program.
In these cases, your employer must provide a new job offer number, and you must submit a new application to extend your work permit.
4. Post-Graduation Work Permit (PGWP) Holders
If you’re on a PGWP and waiting for PR, you are not eligible for a BOWP unless you applied for PR through a qualifying economic program. If your PGWP is expiring:
- Apply for PR early enough to receive your AOR before the PGWP expires.
- Once you have your AOR, apply for a BOWP if eligible.
- Consider switching to a visitor status to stay in Canada while waiting.
5. Provincial Nominee Program (PNP) Pathways
If you applied for PR through a PNP with a job offer, you may be able to extend your work permit using the provincial nomination letter to support a new employer-specific permit. Some provinces also issue work permit support letters that facilitate this process.
6. Maintaining Your Legal Status
If your work permit is expiring and none of the above options apply yet, you can:
- Apply to change your status to a visitor, allowing you to remain in Canada while waiting for PR (but you cannot work).
- Leave Canada and wait to re-enter once you receive your PR approval or work authorization.
Final Tips
- Apply early: Don’t wait until your permit is days from expiring.
- Keep documentation: Maintain a copy of all applications, acknowledgments, and receipts.
- Stay informed: Check the IRCC website or consult an immigration consultant/lawyer for tailored advice.
