PP323 said:
BOWP
Operational Bulletin 485 – December 15, 2012
Bridging Open Work Permits for Certain Federal Economic Class Applicants
This Operational Bulletin has expired. Please refer to OB 485-A for current information.
Summary
Effective December 15, 2012,qualifying foreign nationals currently in Canada who have submitted an application for permanent residence (PR) under the Federal Skilled Worker Program (FSWP), the Canadian Experience Class (CEC), the Provincial Nominee Program (PNP) or the Federal Skilled Trades Program (FSTP) and who meet program eligibility requirements, may be considered for a bridging open Work Permit (WP) if their current WP will soon expire.
Issue
Foreign nationals, in Canada, who have been approved under one of these Economic Class programs and whose temporary resident WPs are due to expire, require facilitation that enables them to maintain their status and allows them to continue working in Canada while they await final decisions on their PR applications. Furthermore, efficiencies are gained by avoiding unnecessary requests to Human Resources and Skills Development Canada (HRSDC) for subsequent labour market opinions (LMOs).
Background
Qualifying foreign nationals who have submitted an application for PR and are awaiting a final decision may find themselves in situations where the validity of their current temporary WP is set to expire.
The applicant is then required to persuade his/her current employer to reapply for another LMO through HRSDC, or find a new employer altogether who is willing to hire him/her and go through the application process in obtaining an LMO. As an alternative, the applicant could apply to remain in Canada and extend their status as a visitor but then they would be unauthorized to work. Otherwise, they must leave Canada as they no longer have status.
Conversely, applicants who apply under in-Canada PR classes (Live-in Caregiver class, Spouses or Common-law Partners in Canada class, Protected Persons, etc.) become eligible for open WPs once their application has been “approved in principle”, or upon submission of their application. Furthermore, they do not require an LMO or job offer from an employer in support of the open WP.
An open WP, which allows a foreign national to work for any employer in Canada, will provide these applicants with better flexibility to integrate and navigate the Canadian labour market given that they have already been found eligible for PR in an economic program and may even be currently working in the Canadian labour market.
Bridging Open WP – Eligibility Parameters
To be eligible for a bridging open WP, the following parameters must be met:
The foreign national is currently in Canada;
They have valid status on a WP that is due to expire within 4 months;
They have received a positive eligibility decision on their PR application under one of the Economic Class programs above; and
They have made application for an open WP.
